Indiana 2023 Regular Session

Indiana House Bill HB1200 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	EH1200.1
	2	+	April 7, 2023
	3	+	ENGROSSED
	4	+	HOUSE BILL No. 1200
	5	+	_____
	6	+	DIGEST OF HB 1200 (Updated April 6, 2023 9:21 am - DI 149)
	7	+	Citations Affected: IC 2-5; IC 4-12.
	8	+	Synopsis: Government reform task force. Establishes the government
	9	+	reform task force (task force). Provides for members of the task force.
	10	+	Requires the task force to submit a report. Prohibits the consideration
	11	+	of the number or amount of fines or civil penalties imposed on
	12	+	regulated entities by an employee in an agency's evaluation or
	13	+	compensation of the employee.
	14	+	Effective: Upon passage; July 1, 2023.
	15	+	Bartels, Miller D, Jordan, Pierce K
	16	+	(SENATE SPONSORS — GARTEN, KOCH)
	17	+	January 10, 2023, read first time and referred to Committee on Government and Regulatory
	18	+	Reform.
	19	+	January 17, 2023, amended, reported — Do Pass.
	20	+	January 19, 2023, read second time, ordered engrossed.
	21	+	January 20, 2023, engrossed.
	22	+	January 23, 2023, read third time, passed. Yeas 97, nays 1.
	23	+	SENATE ACTION
	24	+	February 23, 2023, read first time and referred to Committee on Judiciary.
	25	+	April 6, 2023, amended, reported favorably — Do Pass.
	26	+	EH 1200—LS 6851/DI 125 April 7, 2023
1	27		First Regular Session of the 123rd General Assembly (2023)
2	28		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
3	29		Constitution) is being amended, the text of the existing provision will appear in this style type,
4	30		additions will appear in this style type, and deletions will appear in this style type.
5	31		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
6	32		provision adopted), the text of the new provision will appear in this style type. Also, the
7	33		word NEW will appear in that style type in the introductory clause of each SECTION that adds
8	34		a new provision to the Indiana Code or the Indiana Constitution.
9	35		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
10	36		between statutes enacted by the 2022 Regular Session of the General Assembly.
11		-	HOUSE ENROLLED ACT No. 1200
12		-	AN ACT to amend the Indiana Code concerning alcohol and
13		-	tobacco.
	37	+	ENGROSSED
	38	+	HOUSE BILL No. 1200
	39	+	A BILL FOR AN ACT to amend the Indiana Code concerning the
	40	+	general assembly.
14	41		Be it enacted by the General Assembly of the State of Indiana:
15		-	SECTION 1. IC 7.1-1-3-16.5, AS AMENDED BY P.L.194-2021,
16		-	SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
17		-	JULY 1, 2023]: Sec. 16.5. The term "entertainment complex" means a
18		-	premises that complies with one (1) or more of the following
19		-	requirements:
20		-	(1) The premises:
21		-	(A) is a site for the performance of musical, theatrical, or other
22		-	entertainment; and
23		-	(B) includes an area where at least six hundred (600)
24		-	individuals may be seated at one (1) time in permanent
25		-	seating.
26		-	(2) The premises:
27		-	(A) is located entirely within a four (4) five (5) mile radius of
28		-	the center of a consolidated city;
29		-	(B) is used by a nonprofit organization primarily as a museum
30		-	of fine arts, as a fine arts theater, or for the professional
31		-	performance of musical or theatrical entertainment; and
32		-	(C) has audience:
33		-	(i) seating in one (1) or more performance spaces for at least
34		-	two hundred (200) individuals; or
35		-	(ii) capacity of at least two hundred (200) individuals and
36		-	HEA 1200 — CC 1 2
37		-	has artist housing on the premises.
38		-	SECTION 2. IC 7.1-1-3-32.7, AS ADDED BY P.L.270-2017,
39		-	SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
40		-	JULY 1, 2023]: Sec. 32.7. "Professional and educational expenses", for
41		-	purposes of IC 7.1-5-5, means one (1) or more of the following:
42		-	(1) A primary source of supply or wholesaler may participate in
43		-	retailer or dealer association activities. A primary source of
44		-	supply or wholesaler may do the following:
45		-	(A) Display its products at a convention or trade show.
46		-	(B) Rent display booth space if the rental fee is not excessive
47		-	and is the same as paid by all exhibitors.
48		-	(C) Provide its own hospitality that is independent from
49		-	association sponsored activities.
50		-	(D) Purchase tickets to functions and pay registration fees if
51		-	the payments or fees are not excessive and are the same as
52		-	paid by all exhibitors.
53		-	(E) Make payments for advertisements in programs or
54		-	brochures issued by retailer or dealer associations at a
55		-	convention or trade show if the total payments made are not
56		-	excessive and are the same as paid by all other advertisers.
57		-	(2) A primary source of supply or wholesaler may give or sponsor
58		-	educational seminars for employees of retailers or dealers either
59		-	at the primary source of supply's or wholesaler's premises or at the
60		-	retailer or dealer establishment. Examples of educational
61		-	seminars include the following:
62		-	(A) Seminars dealing with the use of a retailer's or dealer's
63		-	equipment.
64		-	(B) Training seminars for employees of retailers or dealers.
65		-	(C) Tours of a primary source of supply's or wholesaler's plant
66		-	or premises.
67		-	(D) Training seminars for employees of retailers or dealers
68		-	may include tasting or sampling of alcoholic beverages by the
69		-	employees of retailers or dealers. The tasting or sampling of an
70		-	alcoholic beverage product is limited to one (1) ounce per
71		-	employee of each alcoholic beverage product offered. The
72		-	alcoholic beverage to be tasted or sampled may be provided by
73		-	the primary source of supply or wholesaler or may be
74		-	purchased from the retailer or dealer for no more than the
75		-	listed retail price. The tasting or sampling may be conducted
76		-	only at a permit premises where the consumption of alcoholic
77		-	beverages is permitted. Any tasting or sampling provided by
78		-	a primary source of supply or wholesaler must be offered or
79		-	HEA 1200 — CC 1 3
80		-	conducted on a nondiscriminatory basis.
81		-	(E) Reasonable hospitality, such as food and alcoholic
82		-	beverages, may be offered as a part of an educational seminar.
83		-	(3) Advertising specialties and consumer advertising specialties,
84		-	even if not otherwise permitted by a rule of the commission, if a
85		-	wholesaler or primary source of supply does not:
86		-	(A) add the name or address of the retailer or dealer to the
87		-	advertising specialty or consumer advertising specialty; or
88		-	(B) pay or credit the retailer or dealer, directly or indirectly,
89		-	for distribution services.
90		-	(4) A primary source of supply, manufacturer, or wholesaler
91		-	may supply equipment on a temporary and nondiscriminatory
92		-	basis to the holder of a retailer permit or a temporary permit
93		-	for the purpose of holding, storing, and dispensing product to
94		-	consumers for a special event for the duration of the special
95		-	event. Ownership of the equipment shall remain with the
96		-	primary source of supply, manufacturer, or wholesaler.
97		-	SECTION 3. IC 7.1-1-3-47.5, AS AMENDED BY P.L.60-2016,
98		-	SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
99		-	JULY 1, 2023]: Sec. 47.5. (a) "Tobacco product", except as provided
100		-	in subsection (b), has the meaning set forth in IC 7.1-6-1-3.
101		-	(b) "Tobacco product", for purposes of IC 7.1-3-18.5, means a
102		-	product that:
103		-	(1) contains tobacco or nicotine, including e-liquid (as defined by
104		-	IC 7.1-7-2-10) that contains nicotine; and
105		-	(2) is intended for human consumption; and
106		-	(3) is not approved by the federal Food and Drug
107		-	Administration for tobacco cessation.
108		-	SECTION 4. IC 7.1-3-2-7, AS AMENDED BY P.L.194-2021,
109		-	SECTION 29, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
110		-	JULY 1, 2023]: Sec. 7. The holder of a brewer's permit or an
111		-	out-of-state brewer holding either a primary source of supply permit or
112		-	an out-of-state brewer's permit may do the following:
113		-	(1) Manufacture beer.
114		-	(2) Place beer in containers or bottles.
115		-	(3) Transport beer.
116		-	(4) Sell and deliver beer to a person holding a beer wholesaler's
117		-	permit issued under IC 7.1-3-3.
118		-	(5) If the brewer manufactures, at all of the brewer's breweries,
119		-	located in Indiana, an aggregate of not more than ninety thousand
120		-	(90,000) barrels of beer in a calendar year for sale or distribution
121		-	within Indiana, the permit holder may do the following:
122		-	HEA 1200 — CC 1 4
123		-	(A) Sell and deliver a total of not more than thirty thousand
124		-	(30,000) barrels of beer in a calendar year to a person holding
125		-	a retailer or a dealer permit under this title. The total number
126		-	of barrels of beer that the permit holder may sell and deliver
127		-	under this clause in a calendar year may not exceed thirty
128		-	thousand (30,000) barrels of beer.
129		-	(B) Be the proprietor of a restaurant that is not subject to the
130		-	minimum gross food sales or the minimum projected food
131		-	sales set forth in 905 IAC 1-41-2.
132		-	(C) Hold a beer retailer's permit, a wine retailer's permit, or a
133		-	liquor retailer's permit for a restaurant established under clause
134		-	(B).
135		-	(D) Transfer beer directly from the brewery to the restaurant
136		-	by means of:
137		-	(i) bulk containers; or
138		-	(ii) a continuous flow system.
139		-	(E) Install a window between the brewery and an adjacent
140		-	restaurant that allows the public and the permittee to view both
141		-	premises.
142		-	(F) Install a doorway or other opening between the brewery
143		-	and an adjacent restaurant that provides the public and the
144		-	permittee with access to both premises.
145		-	(G) Sell the brewery's beer by the glass for consumption on the
146		-	premises. Brewers permitted to sell beer by the glass under
147		-	this clause must make food available for consumption on the
148		-	premises. A brewer may comply with the requirements of this
149		-	clause by doing any of the following:
150		-	(i) Allowing a vehicle of transportation that is a food
151		-	establishment (as defined in IC 16-18-2-137) to serve food
152		-	near the brewer's licensed premises.
153		-	(ii) Placing menus in the brewer's premises of restaurants
154		-	that will deliver food to the brewery.
155		-	(iii) Providing food prepared at the brewery.
156		-	(H) Sell and deliver beer to a consumer at the licensed
157		-	premises of the brewer or at the residence of the consumer.
158		-	Notwithstanding IC 7.1-1-3-20, the licensed premises may
159		-	include the brewery parking lot or an area adjacent to the
160		-	brewery that may only be used for the purpose of conveying
161		-	alcoholic beverages and other nonalcoholic items to a
162		-	customer subject to section 10 of this chapter, and may not be
163		-	used for point of sale purposes or any other purpose. The
164		-	delivery to a consumer may be made only in a quantity at any
165		-	HEA 1200 — CC 1 5
166		-	one (1) time of not more than one-half (1/2) barrel, but the
167		-	beer may be contained in bottles or other permissible
168		-	containers.
169		-	(I) Sell the brewery's beer as authorized by this section for
170		-	carryout on Sunday in a quantity at any one (1) time of not
171		-	more than five hundred seventy-six (576) ounces. A brewer's
172		-	beer may be sold under this clause at any address for which the
173		-	brewer holds a brewer's permit issued under this chapter if the
174		-	address is located within the same city boundaries in which the
175		-	beer was manufactured.
176		-	(J) With the approval of the commission, participate:
177		-	(i) individually; or
178		-	(ii) with other permit holders under this chapter, holders of
179		-	artisan distiller's permits, holders of farm winery permits, or
180		-	any combination of holders described in this item;
181		-	in a trade show or an exposition at which products of each
182		-	permit holder participant are displayed, promoted, and sold.
183		-	All of the permit holders may occupy the same tent, structure,
184		-	or building. The commission may not grant to a holder of a
185		-	permit under this chapter approval under this clause to
186		-	participate in a trade show or exposition for more than
187		-	forty-five (45) days in a calendar year.
188		-	(K) Store or condition beer in a secure building that is:
189		-	(i) separate from the brewery; and
190		-	(ii) owned or leased by the permit holder.
191		-	(L) Transfer beer from a building described in clause (K) back
192		-	to the brewery.
193		-	(M) Sell or transfer beer directly to a beer wholesaler from a
194		-	building described in clause (K), but may not sell or transfer
195		-	beer from the building to any other permittee or a consumer.
196		-	The brewer shall maintain an adequate written record of the
197		-	beer transferred:
198		-	(i) between the brewery and the separate building; and
199		-	(ii) from the separate building to the wholesaler.
200		-	(N) Sell the brewery's beer to the holder of a supplemental
201		-	caterer's permit issued under IC 7.1-3-9.5 for on-premises
202		-	consumption only at an event that is held outdoors on property
203		-	that is contiguous to the brewery as approved by the
204		-	commission.
205		-	(O) Receive liquor from the holder of a distiller's permit issued
206		-	under IC 7.1-3-7 or the holder of an artisan distiller's permit
207		-	under IC 7.1-3-27 that is located in the same county as the
208		-	HEA 1200 — CC 1 6
209		-	brewery for the purpose of carbonating and canning the liquor.
210		-	Upon the completion of canning of the liquor, the product
211		-	must be returned to the original production facility within
212		-	forty-eight (48) hours. The activity under this clause is not an
213		-	interest under IC 7.1-5-9.
214		-	(P) Receive beer from another permit holder under this
215		-	subdivision for the purpose of bottling and packaging the
216		-	beer. Upon completion of bottling and packaging the beer,
217		-	the product must be returned to the original permit holder
218		-	who manufactured the beer. The number of barrels of beer
219		-	that a permit holder receives, bottles, and packages under
220		-	this clause may not exceed the number of barrels of beer
221		-	that the permit holder produced from raw materials at the
222		-	licensed premises of the permit holder in the same
223		-	calendar year. The activity under this clause is not an
224		-	interest under IC 7.1-5-9.
225		-	(Q) Sell or transfer beer directly to a food manufacturer
226		-	located in Indiana that is registered with the federal Food
227		-	and Drug Administration for the purpose of adding or
228		-	integrating the beer into a product or recipe.
229		-	(6) If the brewer's brewery manufactures more than ninety
230		-	thousand (90,000) barrels of beer in a calendar year for sale or
231		-	distribution within Indiana, the permit holder may own a portion
232		-	of the corporate stock of another brewery that:
233		-	(A) is located in the same county as the brewer's brewery;
234		-	(B) manufactures less than ninety thousand (90,000) barrels of
235		-	beer in a calendar year; and
236		-	(C) is the proprietor of a restaurant that operates under
237		-	subdivision (5).
238		-	(7) Provide complimentary samples of beer that are:
239		-	(A) produced by the brewer; and
240		-	(B) offered to consumers for consumption on the brewer's
241		-	premises.
242		-	(8) Own a portion of the corporate stock of a sports corporation
243		-	that:
244		-	(A) manages a minor league baseball stadium located in the
245		-	same county as the brewer's brewery; and
246		-	(B) holds a beer retailer's permit, a wine retailer's permit, or a
247		-	liquor retailer's permit for a restaurant located in that stadium.
248		-	(9) For beer described in IC 7.1-1-2-3(a)(4):
249		-	(A) may allow transportation to and consumption of the beer
250		-	on the licensed premises; and
251		-	HEA 1200 — CC 1 7
252		-	(B) may not sell, offer to sell, or allow sale of the beer on the
253		-	licensed premises.
254		-	SECTION 5. IC 7.1-3-2-11 IS ADDED TO THE INDIANA CODE
255		-	AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
256		-	1, 2023]: Sec. 11. (a) A finished product of a food manufacturer
257		-	that contains beer transferred to the food manufacturer under
258		-	section 7(5)(Q) of this chapter may not contain more than one-half
259		-	of one percent (0.5%) of alcohol by volume when the product
260		-	leaves the food manufacturer's facility.
261		-	(b) Beer that is sold or transferred by a brewer to a food
262		-	manufacturer under section 7(5)(Q) of this chapter shall be
263		-	included within the brewer's ninety thousand (90,000) barrel of
264		-	beer limit for the calendar year that is set forth in section 7(5) of
265		-	this chapter.
266		-	SECTION 6. IC 7.1-3-18-9, AS AMENDED BY P.L.196-2015,
267		-	SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
268		-	JULY 1, 2023]: Sec. 9. (a) The commission may issue an employee's
269		-	permit to a person who desires to act as:
270		-	(1) a clerk in a package liquor store;
271		-	(2) an employee who serves wine at a farm winery; or
272		-	(3) a bartender, waiter, waitress, or manager in a retail
273		-	establishment, excepting dining car and boat employees; or
274		-	(4) an employee of a dealer licensed under IC 7.1-3-5-3 or
275		-	IC 7.1-3-10-7 to deliver beer or liquor.
276		-	(b) A permit authorized by this section is conditioned upon the
277		-	compliance by the holder with reasonable rules relating to the permit
278		-	which the commission may prescribe from time to time.
279		-	(c) A permit issued under this section entitles its holder to work for
280		-	any lawful employer. However, a person may work without an
281		-	employee's permit for thirty (30) days from the date shown on a receipt
282		-	for a cashier's check or money order payable to the commission for that
283		-	person's employee's permit application.
284		-	(d) A person who, for a package liquor store or retail establishment,
285		-	is:
286		-	(1) the sole proprietor;
287		-	(2) a partner, a general partner, or a limited partner in a
288		-	partnership or limited partnership that owns the business
289		-	establishment;
290		-	(3) a member of a limited liability company that owns the
291		-	business establishment; or
292		-	(4) a stockholder in a corporation that owns the business
293		-	establishment;
294		-	HEA 1200 — CC 1 8
295		-	is not required to obtain an employee's permit in order to perform any
296		-	of the acts listed in subsection (a).
297		-	(e) An applicant may declare on the application form that the
298		-	applicant will use the employee's permit only to perform volunteer
299		-	service that benefits a nonprofit organization. It is unlawful for an
300		-	applicant who makes a declaration under this subsection to use an
301		-	employee's permit for any purpose other than to perform volunteer
302		-	service that benefits a nonprofit organization.
303		-	(f) The commission may not issue an employee's permit to an
304		-	applicant while the applicant is serving a sentence for a conviction for
305		-	operating while intoxicated, including any term of probation or parole.
306		-	(g) The commission may not issue an employee's permit to an
307		-	applicant who has two (2) unrelated convictions for operating while
308		-	intoxicated if:
309		-	(1) the first conviction occurred less than ten (10) years before the
310		-	date of the applicant's application for the permit; and
311		-	(2) the applicant completed the sentence for the second
312		-	conviction, including any term of probation or parole, less than
313		-	two (2) years before the date of the applicant's application for the
314		-	permit.
315		-	(h) If an applicant for an employee's permit has at least three (3)
316		-	unrelated convictions for operating while intoxicated in the ten (10)
317		-	years immediately preceding the date of the applicant's application for
318		-	the permit, the commission may not grant the issuance of the permit.
319		-	If, in the ten (10) years immediately preceding the date of the
320		-	applicant's application the applicant has:
321		-	(1) one (1) conviction for operating while intoxicated, and the
322		-	applicant is not subject to subsection (f); or
323		-	(2) two (2) unrelated convictions for operating while intoxicated,
324		-	and the applicant is not subject to subsection (f) or (g);
325		-	the commission may grant or deny the issuance of a permit.
326		-	(i) Except as provided under section 9.5 of this chapter, the
327		-	commission shall revoke a permit issued to an employee under this
328		-	section if:
329		-	(1) the employee is convicted of a Class B misdemeanor for
330		-	violating IC 7.1-5-10-15(a); or
331		-	(2) the employee is convicted of operating while intoxicated after
332		-	the issuance of the permit.
333		-	The commission may revoke a permit issued to an employee under this
334		-	section for any violation of this title or the rules adopted by the
335		-	commission.
336		-	SECTION 7. IC 7.1-3-19-17, AS AMENDED BY P.L.214-2016,
337		-	HEA 1200 — CC 1 9
338		-	SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
339		-	JULY 1, 2023]: Sec. 17. (a) This section applies to a permit issued
340		-	under IC 7.1-3-20-16(d), IC 7.1-3-20-16(g), IC 7.1-3-20-16(k)
341		-	IC 7.1-3-20-16(l), through IC 7.1-3-20-16(q), or IC 7.1-3-20-16.8 if
342		-	a municipal legislative body has adopted an ordinance requiring a
343		-	formal written commitment as a condition of eligibility for a permit, as
344		-	described in subsection (b).
345		-	(b) As a condition of eligibility for a permit, the applicant must
346		-	enter into a formal written commitment with the municipal legislative
347		-	body regarding the character or type of business that will be conducted
348		-	on the permit premises. The municipal legislative body must adopt an
349		-	ordinance approving the formal written commitment. A formal written
350		-	commitment is binding on the permit holder and on any lessee or
351		-	proprietor of the permit premises. When an application for renewal of
352		-	a permit is filed, the applicant shall forward a copy of the application
353		-	to the municipal legislative body. The municipal legislative body shall
354		-	receive notice of any filings, hearings, or other proceedings on the
355		-	application for renewal from the applicant.
356		-	(c) A formal written commitment may be modified by the municipal
357		-	legislative body with the agreement of the permit holder.
358		-	(d) Except as provided in subsection (f), the amount of time that a
359		-	formal written commitment is valid may not be limited or restricted.
360		-	(e) A formal written commitment is terminated at the time a permit
361		-	is revoked or not renewed.
362		-	(f) If the character or type of business violates the formal written
363		-	commitments, the municipality may adopt a recommendation to the
364		-	local board and the commission to:
365		-	(1) deny the permit holder's application to renew the permit; or
366		-	(2) revoke the permit holder's permit.
367		-	(g) The commission shall consider evidence at the hearing on the
368		-	issue of whether the business violated the formal written commitments.
369		-	If the commission determines there is sufficient evidence that the
370		-	commitments have been violated by the permittee, the commission
371		-	may:
372		-	(1) deny the application to renew the permit; or
373		-	(2) revoke the permit;
374		-	as applicable.
375		-	SECTION 8. IC 7.1-3-20-16, AS AMENDED BY P.L.104-2022,
376		-	SECTION 57, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
377		-	JULY 1, 2023]: Sec. 16. (a) A permit that is authorized by this section
378		-	may be issued without regard to the quota provisions of IC 7.1-3-22.
379		-	(b) The commission may issue a three-way permit to sell alcoholic
380		-	HEA 1200 — CC 1 10
381		-	beverages for on-premises consumption only to an applicant who is the
382		-	proprietor, as owner or lessee, or both, of a restaurant facility in the
383		-	passenger terminal complex of a publicly owned airport. A permit
384		-	issued under this subsection shall not be transferred to a location off
385		-	the airport premises.
386		-	(c) Except as provided in sections 16.3 and 16.4 of this chapter, the
387		-	commission may issue a three-way, two-way, or one-way permit to sell
388		-	alcoholic beverages for on-premises consumption only to an applicant
389		-	who is the proprietor, as owner or lessee, or both, of a restaurant within
390		-	a redevelopment project consisting of a building or group of buildings
391		-	that:
392		-	(1) was formerly used as part of a union railway station;
393		-	(2) has been listed in or is within a district that has been listed in
394		-	the federal National Register of Historic Places maintained
395		-	pursuant to the National Historic Preservation Act of 1966, as
396		-	amended; and
397		-	(3) has been redeveloped or renovated, with the redevelopment or
398		-	renovation being funded in part with grants from the federal,
399		-	state, or local government.
400		-	A permit issued under this subsection shall not be transferred to a
401		-	location outside of the redevelopment project.
402		-	(d) Subject to section 16.1 of this chapter and except as provided in
403		-	section 16.3 of this chapter, the commission may issue a three-way,
404		-	two-way, or one-way permit to sell alcoholic beverages for on-premises
405		-	consumption only to an applicant who is the proprietor, as owner or
406		-	lessee, or both, of a restaurant:
407		-	(1) on land; or
408		-	(2) in a historic river vessel;
409		-	within a municipal riverfront development project funded in part with
410		-	state and city money. The ownership of a permit issued under this
411		-	subsection and the location for which the permit was issued may not be
412		-	transferred. The legislative body of the municipality in which the
413		-	municipal riverfront development project is located shall recommend
414		-	to the commission sites that are eligible to be permit premises. The
415		-	commission shall consider, but is not required to follow, the municipal
416		-	legislative body's recommendation in issuing a permit under this
417		-	subsection. A permit holder and any lessee or proprietor of the permit
418		-	premises are subject to the formal written commitment required under
419		-	IC 7.1-3-19-17. Notwithstanding IC 7.1-3-1-3.5 and IC 7.1-3-1.1, if
420		-	business operations cease at the permit premises for more than six (6)
421		-	months, the permit shall revert to the commission. The permit holder
422		-	is not entitled to any refund or other compensation.
423		-	HEA 1200 — CC 1 11
424		-	(e) Except as provided in sections 16.3 and 16.4 of this chapter, the
425		-	commission may issue a three-way, two-way, or one-way permit to sell
426		-	alcoholic beverages for on-premises consumption only to an applicant
427		-	who is the proprietor, as owner or lessee, or both, of a restaurant within
428		-	a renovation project consisting of:
429		-	(1) a building that:
430		-	(A) was formerly used as part of a passenger and freight
431		-	railway station; and
432		-	(B) was built before 1900; or
433		-	(2) a complex of buildings that:
434		-	(A) is part of an economic development area established under
435		-	IC 36-7-14; and
436		-	(B) includes, as part of the renovation project, the use and
437		-	repurposing of two (2) or more buildings and structures that
438		-	are:
439		-	(i) at least seventy-five (75) years old; and
440		-	(ii) located at a site at which manufacturing previously
441		-	occurred over a period of at least seventy-five (75) years.
442		-	The permit authorized by this subsection may be issued without regard
443		-	to the proximity provisions of IC 7.1-3-21-11.
444		-	(f) Except as provided in section 16.3 of this chapter, the
445		-	commission may issue a three-way permit for the sale of alcoholic
446		-	beverages for on-premises consumption at a cultural center for the
447		-	visual and performing arts to the following:
448		-	(1) A town having a population of more than twenty-three
449		-	thousand (23,000) and less than twenty-three thousand nine
450		-	hundred (23,900) located in a county having a population of more
451		-	than four hundred thousand (400,000) and less than seven
452		-	hundred thousand (700,000).
453		-	(2) A city that has an indoor theater as described in section 26 of
454		-	this chapter.
455		-	(g) Except as provided in section 16.3 of this chapter, the
456		-	commission may issue not more than ten (10) fifteen (15) new
457		-	three-way, two-way, or one-way permits to sell alcoholic beverages for
458		-	on-premises consumption to applicants, each of whom must be the
459		-	proprietor, as owner or lessee, or both, of a restaurant located within a
460		-	district, or not more than seven hundred (700) one thousand five
461		-	hundred (1,500) feet from a district, that meets the following
462		-	requirements:
463		-	(1) The district has been listed in the National Register of Historic
464		-	Places maintained under the National Historic Preservation Act
465		-	of 1966, as amended.
466		-	HEA 1200 — CC 1 12
467		-	(2) A county courthouse is located within the district.
468		-	(3) A historic opera house listed on the National Register of
469		-	Historic Places is located within the district.
470		-	(4) A historic jail and sheriff's house listed on the National
471		-	Register of Historic Places is located within the district.
472		-	The legislative body of the municipality in which the district is located
473		-	shall recommend to the commission sites that are eligible to be permit
474		-	premises. The commission shall consider, but is not required to follow,
475		-	the municipal legislative body's recommendation in issuing a permit
476		-	under this subsection. An applicant is not eligible for a permit if, less
477		-	than two (2) years before the date of the application, the applicant sold
478		-	a retailer's permit that was subject to IC 7.1-3-22 and that was for
479		-	premises located within the district described in this section or within
480		-	seven hundred (700) one thousand five hundred (1,500) feet of the
481		-	district. The ownership of a permit issued under this subsection and the
482		-	location for which the permit was issued shall not be transferred. A
483		-	permit holder and any lessee or proprietor of the permit premises is
484		-	subject to the formal written commitment required under
485		-	IC 7.1-3-19-17. Notwithstanding IC 7.1-3-1-3.5 and IC 7.1-3-1.1, if
486		-	business operations cease at the permit premises for more than six (6)
487		-	months, the permit shall revert to the commission. The permit holder
488		-	is not entitled to any refund or other compensation. The total number
489		-	of active permits issued under this subsection may not exceed ten (10)
490		-	fifteen (15) at any time. The cost of an initial permit issued under this
491		-	subsection is six thousand dollars ($6,000). twenty-five thousand
492		-	dollars ($25,000).
493		-	(h) Except as provided in section 16.3 of this chapter, the
494		-	commission may issue a three-way permit for the sale of alcoholic
495		-	beverages for on-premises consumption to an applicant who will locate
496		-	as the proprietor, as owner or lessee, or both, of a restaurant within an
497		-	economic development area under IC 36-7-14 in:
498		-	(1) a town having a population of more than twenty thousand
499		-	(20,000); or
500		-	(2) a city having a population of more than forty-nine thousand
501		-	four hundred (49,400) and less than fifty thousand (50,000);
502		-	located in a county having a population of more than one hundred
503		-	twenty thousand (120,000) and less than one hundred thirty thousand
504		-	(130,000). The commission may issue not more than five (5) licenses
505		-	under this section to premises within a municipality described in
506		-	subdivision (1) and not more than five (5) licenses to premises within
507		-	a municipality described in subdivision (2). The commission shall
508		-	conduct an auction of the permits under IC 7.1-3-22-9, except that the
509		-	HEA 1200 — CC 1 13
510		-	auction may be conducted at any time as determined by the
511		-	commission. Notwithstanding any other law, the minimum bid for an
512		-	initial license under this subsection is thirty-five thousand dollars
513		-	($35,000), and the renewal fee for a license under this subsection is one
514		-	thousand three hundred fifty dollars ($1,350). Before the district
515		-	expires, a permit issued under this subsection may not be transferred.
516		-	After the district expires, a permit issued under this subsection may be
517		-	renewed, and the ownership of the permit may be transferred, but the
518		-	permit may not be transferred from the permit premises.
519		-	(i) After June 30, 2006, and except as provided in section 16.3 of
520		-	this chapter, the commission may issue not more than five (5) new
521		-	three-way, two-way, or one-way permits to sell alcoholic beverages for
522		-	on-premises consumption to applicants, each of whom must be the
523		-	proprietor, as owner or lessee, or both, of a restaurant located within a
524		-	district, or not more than five hundred (500) feet from a district, that
525		-	meets all of the following requirements:
526		-	(1) The district is within an economic development area, an area
527		-	needing redevelopment, or a redevelopment district as established
528		-	under IC 36-7-14.
529		-	(2) A unit of the National Park Service is partially located within
530		-	the district.
531		-	(3) An international deep water seaport is located within the
532		-	district.
533		-	An applicant is not eligible for a permit under this subsection if, less
534		-	than two (2) years before the date of the application, the applicant sold
535		-	a retailers' permit that was subject to IC 7.1-3-22 and that was for
536		-	premises located within the district described in this subsection or
537		-	within five hundred (500) feet of the district. A permit issued under this
538		-	subsection may not be transferred. If the commission issues five (5)
539		-	new permits under this subsection, and a permit issued under this
540		-	subsection is later revoked or is not renewed, the commission may
541		-	issue another new permit, as long as the total number of active permits
542		-	issued under this subsection does not exceed five (5) at any time. The
543		-	commission shall conduct an auction of the permits under
544		-	IC 7.1-3-22-9, except that the auction may be conducted at any time as
545		-	determined by the commission.
546		-	(j) Subject to section 16.2 of this chapter and except as provided in
547		-	section 16.3 of this chapter, the commission may issue not more than
548		-	six (6) new three-way, two-way, or one-way permits to sell alcoholic
549		-	beverages for on-premises consumption only to an applicant who is the
550		-	proprietor, as owner or lessee, or both, of a restaurant on land within a
551		-	municipal lakefront development project. A permit issued under this
552		-	HEA 1200 — CC 1 14
553		-	subsection may not be transferred. If the commission issues six (6) new
554		-	permits under this subsection, and a permit issued under this subsection
555		-	is later revoked or is not renewed, the commission may issue another
556		-	new permit, as long as the total number of active permits issued under
557		-	this subsection does not exceed six (6) at any time. The commission
558		-	shall conduct an auction of the permits under IC 7.1-3-22-9, except that
559		-	the auction may be conducted at any time as determined by the
560		-	commission. Notwithstanding any other law, the minimum bid for an
561		-	initial permit under this subsection is ten thousand dollars ($10,000).
562		-	(k) Except as provided in section 16.3 of this chapter, the
563		-	commission may issue not more than nine (9) new three-way permits
564		-	to sell alcoholic beverages for on-premises consumption to applicants,
565		-	each of whom must be a proprietor, as owner or lessee, or both, of a
566		-	restaurant located:
567		-	(1) within a motorsports investment district (as defined in
568		-	IC 5-1-17.5-11); or
569		-	(2) not more than one thousand five hundred (1,500) feet from a
570		-	motorsports investment district.
571		-	The ownership of a permit issued under this subsection and the location
572		-	for which the permit was issued shall not be transferred. If the
573		-	commission issues nine (9) new permits under this subsection, and a
574		-	permit issued under this subsection is later revoked or is not renewed,
575		-	the commission may issue another new permit, as long as the total
576		-	number of active permits issued under this subsection does not exceed
577		-	nine (9) at any time. A permit holder and any lessee or proprietor of the
578		-	permit premises are subject to the formal written commitment required
579		-	under IC 7.1-3-19-17. Notwithstanding IC 7.1-3-1-3.5 and IC 7.1-3-1.1,
580		-	if business operations cease at the permit premises for more than six
581		-	(6) months, the permit shall revert to the commission. The permit
582		-	holder is not entitled to any refund or other compensation.
583		-	(l) Except as provided in section 16.3 of this chapter, the
584		-	commission may issue not more than two (2) new three-way permits to
585		-	sell alcoholic beverages for on-premises consumption for premises
586		-	located within a qualified motorsports facility (as defined in
587		-	IC 5-1-17.5-14). The ownership of a permit issued under this
588		-	subsection and the location for which the permit was issued shall not
589		-	be transferred. If the commission issues two (2) new permits under this
590		-	subsection, and a permit issued under this subsection is later revoked
591		-	or is not renewed, the commission may issue another new permit, as
592		-	long as the total number of active permits issued under this subsection
593		-	does not exceed two (2) at any time. A permit holder and any lessee or
594		-	proprietor of the permit premises are subject to the formal written
595		-	HEA 1200 — CC 1 15
596		-	commitment required under IC 7.1-3-19-17. Notwithstanding
597		-	IC 7.1-3-1-3.5 and IC 7.1-3-1.1, if business operations cease at the
598		-	permit premises for more than six (6) months, the permit shall revert
599		-	to the commission. The permit holder is not entitled to any refund or
600		-	other compensation.
601		-	(m) Except as provided in section 16.3 of this chapter, the
602		-	commission may issue not more than three (3) new three-way
603		-	permits to sell alcoholic beverages for on-premises consumption in
604		-	the city of Auburn. The ownership of a permit issued under this
605		-	subsection and the location for which the permit was issued shall
606		-	not be transferred. If the commission issues three (3) new permits
607		-	under this subsection, and a permit issued under this subsection is
608		-	later revoked or is not renewed, the commission may issue another
609		-	new permit, as long as the total number of active permits issued
610		-	under this subsection does not exceed three (3) at any time. A
611		-	permit holder and any lessee or proprietor of the permit premises
612		-	are subject to the formal written commitment required under
613		-	IC 7.1-3-19-17. Notwithstanding IC 7.1-3-1.1, if business operations
614		-	cease at the permit premises for more than six (6) months, the
615		-	permit shall revert to the commission. The permit holder is not
616		-	entitled to any refund or other compensation.
617		-	(n) Except as provided in section 16.3 of this chapter, the
618		-	commission may issue not more than three (3) new three-way
619		-	permits to sell alcoholic beverages for on-premises consumption in
620		-	the city of Kendallville. The ownership of a permit issued under
621		-	this subsection and the location for which the permit was issued
622		-	shall not be transferred. If the commission issues three (3) new
623		-	permits under this subsection, and a permit issued under this
624		-	subsection is later revoked or is not renewed, the commission may
625		-	issue another new permit, as long as the total number of active
626		-	permits issued under this subsection does not exceed three (3) at
627		-	any time. A permit holder and any lessee or proprietor of the
628		-	permit premises are subject to the formal written commitment
629		-	required under IC 7.1-3-19-17. Notwithstanding IC 7.1-3-1.1, if
630		-	business operations cease at the permit premises for more than six
631		-	(6) months, the permit shall revert to the commission. The permit
632		-	holder is not entitled to any refund or other compensation.
633		-	(o) Except as provided in section 16.3 of this chapter, the
634		-	commission may issue not more than two (2) new three-way
635		-	permits to sell alcoholic beverages for on-premises consumption in
636		-	the city of Warsaw. The ownership of a permit issued under this
637		-	subsection and the location for which the permit was issued shall
638		-	HEA 1200 — CC 1 16
639		-	not be transferred. If the commission issues two (2) new permits
640		-	under this subsection, and a permit issued under this subsection is
641		-	later revoked or is not renewed, the commission may issue another
642		-	new permit, as long as the total number of active permits issued
643		-	under this subsection does not exceed two (2) at any time. A permit
644		-	holder and any lessee or proprietor of the permit premises are
645		-	subject to the formal written commitment required under
646		-	IC 7.1-3-19-17. Notwithstanding IC 7.1-3-1.1, if business operations
647		-	cease at the permit premises for more than six (6) months, the
648		-	permit shall revert to the commission. The permit holder is not
649		-	entitled to any refund or other compensation.
650		-	(p) Except as provided in section 16.3 of this chapter, the
651		-	commission may issue not more than one (1) new three-way permit
652		-	to sell alcoholic beverages for on-premises consumption in the town
653		-	of Winona Lake. The ownership of a permit issued under this
654		-	subsection and the location for which the permit was issued shall
655		-	not be transferred. If the commission issues one (1) new permit
656		-	under this subsection, and a permit issued under this subsection is
657		-	later revoked or is not renewed, the commission may issue another
658		-	new permit, as long as the total number of active permits issued
659		-	under this subsection does not exceed one (1) at any time. A permit
660		-	holder and any lessee or proprietor of the permit premises are
661		-	subject to the formal written commitment required under
662		-	IC 7.1-3-19-17. Notwithstanding IC 7.1-3-1.1, if business operations
663		-	cease at the permit premises for more than six (6) months, the
664		-	permit shall revert to the commission. The permit holder is not
665		-	entitled to any refund or other compensation.
666		-	(q) Except as provided in section 16.3 of this chapter, the
667		-	commission may issue not more than one (1) new three-way permit
668		-	to sell alcoholic beverages for on-premises consumption in the town
669		-	of Syracuse. The ownership of a permit issued under this
670		-	subsection and the location for which the permit was issued shall
671		-	not be transferred. If the commission issues one (1) new permit
672		-	under this subsection, and a permit issued under this subsection is
673		-	later revoked or is not renewed, the commission may issue another
674		-	new permit, as long as the total number of active permits issued
675		-	under this subsection does not exceed one (1) at any time. A permit
676		-	holder and any lessee or proprietor of the permit premises are
677		-	subject to the formal written commitment required under
678		-	IC 7.1-3-19-17. Notwithstanding IC 7.1-3-1.1, if business operations
679		-	cease at the permit premises for more than six (6) months, the
680		-	permit shall revert to the commission. The permit holder is not
681		-	HEA 1200 — CC 1 17
682		-	entitled to any refund or other compensation.
683		-	SECTION 9. IC 7.1-3-20-16.3, AS ADDED BY P.L.214-2016,
684		-	SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
685		-	JULY 1, 2023]: Sec. 16.3. If the holder of a permit holds a:
686		-	(1) permit issued under section 16(c) through 16(l) 16(q) of this
687		-	chapter or section 16.8 of this chapter to sell beer for on-premises
688		-	consumption; and
689		-	(2) permit for a brewery described in IC 7.1-3-2-7(5) that is
690		-	located on or adjacent to the premises for which the permit holder
691		-	holds a permit described in subdivision (1);
692		-	the permit holder may sell for carryout, at the premises for which the
693		-	permit holder holds a permit described in subdivision (1), beer
694		-	manufactured at the brewery.
695		-	SECTION 10. IC 7.1-3-20-16.8, AS AMENDED BY P.L.285-2019,
696		-	SECTION 36, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
697		-	JULY 1, 2023]: Sec. 16.8. (a) A permit that is authorized by this
698		-	section may be issued without regard to the quota provisions of
699		-	IC 7.1-3-22.
700		-	(b) Except as provided in section 16.3 of this chapter, the
701		-	commission may issue not more than four (4) new three-way permits
702		-	to sell alcoholic beverages for on-premises consumption to applicants
703		-	in each of the following municipalities:
704		-	(1) Whitestown.
705		-	(2) Lebanon.
706		-	(3) Zionsville.
707		-	(4) Westfield.
708		-	(5) Carmel.
709		-	(6) Fishers.
710		-	(c) The following apply to permits issued under this section:
711		-	subsection (b):
712		-	(1) An applicant for a permit under this section subsection (b)
713		-	must be a proprietor, as owner or lessee, or both, of a restaurant
714		-	located within an economic development area, an area needing
715		-	redevelopment, or a redevelopment district as established under
716		-	IC 36-7-14 in a municipality's:
717		-	(A) downtown redevelopment district; or
718		-	(B) downtown economic revitalization area.
719		-	(2) The cost of an initial permit is forty thousand dollars
720		-	($40,000).
721		-	(3) The total number of active permits issued under this section
722		-	subsection (b) may not exceed twenty-four (24) permits at any
723		-	time. If any of the permits issued under this section subsection
724		-	HEA 1200 — CC 1 18
725		-	(b) are revoked or not renewed, the commission may issue only
726		-	enough new permits to bring the total number of permits to
727		-	twenty-four (24) active permits, with not more than four (4) in
728		-	each municipality listed in subsection (b)(1) through (b)(6).
729		-	(4) The municipality may adopt an ordinance under
730		-	IC 7.1-3-19-17 requiring a permit holder to enter into a formal
731		-	written commitment as a condition of eligibility for a permit. As
732		-	set forth in IC 7.1-3-19-17(b), a formal written commitment is
733		-	binding on the permit holder and on any lessee or proprietor of
734		-	the permit premises.
735		-	(5) Notwithstanding IC 7.1-3-1-3.5 and IC 7.1-3-1.1, if business
736		-	operations cease at the permit premises for more than six (6)
737		-	months, the permit shall revert to the commission and the permit
738		-	holder is not entitled to any refund or other compensation.
739		-	(6) Except as provided in subdivision (8), the ownership of a
740		-	permit may not be transferred.
741		-	(7) A permit may not be transferred from the premises for which
742		-	the permit was issued.
743		-	(8) If the area in which the permit premises is located is no longer
744		-	designated an economic development area, an area needing
745		-	redevelopment, or a redevelopment district, a permit issued under
746		-	this section may be renewed, and the ownership of the permit may
747		-	be transferred, but the permit may not be transferred from the
748		-	permit premises.
749		-	(d) Except as provided in section 16.3 of this chapter, in addition
750		-	to the permits issued to the town of Whitestown under subsection
751		-	(c), the commission may issue to the town of Whitestown not more
752		-	than:
753		-	(1) three (3) new three-way permits; and
754		-	(2) three (3) new two-way permits;
755		-	under this subsection.
756		-	(e) The following apply to permits issued under subsection (d):
757		-	(1) An applicant for a permit under subsection (d)(1) or (d)(2)
758		-	must be a proprietor, an owner or lessee, or both, of a
759		-	restaurant located within an economic development area, an
760		-	area needing redevelopment, or a redevelopment district as
761		-	established under IC 36-7-14 in a municipality's:
762		-	(A) downtown redevelopment district; or
763		-	(B) downtown economic revitalization area.
764		-	(2) The cost of an initial permit is forty thousand dollars
765		-	($40,000).
766		-	(3) The total number of active permits issued under
767		-	HEA 1200 — CC 1 19
768		-	subsection (d) may not exceed the six (6) permits allocated by
769		-	permit type, as set forth in that subsection.
770		-	(4) The municipality may adopt an ordinance under
771		-	IC 7.1-3-19-17 requiring a permit holder to enter into a
772		-	formal written commitment as a condition of eligibility for a
773		-	permit. As set forth in IC 7.1-3-19-17(b), a formal written
774		-	commitment is binding on the permit holder and on any lessee
775		-	or proprietor of the permit premises.
776		-	(5) Notwithstanding IC 7.1-3-1.1, if business operations cease
777		-	at the permit premises for more than six (6) months, the
778		-	permit shall revert to the commission and the permit holder
779		-	is not entitled to any refund or other compensation.
780		-	(6) Except as provided in subdivision (8), the ownership of a
781		-	permit may not be transferred.
782		-	(7) A permit may not be transferred from the premises for
783		-	which the permit was issued.
784		-	(8) If the area in which the permit issued to a premises under
785		-	subsection (d)(1) or (d)(2) is located is no longer designated an
786		-	economic development area, an area needing redevelopment,
787		-	or a redevelopment district, a permit issued under this section
788		-	may be renewed, and the ownership of the permit may be
789		-	transferred, but the permit may not be transferred from the
790		-	permit premises.
791		-	SECTION 11. IC 7.1-3-22-4.5 IS ADDED TO THE INDIANA
792		-	CODE AS A NEW SECTION TO READ AS FOLLOWS
793		-	[EFFECTIVE JULY 1, 2023]: Sec. 4.5. (a) As used in this section,
794		-	"eligible grocery store" means a grocery store (as defined in
795		-	IC 7.1-1-3-18.5(a)(1)) that meets the following criteria:
796		-	(1) Is operated in a consolidated city.
797		-	(2) Was established in whole or in part through a food
798		-	empowerment pilot project authorized under P.L.165-2021,
799		-	SECTION 6 and awarded to a nonprofit corporation for the
800		-	benefit of establishing the grocery store.
801		-	(3) Operates with less than eighteen thousand (18,000) square
802		-	feet of building space.
803		-	(4) Provides access to fresh and healthy foods to individuals
804		-	in a low income area where access to resources for fresh and
805		-	healthy food, particularly fresh fruits and vegetables and
806		-	fresh meat, poultry, and fish, is limited.
807		-	(b) The commission shall issue a beer dealer's permit and a wine
808		-	dealer's permit to an eligible grocery store without regard to the
809		-	quota provisions of this chapter.
810		-	HEA 1200 — CC 1 20
811		-	(c) A permit issued under this section is subject to the following:
812		-	(1) A permit issued under this section may be renewed, and
813		-	the ownership of the permit may be transferred, but the
814		-	permit may not be transferred from the permit premises.
815		-	(2) Notwithstanding IC 7.1-3-1.1, if the premises ceases to
816		-	qualify as an eligible grocery store for more than six (6)
817		-	months, the permit shall revert to the commission and the
818		-	permit holder is not entitled to any refund or other
819		-	compensation.
820		-	SECTION 12. IC 7.1-3-27-3, AS AMENDED BY P.L.159-2014,
821		-	SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
822		-	JULY 1, 2023]: Sec. 3. (a) An artisan distiller may produce not more
823		-	than ten twenty thousand (10,000) (20,000) gallons of liquor in any
824		-	calendar year. Liquor produced by an artisan distiller that is sold
825		-	through a wholesaler licensed under IC 7.1-3-8 may not be counted
826		-	toward the gallonage limit.
827		-	(b) An artisan distiller who knowingly or intentionally violates this
828		-	section commits a Class B misdemeanor.
829		-	SECTION 13. IC 7.1-5-3-1, AS AMENDED BY P.L.79-2015,
830		-	SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
831		-	JULY 1, 2023]: Sec. 1. (a) This section does not apply to the following:
832		-	(1) An establishment where alcoholic beverages are sold that is
833		-	owned, in whole or part, by an entity that holds a brewer's permit
834		-	issued under IC 7.1-3-2-2(b).
835		-	(2) An establishment where alcoholic beverages are sold that is
836		-	owned, in whole or part, by a statewide trade organization
837		-	consisting of members, each of whom holds a brewer's permit
838		-	issued under IC 7.1-3-2-2(b).
839		-	(3) Beer that is bottled and packaged under IC 7.1-3-2-7(5)(P).
840		-	(b) Except as provided in section 6 of this chapter, it is unlawful to
841		-	sell beer in this state at retail in a bottle, can, or other container, unless
842		-	the bottle, can, or other container was packaged and sealed by the
843		-	brewer at the brewer's bottling house contiguous or adjacent to the
844		-	brewery in which the beer was produced.
845		-	(c) A person who knowingly or intentionally violates subsection (b)
846		-	commits a Class B misdemeanor.
847		-	SECTION 14. IC 7.1-5-7-11, AS AMENDED BY P.L.105-2022,
848		-	SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
849		-	JULY 1, 2023]: Sec. 11. (a) The provisions of sections 9 and 10 of this
850		-	chapter shall not apply if the public place involved is one (1) of the
851		-	following:
852		-	(1) Civic center.
853		-	HEA 1200 — CC 1 21
854		-	(2) Convention center.
855		-	(3) Sports arena.
856		-	(4) Bowling center.
857		-	(5) Bona fide club.
858		-	(6) Drug store.
859		-	(7) Grocery store.
860		-	(8) Boat.
861		-	(9) Dining car.
862		-	(10) Pullman car.
863		-	(11) Club car.
864		-	(12) Passenger airplane.
865		-	(13) Horse racetrack facility holding a recognized meeting permit
866		-	under IC 4-31-5.
867		-	(14) Satellite facility (as defined in IC 4-31-2.1-36).
868		-	(15) Catering hall under IC 7.1-3-20-24 that is not open to the
869		-	public.
870		-	(16) That part of a restaurant which is separate from a room in
871		-	which is located a bar over which alcoholic beverages are sold or
872		-	dispensed by the drink.
873		-	(17) Entertainment complex.
874		-	(18) Indoor golf facility.
875		-	(19) A recreational facility such as a golf course, bowling center,
876		-	or similar facility that has the recreational activity and not the sale
877		-	of food and beverages as the principal purpose or function of the
878		-	person's business.
879		-	(20) A licensed premises owned or operated by a postsecondary
880		-	educational institution described in IC 21-17-6-1.
881		-	(21) An automobile racetrack.
882		-	(22) An indoor theater under IC 7.1-3-20-26.
883		-	(23) A senior residence facility campus (as defined in
884		-	IC 7.1-3-1-29(c)) at which alcoholic beverages are given or
885		-	furnished as provided under IC 7.1-3-1-29.
886		-	(24) A hotel other than a part of a hotel that is a room in a
887		-	restaurant in which a bar is located over which alcoholic
888		-	beverages are sold or dispensed by the drink.
889		-	(25) The location of an allowable event to which IC 7.1-3-6.1
890		-	applies.
891		-	(26) The location of a charity auction to which IC 7.1-3-6.2
892		-	applies.
893		-	(27) A tour of a brewery as provided in IC 7.1-3-20-16.4, if the
894		-	minor is in the company of a parent, legal guardian or custodian,
895		-	or family member who is at least twenty-one (21) years of age.
896		-	HEA 1200 — CC 1 22
897		-	(28) A farm winery and any additional locations of the farm
898		-	winery under IC 7.1-3-12, if the minor is in the company of a
899		-	parent, legal guardian or custodian, or family member who is at
900		-	least twenty-one (21) years of age and the minor is accompanied
901		-	by the adult in any area that the adult may be present whether or
902		-	not the area:
903		-	(A) is separated in any manner from where the wine is
904		-	manufactured, sold, or consumed within the farm winery
905		-	premises; or
906		-	(B) operates under a retailer's permit.
907		-	(29) An artisan distillery under IC 7.1-3-27, if:
908		-	(A) the person who holds the artisan distiller's permit also
909		-	holds a farm winery permit under IC 7.1-3-12, or
910		-	IC 7.1-3-20-16.4(a) applies to the person; and
911		-	(B) the minor is in the company of a parent, legal guardian or
912		-	custodian, or family member who is at least twenty-one (21)
913		-	years of age.
914		-	(30) An art instruction studio under IC 7.1-5-8-4.6.
915		-	(31) The licensed premises of a food hall under IC 7.1-3-20-29
916		-	and the food and beverage vending space of a food hall vendor
917		-	permittee under IC 7.1-3-20-30. However, sections 9 and 10 of
918		-	this chapter apply to a bar within the food and beverage vending
919		-	space of a food hall vendor permittee under IC 7.1-3-20-30 that
920		-	serves alcoholic beverages intended to be consumed while sitting
921		-	or standing at the bar.
922		-	(b) For the purpose of this subsection, "food" means meals prepared
923		-	on the licensed premises. It is lawful for a minor to be on licensed
924		-	premises in a room in which is located a bar over which alcoholic
925		-	beverages are sold or dispensed by the drink if all the following
926		-	conditions are met:
927		-	(1) The minor is eighteen (18) years of age or older.
928		-	(2) (1) The minor is in the company of a parent, guardian, or
929		-	family member who is twenty-one (21) years of age or older.
930		-	(3) (2) The purpose for being on the licensed premises is the
931		-	consumption of food and not the consumption of alcoholic
932		-	beverages.
933		-	(3) The minor, accompanied by the parent, guardian, or
934		-	family member who is twenty-one (21) years of age or older,
935		-	must be seated at a table or booth in the bar area and shall
936		-	not be seated at the bar over which alcoholic beverages are
937		-	sold or dispensed by the drink.
938		-	SECTION 15. IC 7.1-6-1-3 IS AMENDED TO READ AS
939		-	HEA 1200 — CC 1 23
940		-	FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 3. "Tobacco product"
941		-	means a product that:
942		-	(1) contains tobacco or nicotine; and
943		-	(2) is intended for human consumption; and
944		-	(3) is not approved by the federal Food and Drug
945		-	Administration for tobacco cessation.
946		-	SECTION 16. IC 7.1-7-5-1.1, AS ADDED BY P.L.206-2017,
947		-	SECTION 29, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
948		-	JULY 1, 2023]: Sec. 1.1. (a) A retailer must have a valid sales
949		-	certificate issued by the commission in accordance with
950		-	IC 7.1-3-18.5-1 that contains a separate box to check for identifying a
951		-	retailer that sells e-liquids.
952		-	(b) A retailer may purchase e-liquid only from an Indiana e-liquid
953		-	manufacturing permit holder or an Indiana distributor permit holder.
954		-	(c) A retailer shall retain all invoices for e-liquid that the retailer
955		-	purchases for two (2) years.
956		-	(d) A retailer shall not allow the self-service sale for individuals
957		-	purchasing an e-liquid.
958		-	(e) A retailer may not sell an e-liquid that contains more than
959		-	seventy-five (75) milligrams per milliliter of nicotine.
960		-	(f) A manufacturer must have an e-liquid manufacturing permit
961		-	issued under IC 7.1-7-4.
962		-	(g) A distributor that does not have a valid e-liquid manufacturing
963		-	permit issued under IC 7.1-7-4 must have a valid distributor's license
964		-	issued under IC 6-7-2-8.
965		-	(h) A distributor shall purchase and distribute e-liquid from an:
966		-	(1) Indiana e-liquid manufacturer that has a valid e-liquid
967		-	manufacturing permit under IC 7.1-7-4; or
968		-	(2) Indiana e-liquid distributor that has a valid:
969		-	(A) e-liquid manufacturing permit issued under IC 7.1-7-4;
970		-	or
971		-	(B) distributor's license under IC 6-7-2-8.
972		-	(h) (i) A distributor shall retain all invoices to a retailer or from a
973		-	manufacturer for at least two (2) years.
974		-	(i) (j) A manufacturer, distributor, or retailer may not market
975		-	e-liquid as a modified risk tobacco product, as defined by
976		-	IC 7.1-7-2-17.5, that has not been designated as a modified risk
977		-	tobacco product by the federal Food and Drug Administration.
978		-	(j) (k) Except as provided in subsection (l), (m), a manufacturer,
979		-	including a manufacturer of a closed system vapor product, shall
980		-	annually submit a report to the commission setting forth:
981		-	(1) each new product that the manufacturer is producing and is
982		-	HEA 1200 — CC 1 24
983		-	sold in Indiana with a list of the contents and ingredients by
984		-	volume; and
985		-	(2) whether the manufacturer has stopped producing products
986		-	previously produced and sold in Indiana.
987		-	A report under this subsection is confidential, and the commission may
988		-	not disclose it to another person.
989		-	(k) (l) A manufacturer shall annually submit a report to the
990		-	commission setting forth:
991		-	(1) the milligrams per milliliter of nicotine in each product the
992		-	manufacturer produces; and
993		-	(2) the milliliters of each product sold that current year.
994		-	A report under this subsection is confidential, and the ATC may not
995		-	disclose it to another person.
996		-	(l) (m) A manufacturer is not required to submit a report described
997		-	in subsection (j) (k) if the manufacturer submits to the commission a
998		-	certification, by October 1 of each year, that each of the manufacturer's
999		-	vapor products sold in Indiana has been filed with the federal Food and
1000		-	Drug Administration.
1001		-	HEA 1200 — CC 1 Speaker of the House of Representatives
1002		-	President of the Senate
1003		-	President Pro Tempore
1004		-	Governor of the State of Indiana
1005		-	Date: Time:
1006		-	HEA 1200 — CC 1
	42	+	1 SECTION 1. IC 2-5-46 IS REPEALED [EFFECTIVE UPON
	43	+	2 PASSAGE]. (Administrative Rules Review Task Force).
	44	+	3 SECTION 2. IC 2-5-53 IS ADDED TO THE INDIANA CODE AS
	45	+	4 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE UPON
	46	+	5 PASSAGE]:
	47	+	6 Chapter 53. Government Reform Task Force
	48	+	7 Sec. 1. As used in this chapter, "agency" has the meaning set
	49	+	8 forth in IC 4-22-2-3.
	50	+	9 Sec. 2. As used in this chapter, "council" refers to the legislative
	51	+	10 council established by IC 2-5-1.1-1.
	52	+	11 Sec. 3. As used in this chapter, "rule" has the meaning set forth
	53	+	12 in IC 4-22-2-3.
	54	+	13 Sec. 4. As used in this chapter, "task force" refers to the
	55	+	14 government reform task force established by section 5 of this
	56	+	15 chapter.
	57	+	16 Sec. 5. The government reform task force is established.
	58	+	17 Sec. 6. (a) Except as provided in subsections (b), (c), (d), and (e),
	59	+	EH 1200—LS 6851/DI 125 2
	60	+	1 IC 2-5-1.2 applies to the task force.
	61	+	2 (b) The task force consists of the following ten (10) members of
	62	+	3 the general assembly:
	63	+	4 (1) Three (3) members appointed by the president pro
	64	+	5 tempore of the senate.
	65	+	6 (2) Two (2) members appointed by the minority leader of the
	66	+	7 senate.
	67	+	8 (3) Three (3) members appointed by the speaker of the house
	68	+	9 of representatives.
	69	+	10 (4) Two (2) members appointed by the minority leader of the
	70	+	11 house of representatives.
	71	+	12 A member of the task force serves at the pleasure of the appointing
	72	+	13 authority.
	73	+	14 (c) The task force shall meet as called by the chair. All meetings
	74	+	15 of the task force shall be open to the public in accordance with and
	75	+	16 subject to IC 5-14-1.5. All records of the task force shall be subject
	76	+	17 to the requirements of IC 5-14-3.
	77	+	18 (d) A majority of the members of the task force constitutes a
	78	+	19 quorum. The affirmative vote of at least a majority of the members
	79	+	20 at a meeting at which a quorum is present is necessary for the task
	80	+	21 force to take official action other than to meet and take testimony.
	81	+	22 (e) The:
	82	+	23 (1) chairman of the legislative council shall designate the
	83	+	24 chair; and
	84	+	25 (2) vice chairman of the legislative council shall designate the
	85	+	26 vice chair;
	86	+	27 of the task force from the members of the task force. The chair and
	87	+	28 vice chair of the task force serve as chair and vice chair at the
	88	+	29 pleasure of the appointing authority.
	89	+	30 Sec. 7. The task force shall do the following:
	90	+	31 (1) Review external policies and standards of procedure
	91	+	32 implemented by agencies.
	92	+	33 (2) Study any other issues related to agency oversight, as
	93	+	34 determined by the task force.
	94	+	35 Sec. 8. The task force may request information or testimony
	95	+	36 from department or agency heads, or the designee of a department
	96	+	37 or agency head, as determined necessary by the task force.
	97	+	38 Sec. 9. The task force shall:
	98	+	39 (1) develop recommendations in a report for the general
	99	+	40 assembly concerning the issues set forth in section 7 of this
	100	+	41 chapter; and
	101	+	42 (2) not later than November 1, 2023, and before November 1
	102	+	EH 1200—LS 6851/DI 125 3
	103	+	1 of each year thereafter, submit the report to the executive
	104	+	2 director of the legislative services agency for distribution to
	105	+	3 the members of the general assembly. The report submitted
	106	+	4 to the executive director of the legislative services agency
	107	+	5 under this subdivision must be in an electronic format under
	108	+	6 IC 5-14-6.
	109	+	7 Sec. 10. The legislative services agency shall provide support
	110	+	8 staff to the task force.
	111	+	9 Sec. 11. This chapter expires December 31, 2025.
	112	+	10 SECTION 3. IC 4-12-2-4 IS ADDED TO THE INDIANA CODE
	113	+	11 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
	114	+	12 1, 2023]: Sec. 4. An agency may not consider the number or amount
	115	+	13 of fines or civil penalties imposed on regulated entities by an
	116	+	14 employee in the evaluation or compensation of the employee.
	117	+	15 SECTION 4. An emergency is declared for this act.
	118	+	EH 1200—LS 6851/DI 125 4
	119	+	COMMITTEE REPORT
	120	+	Mr. Speaker: Your Committee on Government and Regulatory
	121	+	Reform, to which was referred House Bill 1200, has had the same
	122	+	under consideration and begs leave to report the same back to the
	123	+	House with the recommendation that said bill be amended as follows:
	124	+	Page 2, line 31, after "Review" insert "external".
	125	+	and when so amended that said bill do pass.
	126	+	(Reference is to HB 1200 as introduced.)
	127	+	MILLER D
	128	+	Committee Vote: yeas 11, nays 0.
	129	+	_____
	130	+	COMMITTEE REPORT
	131	+	Madam President: The Senate Committee on Judiciary, to which
	132	+	was referred House Bill No. 1200, has had the same under
	133	+	consideration and begs leave to report the same back to the Senate with
	134	+	the recommendation that said bill be AMENDED as follows:
	135	+	Page 1, line 3, delete "IC 2-5-52" and insert "IC 2-5-53".
	136	+	Page 1, line 6, delete "52." and insert "53.".
	137	+	Page 2, line 42, after "2023," insert "and before November 1 of
	138	+	each year thereafter,".
	139	+	Page 3, line 13, after "evaluation" insert "or compensation".
	140	+	and when so amended that said bill do pass.
	141	+	(Reference is to HB 1200 as printed January 17, 2023.)
	142	+	BROWN L, Chairperson
	143	+	Committee Vote: Yeas 11, Nays 0.
	144	+	EH 1200—LS 6851/DI 125