| 1 | 1 | | |
|---|
| 2 | 2 | | Introduced Version |
|---|
| 3 | 3 | | HOUSE BILL No. 1419 |
|---|
| 4 | 4 | | _____ |
|---|
| 5 | 5 | | DIGEST OF INTRODUCED BILL |
|---|
| 6 | 6 | | Citations Affected: IC 7.1-3-20-16. |
|---|
| 7 | 7 | | Synopsis: Historic district restaurant permits. Increases, within a |
|---|
| 8 | 8 | | certain historic district, the number of alcoholic beverage restaurant |
|---|
| 9 | 9 | | permits from 10 to 15, and changes certain other requirements. |
|---|
| 10 | 10 | | Effective: July 1, 2023. |
|---|
| 11 | 11 | | Soliday |
|---|
| 12 | 12 | | January 17, 2023, read first time and referred to Committee on Public Policy. |
|---|
| 13 | 13 | | 2023 IN 1419—LS 6647/DI 87 Introduced |
|---|
| 14 | 14 | | First Regular Session of the 123rd General Assembly (2023) |
|---|
| 15 | 15 | | PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana |
|---|
| 16 | 16 | | Constitution) is being amended, the text of the existing provision will appear in this style type, |
|---|
| 17 | 17 | | additions will appear in this style type, and deletions will appear in this style type. |
|---|
| 18 | 18 | | Additions: Whenever a new statutory provision is being enacted (or a new constitutional |
|---|
| 19 | 19 | | provision adopted), the text of the new provision will appear in this style type. Also, the |
|---|
| 20 | 20 | | word NEW will appear in that style type in the introductory clause of each SECTION that adds |
|---|
| 21 | 21 | | a new provision to the Indiana Code or the Indiana Constitution. |
|---|
| 22 | 22 | | Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts |
|---|
| 23 | 23 | | between statutes enacted by the 2022 Regular Session of the General Assembly. |
|---|
| 24 | 24 | | HOUSE BILL No. 1419 |
|---|
| 25 | 25 | | A BILL FOR AN ACT to amend the Indiana Code concerning |
|---|
| 26 | 26 | | alcohol and tobacco. |
|---|
| 27 | 27 | | Be it enacted by the General Assembly of the State of Indiana: |
|---|
| 28 | 28 | | 1 SECTION 1. IC 7.1-3-20-16, AS AMENDED BY P.L.104-2022, |
|---|
| 29 | 29 | | 2 SECTION 57, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
|---|
| 30 | 30 | | 3 JULY 1, 2023]: Sec. 16. (a) A permit that is authorized by this section |
|---|
| 31 | 31 | | 4 may be issued without regard to the quota provisions of IC 7.1-3-22. |
|---|
| 32 | 32 | | 5 (b) The commission may issue a three-way permit to sell alcoholic |
|---|
| 33 | 33 | | 6 beverages for on-premises consumption only to an applicant who is the |
|---|
| 34 | 34 | | 7 proprietor, as owner or lessee, or both, of a restaurant facility in the |
|---|
| 35 | 35 | | 8 passenger terminal complex of a publicly owned airport. A permit |
|---|
| 36 | 36 | | 9 issued under this subsection shall not be transferred to a location off |
|---|
| 37 | 37 | | 10 the airport premises. |
|---|
| 38 | 38 | | 11 (c) Except as provided in sections 16.3 and 16.4 of this chapter, the |
|---|
| 39 | 39 | | 12 commission may issue a three-way, two-way, or one-way permit to sell |
|---|
| 40 | 40 | | 13 alcoholic beverages for on-premises consumption only to an applicant |
|---|
| 41 | 41 | | 14 who is the proprietor, as owner or lessee, or both, of a restaurant within |
|---|
| 42 | 42 | | 15 a redevelopment project consisting of a building or group of buildings |
|---|
| 43 | 43 | | 16 that: |
|---|
| 44 | 44 | | 17 (1) was formerly used as part of a union railway station; |
|---|
| 45 | 45 | | 2023 IN 1419—LS 6647/DI 87 2 |
|---|
| 46 | 46 | | 1 (2) has been listed in or is within a district that has been listed in |
|---|
| 47 | 47 | | 2 the federal National Register of Historic Places maintained |
|---|
| 48 | 48 | | 3 pursuant to the National Historic Preservation Act of 1966, as |
|---|
| 49 | 49 | | 4 amended; and |
|---|
| 50 | 50 | | 5 (3) has been redeveloped or renovated, with the redevelopment or |
|---|
| 51 | 51 | | 6 renovation being funded in part with grants from the federal, |
|---|
| 52 | 52 | | 7 state, or local government. |
|---|
| 53 | 53 | | 8 A permit issued under this subsection shall not be transferred to a |
|---|
| 54 | 54 | | 9 location outside of the redevelopment project. |
|---|
| 55 | 55 | | 10 (d) Subject to section 16.1 of this chapter and except as provided in |
|---|
| 56 | 56 | | 11 section 16.3 of this chapter, the commission may issue a three-way, |
|---|
| 57 | 57 | | 12 two-way, or one-way permit to sell alcoholic beverages for on-premises |
|---|
| 58 | 58 | | 13 consumption only to an applicant who is the proprietor, as owner or |
|---|
| 59 | 59 | | 14 lessee, or both, of a restaurant: |
|---|
| 60 | 60 | | 15 (1) on land; or |
|---|
| 61 | 61 | | 16 (2) in a historic river vessel; |
|---|
| 62 | 62 | | 17 within a municipal riverfront development project funded in part with |
|---|
| 63 | 63 | | 18 state and city money. The ownership of a permit issued under this |
|---|
| 64 | 64 | | 19 subsection and the location for which the permit was issued may not be |
|---|
| 65 | 65 | | 20 transferred. The legislative body of the municipality in which the |
|---|
| 66 | 66 | | 21 municipal riverfront development project is located shall recommend |
|---|
| 67 | 67 | | 22 to the commission sites that are eligible to be permit premises. The |
|---|
| 68 | 68 | | 23 commission shall consider, but is not required to follow, the municipal |
|---|
| 69 | 69 | | 24 legislative body's recommendation in issuing a permit under this |
|---|
| 70 | 70 | | 25 subsection. A permit holder and any lessee or proprietor of the permit |
|---|
| 71 | 71 | | 26 premises are subject to the formal written commitment required under |
|---|
| 72 | 72 | | 27 IC 7.1-3-19-17. Notwithstanding IC 7.1-3-1-3.5 and IC 7.1-3-1.1, if |
|---|
| 73 | 73 | | 28 business operations cease at the permit premises for more than six (6) |
|---|
| 74 | 74 | | 29 months, the permit shall revert to the commission. The permit holder |
|---|
| 75 | 75 | | 30 is not entitled to any refund or other compensation. |
|---|
| 76 | 76 | | 31 (e) Except as provided in sections 16.3 and 16.4 of this chapter, the |
|---|
| 77 | 77 | | 32 commission may issue a three-way, two-way, or one-way permit to sell |
|---|
| 78 | 78 | | 33 alcoholic beverages for on-premises consumption only to an applicant |
|---|
| 79 | 79 | | 34 who is the proprietor, as owner or lessee, or both, of a restaurant within |
|---|
| 80 | 80 | | 35 a renovation project consisting of: |
|---|
| 81 | 81 | | 36 (1) a building that: |
|---|
| 82 | 82 | | 37 (A) was formerly used as part of a passenger and freight |
|---|
| 83 | 83 | | 38 railway station; and |
|---|
| 84 | 84 | | 39 (B) was built before 1900; or |
|---|
| 85 | 85 | | 40 (2) a complex of buildings that: |
|---|
| 86 | 86 | | 41 (A) is part of an economic development area established under |
|---|
| 87 | 87 | | 42 IC 36-7-14; and |
|---|
| 88 | 88 | | 2023 IN 1419—LS 6647/DI 87 3 |
|---|
| 89 | 89 | | 1 (B) includes, as part of the renovation project, the use and |
|---|
| 90 | 90 | | 2 repurposing of two (2) or more buildings and structures that |
|---|
| 91 | 91 | | 3 are: |
|---|
| 92 | 92 | | 4 (i) at least seventy-five (75) years old; and |
|---|
| 93 | 93 | | 5 (ii) located at a site at which manufacturing previously |
|---|
| 94 | 94 | | 6 occurred over a period of at least seventy-five (75) years. |
|---|
| 95 | 95 | | 7 The permit authorized by this subsection may be issued without regard |
|---|
| 96 | 96 | | 8 to the proximity provisions of IC 7.1-3-21-11. |
|---|
| 97 | 97 | | 9 (f) Except as provided in section 16.3 of this chapter, the |
|---|
| 98 | 98 | | 10 commission may issue a three-way permit for the sale of alcoholic |
|---|
| 99 | 99 | | 11 beverages for on-premises consumption at a cultural center for the |
|---|
| 100 | 100 | | 12 visual and performing arts to the following: |
|---|
| 101 | 101 | | 13 (1) A town having a population of more than twenty-three |
|---|
| 102 | 102 | | 14 thousand (23,000) and less than twenty-three thousand nine |
|---|
| 103 | 103 | | 15 hundred (23,900) located in a county having a population of more |
|---|
| 104 | 104 | | 16 than four hundred thousand (400,000) and less than seven |
|---|
| 105 | 105 | | 17 hundred thousand (700,000). |
|---|
| 106 | 106 | | 18 (2) A city that has an indoor theater as described in section 26 of |
|---|
| 107 | 107 | | 19 this chapter. |
|---|
| 108 | 108 | | 20 (g) Except as provided in section 16.3 of this chapter, the |
|---|
| 109 | 109 | | 21 commission may issue not more than ten (10) fifteen (15) new |
|---|
| 110 | 110 | | 22 three-way, two-way, or one-way permits to sell alcoholic beverages for |
|---|
| 111 | 111 | | 23 on-premises consumption to applicants, each of whom must be the |
|---|
| 112 | 112 | | 24 proprietor, as owner or lessee, or both, of a restaurant located within a |
|---|
| 113 | 113 | | 25 district, or not more than seven hundred (700) one thousand five |
|---|
| 114 | 114 | | 26 hundred (1,500) feet from a district, that meets the following |
|---|
| 115 | 115 | | 27 requirements: |
|---|
| 116 | 116 | | 28 (1) The district has been listed in the National Register of Historic |
|---|
| 117 | 117 | | 29 Places maintained under the National Historic Preservation Act |
|---|
| 118 | 118 | | 30 of 1966, as amended. |
|---|
| 119 | 119 | | 31 (2) A county courthouse is located within the district. |
|---|
| 120 | 120 | | 32 (3) A historic opera house listed on the National Register of |
|---|
| 121 | 121 | | 33 Historic Places is located within the district. |
|---|
| 122 | 122 | | 34 (4) A historic jail and sheriff's house listed on the National |
|---|
| 123 | 123 | | 35 Register of Historic Places is located within the district. |
|---|
| 124 | 124 | | 36 The legislative body of the municipality in which the district is located |
|---|
| 125 | 125 | | 37 shall recommend to the commission sites that are eligible to be permit |
|---|
| 126 | 126 | | 38 premises. The commission shall consider, but is not required to follow, |
|---|
| 127 | 127 | | 39 the municipal legislative body's recommendation in issuing a permit |
|---|
| 128 | 128 | | 40 under this subsection. An applicant is not eligible for a permit if, less |
|---|
| 129 | 129 | | 41 than two (2) years before the date of the application, the applicant sold |
|---|
| 130 | 130 | | 42 a retailer's permit that was subject to IC 7.1-3-22 and that was for |
|---|
| 131 | 131 | | 2023 IN 1419—LS 6647/DI 87 4 |
|---|
| 132 | 132 | | 1 premises located within the district described in this section or within |
|---|
| 133 | 133 | | 2 seven hundred (700) one thousand five hundred (1,500) feet of the |
|---|
| 134 | 134 | | 3 district. The ownership of a permit issued under this subsection and the |
|---|
| 135 | 135 | | 4 location for which the permit was issued shall not be transferred. A |
|---|
| 136 | 136 | | 5 permit holder and any lessee or proprietor of the permit premises is |
|---|
| 137 | 137 | | 6 subject to the formal written commitment required under |
|---|
| 138 | 138 | | 7 IC 7.1-3-19-17. Notwithstanding IC 7.1-3-1-3.5 and IC 7.1-3-1.1, if |
|---|
| 139 | 139 | | 8 business operations cease at the permit premises for more than six (6) |
|---|
| 140 | 140 | | 9 months, the permit shall revert to the commission. The permit holder |
|---|
| 141 | 141 | | 10 is not entitled to any refund or other compensation. The total number |
|---|
| 142 | 142 | | 11 of active permits issued under this subsection may not exceed ten (10) |
|---|
| 143 | 143 | | 12 fifteen (15) at any time. The cost of an initial permit issued under this |
|---|
| 144 | 144 | | 13 subsection is six thousand dollars ($6,000). twenty-five thousand |
|---|
| 145 | 145 | | 14 dollars ($25,000). |
|---|
| 146 | 146 | | 15 (h) Except as provided in section 16.3 of this chapter, the |
|---|
| 147 | 147 | | 16 commission may issue a three-way permit for the sale of alcoholic |
|---|
| 148 | 148 | | 17 beverages for on-premises consumption to an applicant who will locate |
|---|
| 149 | 149 | | 18 as the proprietor, as owner or lessee, or both, of a restaurant within an |
|---|
| 150 | 150 | | 19 economic development area under IC 36-7-14 in: |
|---|
| 151 | 151 | | 20 (1) a town having a population of more than twenty thousand |
|---|
| 152 | 152 | | 21 (20,000); or |
|---|
| 153 | 153 | | 22 (2) a city having a population of more than forty-nine thousand |
|---|
| 154 | 154 | | 23 four hundred (49,400) and less than fifty thousand (50,000); |
|---|
| 155 | 155 | | 24 located in a county having a population of more than one hundred |
|---|
| 156 | 156 | | 25 twenty thousand (120,000) and less than one hundred thirty thousand |
|---|
| 157 | 157 | | 26 (130,000). The commission may issue not more than five (5) licenses |
|---|
| 158 | 158 | | 27 under this section to premises within a municipality described in |
|---|
| 159 | 159 | | 28 subdivision (1) and not more than five (5) licenses to premises within |
|---|
| 160 | 160 | | 29 a municipality described in subdivision (2). The commission shall |
|---|
| 161 | 161 | | 30 conduct an auction of the permits under IC 7.1-3-22-9, except that the |
|---|
| 162 | 162 | | 31 auction may be conducted at any time as determined by the |
|---|
| 163 | 163 | | 32 commission. Notwithstanding any other law, the minimum bid for an |
|---|
| 164 | 164 | | 33 initial license under this subsection is thirty-five thousand dollars |
|---|
| 165 | 165 | | 34 ($35,000), and the renewal fee for a license under this subsection is one |
|---|
| 166 | 166 | | 35 thousand three hundred fifty dollars ($1,350). Before the district |
|---|
| 167 | 167 | | 36 expires, a permit issued under this subsection may not be transferred. |
|---|
| 168 | 168 | | 37 After the district expires, a permit issued under this subsection may be |
|---|
| 169 | 169 | | 38 renewed, and the ownership of the permit may be transferred, but the |
|---|
| 170 | 170 | | 39 permit may not be transferred from the permit premises. |
|---|
| 171 | 171 | | 40 (i) After June 30, 2006, and except as provided in section 16.3 of |
|---|
| 172 | 172 | | 41 this chapter, the commission may issue not more than five (5) new |
|---|
| 173 | 173 | | 42 three-way, two-way, or one-way permits to sell alcoholic beverages for |
|---|
| 174 | 174 | | 2023 IN 1419—LS 6647/DI 87 5 |
|---|
| 175 | 175 | | 1 on-premises consumption to applicants, each of whom must be the |
|---|
| 176 | 176 | | 2 proprietor, as owner or lessee, or both, of a restaurant located within a |
|---|
| 177 | 177 | | 3 district, or not more than five hundred (500) feet from a district, that |
|---|
| 178 | 178 | | 4 meets all of the following requirements: |
|---|
| 179 | 179 | | 5 (1) The district is within an economic development area, an area |
|---|
| 180 | 180 | | 6 needing redevelopment, or a redevelopment district as established |
|---|
| 181 | 181 | | 7 under IC 36-7-14. |
|---|
| 182 | 182 | | 8 (2) A unit of the National Park Service is partially located within |
|---|
| 183 | 183 | | 9 the district. |
|---|
| 184 | 184 | | 10 (3) An international deep water seaport is located within the |
|---|
| 185 | 185 | | 11 district. |
|---|
| 186 | 186 | | 12 An applicant is not eligible for a permit under this subsection if, less |
|---|
| 187 | 187 | | 13 than two (2) years before the date of the application, the applicant sold |
|---|
| 188 | 188 | | 14 a retailers' permit that was subject to IC 7.1-3-22 and that was for |
|---|
| 189 | 189 | | 15 premises located within the district described in this subsection or |
|---|
| 190 | 190 | | 16 within five hundred (500) feet of the district. A permit issued under this |
|---|
| 191 | 191 | | 17 subsection may not be transferred. If the commission issues five (5) |
|---|
| 192 | 192 | | 18 new permits under this subsection, and a permit issued under this |
|---|
| 193 | 193 | | 19 subsection is later revoked or is not renewed, the commission may |
|---|
| 194 | 194 | | 20 issue another new permit, as long as the total number of active permits |
|---|
| 195 | 195 | | 21 issued under this subsection does not exceed five (5) at any time. The |
|---|
| 196 | 196 | | 22 commission shall conduct an auction of the permits under |
|---|
| 197 | 197 | | 23 IC 7.1-3-22-9, except that the auction may be conducted at any time as |
|---|
| 198 | 198 | | 24 determined by the commission. |
|---|
| 199 | 199 | | 25 (j) Subject to section 16.2 of this chapter and except as provided in |
|---|
| 200 | 200 | | 26 section 16.3 of this chapter, the commission may issue not more than |
|---|
| 201 | 201 | | 27 six (6) new three-way, two-way, or one-way permits to sell alcoholic |
|---|
| 202 | 202 | | 28 beverages for on-premises consumption only to an applicant who is the |
|---|
| 203 | 203 | | 29 proprietor, as owner or lessee, or both, of a restaurant on land within a |
|---|
| 204 | 204 | | 30 municipal lakefront development project. A permit issued under this |
|---|
| 205 | 205 | | 31 subsection may not be transferred. If the commission issues six (6) new |
|---|
| 206 | 206 | | 32 permits under this subsection, and a permit issued under this subsection |
|---|
| 207 | 207 | | 33 is later revoked or is not renewed, the commission may issue another |
|---|
| 208 | 208 | | 34 new permit, as long as the total number of active permits issued under |
|---|
| 209 | 209 | | 35 this subsection does not exceed six (6) at any time. The commission |
|---|
| 210 | 210 | | 36 shall conduct an auction of the permits under IC 7.1-3-22-9, except that |
|---|
| 211 | 211 | | 37 the auction may be conducted at any time as determined by the |
|---|
| 212 | 212 | | 38 commission. Notwithstanding any other law, the minimum bid for an |
|---|
| 213 | 213 | | 39 initial permit under this subsection is ten thousand dollars ($10,000). |
|---|
| 214 | 214 | | 40 (k) Except as provided in section 16.3 of this chapter, the |
|---|
| 215 | 215 | | 41 commission may issue not more than nine (9) new three-way permits |
|---|
| 216 | 216 | | 42 to sell alcoholic beverages for on-premises consumption to applicants, |
|---|
| 217 | 217 | | 2023 IN 1419—LS 6647/DI 87 6 |
|---|
| 218 | 218 | | 1 each of whom must be a proprietor, as owner or lessee, or both, of a |
|---|
| 219 | 219 | | 2 restaurant located: |
|---|
| 220 | 220 | | 3 (1) within a motorsports investment district (as defined in |
|---|
| 221 | 221 | | 4 IC 5-1-17.5-11); or |
|---|
| 222 | 222 | | 5 (2) not more than one thousand five hundred (1,500) feet from a |
|---|
| 223 | 223 | | 6 motorsports investment district. |
|---|
| 224 | 224 | | 7 The ownership of a permit issued under this subsection and the location |
|---|
| 225 | 225 | | 8 for which the permit was issued shall not be transferred. If the |
|---|
| 226 | 226 | | 9 commission issues nine (9) new permits under this subsection, and a |
|---|
| 227 | 227 | | 10 permit issued under this subsection is later revoked or is not renewed, |
|---|
| 228 | 228 | | 11 the commission may issue another new permit, as long as the total |
|---|
| 229 | 229 | | 12 number of active permits issued under this subsection does not exceed |
|---|
| 230 | 230 | | 13 nine (9) at any time. A permit holder and any lessee or proprietor of the |
|---|
| 231 | 231 | | 14 permit premises are subject to the formal written commitment required |
|---|
| 232 | 232 | | 15 under IC 7.1-3-19-17. Notwithstanding IC 7.1-3-1-3.5 and IC 7.1-3-1.1, |
|---|
| 233 | 233 | | 16 if business operations cease at the permit premises for more than six |
|---|
| 234 | 234 | | 17 (6) months, the permit shall revert to the commission. The permit |
|---|
| 235 | 235 | | 18 holder is not entitled to any refund or other compensation. |
|---|
| 236 | 236 | | 19 (l) Except as provided in section 16.3 of this chapter, the |
|---|
| 237 | 237 | | 20 commission may issue not more than two (2) new three-way permits to |
|---|
| 238 | 238 | | 21 sell alcoholic beverages for on-premises consumption for premises |
|---|
| 239 | 239 | | 22 located within a qualified motorsports facility (as defined in |
|---|
| 240 | 240 | | 23 IC 5-1-17.5-14). The ownership of a permit issued under this |
|---|
| 241 | 241 | | 24 subsection and the location for which the permit was issued shall not |
|---|
| 242 | 242 | | 25 be transferred. If the commission issues two (2) new permits under this |
|---|
| 243 | 243 | | 26 subsection, and a permit issued under this subsection is later revoked |
|---|
| 244 | 244 | | 27 or is not renewed, the commission may issue another new permit, as |
|---|
| 245 | 245 | | 28 long as the total number of active permits issued under this subsection |
|---|
| 246 | 246 | | 29 does not exceed two (2) at any time. A permit holder and any lessee or |
|---|
| 247 | 247 | | 30 proprietor of the permit premises are subject to the formal written |
|---|
| 248 | 248 | | 31 commitment required under IC 7.1-3-19-17. Notwithstanding |
|---|
| 249 | 249 | | 32 IC 7.1-3-1-3.5 and IC 7.1-3-1.1, if business operations cease at the |
|---|
| 250 | 250 | | 33 permit premises for more than six (6) months, the permit shall revert |
|---|
| 251 | 251 | | 34 to the commission. The permit holder is not entitled to any refund or |
|---|
| 252 | 252 | | 35 other compensation. |
|---|
| 253 | 253 | | 2023 IN 1419—LS 6647/DI 87 |
|---|