Indiana 2022 Regular Session

Indiana Senate Bill SB0305 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~SB0305.1~~
2		-	~~January 28, 2022~~
	1	+
	2	+	Introduced Version
3	3		SENATE BILL No. 305
4	4		_____
5		-	DIGEST OF ~~SB 305 (Updated January 26, 2022 4:32 pm - DI 133)~~
6		-	Citations Affected: IC 7.1-3.
	5	+	DIGEST OF INTRODUCED BILL
	6	+	Citations Affected: IC 7.1-3-20-16.
7	7		Synopsis: Alcoholic beverage permits in districts. Allows a district
8	8		that meets certain requirements to be issued not more than 10 new
9	9		alcoholic beverage permits for restaurants located within the district or
10	10		within 700 feet of the district. Changes population parameters to reflect
11	11		the population count determined under the 2020 decennial census.
12	12		Effective: July 1, 2022.
13	13		Niemeyer
14	14		January 10, 2022, read first time and referred to Committee on Public Policy.
15		-	January 27, 2022, reported favorably — Do Pass.
16		-	SB 305—LS 6973/DI 87 January 28, 2022
	15	+	2022 IN 305—LS 6973/DI 87 Introduced
17	16		Second Regular Session of the 122nd General Assembly (2022)
18	17		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
19	18		Constitution) is being amended, the text of the existing provision will appear in this style type,
20	19		additions will appear in this style type, and deletions will appear in this style type.
21	20		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
22	21		provision adopted), the text of the new provision will appear in this style type. Also, the
23	22		word NEW will appear in that style type in the introductory clause of each SECTION that adds
24	23		a new provision to the Indiana Code or the Indiana Constitution.
25	24		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
26	25		between statutes enacted by the 2021 Regular Session of the General Assembly.
27	26		SENATE BILL No. 305
28	27		A BILL FOR AN ACT to amend the Indiana Code concerning
29	28		alcohol and tobacco.
30	29		Be it enacted by the General Assembly of the State of Indiana:
31	30		1 SECTION 1. IC 7.1-3-20-16, AS AMENDED BY P.L.220-2021,
32	31		2 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
33	32		3 JULY 1, 2022]: Sec. 16. (a) A permit that is authorized by this section
34	33		4 may be issued without regard to the quota provisions of IC 7.1-3-22.
35	34		5 (b) The commission may issue a three-way permit to sell alcoholic
36	35		6 beverages for on-premises consumption only to an applicant who is the
37	36		7 proprietor, as owner or lessee, or both, of a restaurant facility in the
38	37		8 passenger terminal complex of a publicly owned airport. A permit
39	38		9 issued under this subsection shall not be transferred to a location off
40	39		10 the airport premises.
41	40		11 (c) Except as provided in sections 16.3 and 16.4 of this chapter, the
42	41		12 commission may issue a three-way, two-way, or one-way permit to sell
43	42		13 alcoholic beverages for on-premises consumption only to an applicant
44	43		14 who is the proprietor, as owner or lessee, or both, of a restaurant within
45	44		15 a redevelopment project consisting of a building or group of buildings
46	45		16 that:
47	46		17 (1) was formerly used as part of a union railway station;
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	47	+	2022 IN 305—LS 6973/DI 87 2
49	48		1 (2) has been listed in or is within a district that has been listed in
50	49		2 the federal National Register of Historic Places maintained
51	50		3 pursuant to the National Historic Preservation Act of 1966, as
52	51		4 amended; and
53	52		5 (3) has been redeveloped or renovated, with the redevelopment or
54	53		6 renovation being funded in part with grants from the federal,
55	54		7 state, or local government.
56	55		8 A permit issued under this subsection shall not be transferred to a
57	56		9 location outside of the redevelopment project.
58	57		10 (d) Subject to section 16.1 of this chapter and except as provided in
59	58		11 section 16.3 of this chapter, the commission may issue a three-way,
60	59		12 two-way, or one-way permit to sell alcoholic beverages for on-premises
61	60		13 consumption only to an applicant who is the proprietor, as owner or
62	61		14 lessee, or both, of a restaurant:
63	62		15 (1) on land; or
64	63		16 (2) in a historic river vessel;
65	64		17 within a municipal riverfront development project funded in part with
66	65		18 state and city money. The ownership of a permit issued under this
67	66		19 subsection and the location for which the permit was issued may not be
68	67		20 transferred. The legislative body of the municipality in which the
69	68		21 municipal riverfront development project is located shall recommend
70	69		22 to the commission sites that are eligible to be permit premises. The
71	70		23 commission shall consider, but is not required to follow, the municipal
72	71		24 legislative body's recommendation in issuing a permit under this
73	72		25 subsection. A permit holder and any lessee or proprietor of the permit
74	73		26 premises are subject to the formal written commitment required under
75	74		27 IC 7.1-3-19-17. Notwithstanding IC 7.1-3-1-3.5 and IC 7.1-3-1.1, if
76	75		28 business operations cease at the permit premises for more than six (6)
77	76		29 months, the permit shall revert to the commission. The permit holder
78	77		30 is not entitled to any refund or other compensation.
79	78		31 (e) Except as provided in sections 16.3 and 16.4 of this chapter, the
80	79		32 commission may issue a three-way, two-way, or one-way permit to sell
81	80		33 alcoholic beverages for on-premises consumption only to an applicant
82	81		34 who is the proprietor, as owner or lessee, or both, of a restaurant within
83	82		35 a renovation project consisting of:
84	83		36 (1) a building that:
85	84		37 (A) was formerly used as part of a passenger and freight
86	85		38 railway station; and
87	86		39 (B) was built before 1900; or
88	87		40 (2) a complex of buildings that:
89	88		41 (A) is part of an economic development area established under
90	89		42 IC 36-7-14; and
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	90	+	2022 IN 305—LS 6973/DI 87 3
92	91		1 (B) includes, as part of the renovation project, the use and
93	92		2 repurposing of two (2) or more buildings and structures that
94	93		3 are:
95	94		4 (i) at least seventy-five (75) years old; and
96	95		5 (ii) located at a site at which manufacturing previously
97	96		6 occurred over a period of at least seventy-five (75) years.
98	97		7 The permit authorized by this subsection may be issued without regard
99	98		8 to the proximity provisions of IC 7.1-3-21-11.
100	99		9 (f) Except as provided in section 16.3 of this chapter, the
101	100		10 commission may issue a three-way permit for the sale of alcoholic
102	101		11 beverages for on-premises consumption at a cultural center for the
103	102		12 visual and performing arts to the following:
104	103		13 (1) A town that:
105	104		14 (A) is located in a county having a population of more than
106	105		15 four hundred thousand (400,000) but less than seven hundred
107	106		16 thousand (700,000); and
108	107		17 (B) has a population of more than twenty thousand (20,000)
109	108		18 but less than twenty-three thousand seven hundred (23,700).
110	109		19 having a population of more than twenty-three thousand
111	110		20 (23,000) and less than twenty-three thousand nine hundred
112	111		21 (23,900) located in a county having a population of more
113	112		22 than four hundred thousand (400,000) and less than seven
114	113		23 hundred thousand (700,000).
115	114		24 (2) A city that has an indoor theater as described in section 26 of
116	115		25 this chapter.
117	116		26 (g) Except as provided in section 16.3 of this chapter, the
118	117		27 commission may issue not more than ten (10) new three-way, two-way,
119	118		28 or one-way permits to sell alcoholic beverages for on-premises
120	119		29 consumption to applicants, each of whom must be the proprietor, as
121	120		30 owner or lessee, or both, of a restaurant located within a district, or not
122	121		31 more than seven hundred (700) feet from a district, that meets the
123	122		32 following requirements in subdivision (1) or (2) as follows:
124	123		33 (1) The district meets the following requirements:
125	124		34 (A) The district has been listed in the National Register of
126	125		35 Historic Places maintained under the National Historic
127	126		36 Preservation Act of 1966, as amended.
128	127		37 (B) The following are located within the district:
129	128		38 (2) (i) A county courthouse. is located within the district.
130	129		39 (3) (ii) A historic opera house listed on the National Register
131	130		40 of Historic Places. is located within the district.
132	131		41 (4) (iii) A historic jail and sheriff's house listed on the
133	132		42 National Register of Historic Places. is located within the
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	133	+	2022 IN 305—LS 6973/DI 87 4
135	134		1 district.
136	135		2 (2) The district meets the following requirements:
137	136		3 (A) The district has been listed in the National Register of
138	137		4 Historic Places maintained under the National Historic
139	138		5 Preservation Act of 1966, as amended.
140	139		6 (B) A historic town hall and public park listed on the
141	140		7 National Register of Historic Places are located within the
142	141		8 district.
143	142		9 The legislative body of the municipality in which the district is located
144	143		10 shall recommend to the commission sites that are eligible to be permit
145	144		11 premises. The commission shall consider, but is not required to follow,
146	145		12 the municipal legislative body's recommendation in issuing a permit
147	146		13 under this subsection. An applicant is not eligible for a permit if, less
148	147		14 than two (2) years before the date of the application, the applicant sold
149	148		15 a retailer's permit that was subject to IC 7.1-3-22 and that was for
150	149		16 premises located within the district described in this section or within
151	150		17 seven hundred (700) feet of the district. The ownership of a permit
152	151		18 issued under this subsection and the location for which the permit was
153	152		19 issued shall not be transferred. A permit holder and any lessee or
154	153		20 proprietor of the permit premises is subject to the formal written
155	154		21 commitment required under IC 7.1-3-19-17. Notwithstanding
156	155		22 IC 7.1-3-1-3.5 and IC 7.1-3-1.1, if business operations cease at the
157	156		23 permit premises for more than six (6) months, the permit shall revert
158	157		24 to the commission. The permit holder is not entitled to any refund or
159	158		25 other compensation. The total number of active permits issued under
160	159		26 this subsection may not exceed ten (10) at any time. The cost of an
161	160		27 initial permit issued under this subsection is six thousand dollars
162	161		28 ($6,000).
163	162		29 (h) Except as provided in section 16.3 of this chapter, the
164	163		30 commission may issue a three-way permit for the sale of alcoholic
165	164		31 beverages for on-premises consumption to an applicant who will locate
166	165		32 as the proprietor, as owner or lessee, or both, of a restaurant within an
167	166		33 economic development area under IC 36-7-14 in:
168	167		34 (1) a town with a population of more than twenty thousand
169	168		35 (20,000); or
170	169		36 (2) a city with having a population of more than forty-four
171	170		37 thousand five hundred (44,500) but less than forty-five thousand
172	171		38 (45,000); forty-nine thousand four hundred (49,400) and less
173	172		39 than fifty thousand (50,000);
174	173		40 located in a county having a population of more than one hundred ten
175	174		41 thousand (110,000) but less than one hundred eleven thousand
176	175		42 (111,000). one hundred twenty thousand (120,000) and less than
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	176	+	2022 IN 305—LS 6973/DI 87 5
178	177		1 one hundred thirty thousand (130,000). The commission may issue
179	178		2 not more than five (5) licenses under this section to premises within a
180	179		3 municipality described in subdivision (1) and not more than five (5)
181	180		4 licenses to premises within a municipality described in subdivision (2).
182	181		5 The commission shall conduct an auction of the permits under
183	182		6 IC 7.1-3-22-9, except that the auction may be conducted at any time as
184	183		7 determined by the commission. Notwithstanding any other law, the
185	184		8 minimum bid for an initial license under this subsection is thirty-five
186	185		9 thousand dollars ($35,000), and the renewal fee for a license under this
187	186		10 subsection is one thousand three hundred fifty dollars ($1,350). Before
188	187		11 the district expires, a permit issued under this subsection may not be
189	188		12 transferred. After the district expires, a permit issued under this
190	189		13 subsection may be renewed, and the ownership of the permit may be
191	190		14 transferred, but the permit may not be transferred from the permit
192	191		15 premises.
193	192		16 (i) After June 30, 2006, and except as provided in section 16.3 of
194	193		17 this chapter, the commission may issue not more than five (5) new
195	194		18 three-way, two-way, or one-way permits to sell alcoholic beverages for
196	195		19 on-premises consumption to applicants, each of whom must be the
197	196		20 proprietor, as owner or lessee, or both, of a restaurant located within a
198	197		21 district, or not more than five hundred (500) feet from a district, that
199	198		22 meets all of the following requirements:
200	199		23 (1) The district is within an economic development area, an area
201	200		24 needing redevelopment, or a redevelopment district as established
202	201		25 under IC 36-7-14.
203	202		26 (2) A unit of the National Park Service is partially located within
204	203		27 the district.
205	204		28 (3) An international deep water seaport is located within the
206	205		29 district.
207	206		30 An applicant is not eligible for a permit under this subsection if, less
208	207		31 than two (2) years before the date of the application, the applicant sold
209	208		32 a retailers' permit that was subject to IC 7.1-3-22 and that was for
210	209		33 premises located within the district described in this subsection or
211	210		34 within five hundred (500) feet of the district. A permit issued under this
212	211		35 subsection may not be transferred. If the commission issues five (5)
213	212		36 new permits under this subsection, and a permit issued under this
214	213		37 subsection is later revoked or is not renewed, the commission may
215	214		38 issue another new permit, as long as the total number of active permits
216	215		39 issued under this subsection does not exceed five (5) at any time. The
217	216		40 commission shall conduct an auction of the permits under
218	217		41 IC 7.1-3-22-9, except that the auction may be conducted at any time as
219	218		42 determined by the commission.
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	219	+	2022 IN 305—LS 6973/DI 87 6
221	220		1 (j) Subject to section 16.2 of this chapter and except as provided in
222	221		2 section 16.3 of this chapter, the commission may issue not more than
223	222		3 six (6) new three-way, two-way, or one-way permits to sell alcoholic
224	223		4 beverages for on-premises consumption only to an applicant who is the
225	224		5 proprietor, as owner or lessee, or both, of a restaurant on land within a
226	225		6 municipal lakefront development project. A permit issued under this
227	226		7 subsection may not be transferred. If the commission issues six (6) new
228	227		8 permits under this subsection, and a permit issued under this subsection
229	228		9 is later revoked or is not renewed, the commission may issue another
230	229		10 new permit, as long as the total number of active permits issued under
231	230		11 this subsection does not exceed six (6) at any time. The commission
232	231		12 shall conduct an auction of the permits under IC 7.1-3-22-9, except that
233	232		13 the auction may be conducted at any time as determined by the
234	233		14 commission. Notwithstanding any other law, the minimum bid for an
235	234		15 initial permit under this subsection is ten thousand dollars ($10,000).
236	235		16 (k) Except as provided in section 16.3 of this chapter, the
237	236		17 commission may issue not more than nine (9) new three-way permits
238	237		18 to sell alcoholic beverages for on-premises consumption to applicants,
239	238		19 each of whom must be a proprietor, as owner or lessee, or both, of a
240	239		20 restaurant located:
241	240		21 (1) within a motorsports investment district (as defined in
242	241		22 IC 5-1-17.5-11); or
243	242		23 (2) not more than one thousand five hundred (1,500) feet from a
244	243		24 motorsports investment district.
245	244		25 The ownership of a permit issued under this subsection and the location
246	245		26 for which the permit was issued shall not be transferred. If the
247	246		27 commission issues nine (9) new permits under this subsection, and a
248	247		28 permit issued under this subsection is later revoked or is not renewed,
249	248		29 the commission may issue another new permit, as long as the total
250	249		30 number of active permits issued under this subsection does not exceed
251	250		31 nine (9) at any time. A permit holder and any lessee or proprietor of the
252	251		32 permit premises are subject to the formal written commitment required
253	252		33 under IC 7.1-3-19-17. Notwithstanding IC 7.1-3-1-3.5 and IC 7.1-3-1.1,
254	253		34 if business operations cease at the permit premises for more than six
255	254		35 (6) months, the permit shall revert to the commission. The permit
256	255		36 holder is not entitled to any refund or other compensation.
257	256		37 (l) Except as provided in section 16.3 of this chapter, the
258	257		38 commission may issue not more than two (2) new three-way permits to
259	258		39 sell alcoholic beverages for on-premises consumption for premises
260	259		40 located within a qualified motorsports facility (as defined in
261	260		41 IC 5-1-17.5-14). The ownership of a permit issued under this
262	261		42 subsection and the location for which the permit was issued shall not
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	262	+	2022 IN 305—LS 6973/DI 87 7
264	263		1 be transferred. If the commission issues two (2) new permits under this
265	264		2 subsection, and a permit issued under this subsection is later revoked
266	265		3 or is not renewed, the commission may issue another new permit, as
267	266		4 long as the total number of active permits issued under this subsection
268	267		5 does not exceed two (2) at any time. A permit holder and any lessee or
269	268		6 proprietor of the permit premises are subject to the formal written
270	269		7 commitment required under IC 7.1-3-19-17. Notwithstanding
271	270		8 IC 7.1-3-1-3.5 and IC 7.1-3-1.1, if business operations cease at the
272	271		9 permit premises for more than six (6) months, the permit shall revert
273	272		10 to the commission. The permit holder is not entitled to any refund or
274	273		11 other compensation.
275		-	SB 305—LS 6973/DI 87 8
276		-	COMMITTEE REPORT
277		-	Madam President: The Senate Committee on Public Policy, to which
278		-	was referred Senate Bill No. 305, has had the same under consideration
279		-	and begs leave to report the same back to the Senate with the
280		-	recommendation that said bill DO PASS.
281		-	(Reference is to SB 305 as introduced.)
282		-
283		-	ALTING, Chairperson
284		-	Committee Vote: Yeas 9, Nays 0
285		-	SB 305—LS 6973/DI 87
	274	+	2022 IN 305—LS 6973/DI 87