IN
Indiana House Bill HB1025

Indiana 2024 Regular Session

Indiana House Bill HB1025 Compare Versions

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1+*EH1025.1*
2+February 16, 2024
3+ENGROSSED
4+HOUSE BILL No. 1025
5+_____
6+DIGEST OF HB 1025 (Updated February 14, 2024 1:30 pm - DI 140)
7+Citations Affected: IC 7.1-1; IC 7.1-3.
8+Synopsis: Mixed beverages. Adds a definition of "mixed beverage".
9+Allows the holder of a wine wholesaler's permit to take certain actions
10+concerning mixed beverages and flavored malt beverages.
11+Effective: July 1, 2024.
12+Manning, Jeter, Steuerwald, Soliday
13+(SENATE SPONSORS — WALKER K, ALTING, MESSMER, BUSCH,
14+NIEZGODSKI, CHARBONNEAU, NIEMEYER, DERNULC, GOODE,
15+BECKER, GARTEN, VINZANT, POL JR., ZAY)
16+January 8, 2024, read first time and referred to Committee on Public Policy.
17+January 9, 2024, reported — Do Pass.
18+January 11, 2024, read second time, ordered engrossed.
19+January 12, 2024, engrossed.
20+January 16, 2024, read third time, passed. Yeas 74, nays 20.
21+SENATE ACTION
22+January 25, 2024, read first time and referred to Committee on Public Policy.
23+February 15, 2024, reported favorably — Do Pass.
24+EH 1025—LS 6015/DI 137 February 16, 2024
125 Second Regular Session of the 123rd General Assembly (2024)
226 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
327 Constitution) is being amended, the text of the existing provision will appear in this style type,
428 additions will appear in this style type, and deletions will appear in this style type.
529 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
630 provision adopted), the text of the new provision will appear in this style type. Also, the
731 word NEW will appear in that style type in the introductory clause of each SECTION that adds
832 a new provision to the Indiana Code or the Indiana Constitution.
933 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
1034 between statutes enacted by the 2023 Regular Session of the General Assembly.
11-HOUSE ENROLLED ACT No. 1025
12-AN ACT to amend the Indiana Code concerning alcohol and
13-tobacco.
35+ENGROSSED
36+HOUSE BILL No. 1025
37+A BILL FOR AN ACT to amend the Indiana Code concerning
38+alcohol and tobacco.
1439 Be it enacted by the General Assembly of the State of Indiana:
15-SECTION 1. IC 7.1-1-3-26.2 IS ADDED TO THE INDIANA
16-CODE AS A NEW SECTION TO READ AS FOLLOWS
17-[EFFECTIVE JULY 1, 2024]: Sec. 26.2. "Mixed beverage" means a
18-prepared cordial, cocktail, or highball that is in a can or container
19-that holds not more than twenty-four (24) ounces of the beverage
20-and is a mixture of:
21-(1) whiskey, neutral spirits, brandy, gin, or another distilled
22-spirit; and
23-(2) carbonated or plain water, pure juice from a flower or
24-plant, or other flavoring materials;
25-that is suitable for immediate consumption and contains not less
26-than five-tenths percent (0.5%) of alcohol by volume and not more
27-than fifteen percent (15%) of alcohol by volume.
28-SECTION 2. IC 7.1-3-13-3, AS AMENDED BY P.L.153-2015,
29-SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
30-JULY 1, 2024]: Sec. 3. (a) The holder of a wine wholesaler's permit
31-may purchase, import, and transport wine, brandy, mixed beverages,
32-or flavored malt beverage from the primary source of supply. A wine
33-wholesaler may export and transport wine, brandy, or flavored malt
34-beverage by the bottle, barrel, cask, or other container, to points outside
35-Indiana. A wine wholesaler is entitled to sell, furnish, and deliver wine
36-HEA 1025 2
37-or flavored malt beverage from inventory that has been located on the
38-wholesaler's premises before the time of invoicing and delivery to a
39-wine wholesaler, a wine retailer, a supplemental caterer, a temporary
40-wine permittee, and a wine dealer, but not at retail. A wine wholesaler
41-may sell, furnish, and deliver brandy or mixed beverages from
42-inventory that has been located on the wholesaler's premises before the
43-time of invoicing and delivery, but not at retail, only to a person who
44-holds a liquor retailer's permit, a supplemental caterer's permit, or a
45-liquor dealer's permit. A holder of a wine wholesaler's permit may sell
46-wine, mixed beverages, or flavored malt beverages to the wine
47-wholesaler's bona fide regular employees. A wine wholesaler may sell,
48-donate, and deliver wine, mixed beverages, or flavored malt beverage
49-from inventory that has been located on the wholesaler's premises
50-before the time of invoicing and delivery to a qualified organization
51-that is conducting an allowable event to which IC 7.1-3-6.1 applies or
52-a charity auction to which IC 7.1-3-6.2 applies.
53-(b) As used in this section, "brandy" means:
54-(1) any alcoholic distillate described in 27 CFR 5.22(d) as in
55-effect on January 1, 1983; or
56-(2) a beverage product that:
57-(A) is prepared from a liquid described in subdivision (1);
58-(B) is classified as a cordial or liqueur as defined in 27 CFR
59-5.22(h) as in effect on January 1, 1997; and
60-(C) meets the following requirements:
61-(i) At least sixty-six and two-thirds percent (66 2/3%) of the
62-product's alcohol content is composed of a substance
63-described in subdivision (1).
64-(ii) The product's label makes no reference to any distilled
65-spirit other than brandy.
66-(iii) The product's alcohol content is not less than sixteen
67-percent (16%) by volume or thirty-two (32) degrees proof.
68-(iv) The product contains dairy cream.
69-(v) The product's sugar, dextrose, or levulose content is at
70-least twenty percent (20%) of the product's weight.
71-(vi) The product contains caramel coloring.
72-(c) Nothing in this section allows a wine wholesaler to sell, give,
73-purchase, transport, or export beer (as defined in IC 7.1-1-3-6) unless
74-the wine wholesaler also holds a beer wholesaler's permit under
75-IC 7.1-3-3-1.
76-(d) A wine wholesaler that also holds a liquor wholesaler's permit
77-under IC 7.1-3-8 may not:
78-(1) hold a beer wholesaler's permit under IC 7.1-3-3;
79-HEA 1025 3
80-(2) possess, sell, or transport beer; or
81-(3) sell more than one million (1,000,000) gallons of flavored
82-malt beverage during a calendar year.
83-(d) The holder of a wine wholesaler's permit may possess,
84-transport, sell, and deliver mixed beverages only to a person who
85-holds one (1) of the following:
86-(1) A liquor retailer's permit under IC 7.1-3-9.
87-(2) A supplemental caterer's permit under IC 7.1-3-9.5.
88-(3) A liquor dealer's permit under IC 7.1-3-10.
89-(4) A liquor wholesaler's permit under IC 7.1-3-8.
90-(5) A wine wholesaler's permit issued under this chapter.
91-HEA 1025 Speaker of the House of Representatives
92-President of the Senate
93-President Pro Tempore
94-Governor of the State of Indiana
95-Date: Time:
96-HEA 1025
40+1 SECTION 1. IC 7.1-1-3-26.2 IS ADDED TO THE INDIANA
41+2 CODE AS A NEW SECTION TO READ AS FOLLOWS
42+3 [EFFECTIVE JULY 1, 2024]: Sec. 26.2. "Mixed beverage" means a
43+4 prepared cordial, cocktail, or highball that is in a can or container
44+5 that holds not more than twenty-four (24) ounces of the beverage
45+6 and is a mixture of:
46+7 (1) whiskey, neutral spirits, brandy, gin, or another distilled
47+8 spirit; and
48+9 (2) carbonated or plain water, pure juice from a flower or
49+10 plant, or other flavoring materials;
50+11 that is suitable for immediate consumption and contains not less
51+12 than five-tenths percent (0.5%) of alcohol by volume and not more
52+13 than fifteen percent (15%) of alcohol by volume.
53+14 SECTION 2. IC 7.1-3-13-3, AS AMENDED BY P.L.153-2015,
54+15 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
55+16 JULY 1, 2024]: Sec. 3. (a) The holder of a wine wholesaler's permit
56+17 may purchase, import, and transport wine, brandy, mixed beverages,
57+EH 1025—LS 6015/DI 137 2
58+1 or flavored malt beverage from the primary source of supply. A wine
59+2 wholesaler may export and transport wine, brandy, or flavored malt
60+3 beverage by the bottle, barrel, cask, or other container, to points outside
61+4 Indiana. A wine wholesaler is entitled to sell, furnish, and deliver wine
62+5 or flavored malt beverage from inventory that has been located on the
63+6 wholesaler's premises before the time of invoicing and delivery to a
64+7 wine wholesaler, a wine retailer, a supplemental caterer, a temporary
65+8 wine permittee, and a wine dealer, but not at retail. A wine wholesaler
66+9 may sell, furnish, and deliver brandy or mixed beverages from
67+10 inventory that has been located on the wholesaler's premises before the
68+11 time of invoicing and delivery, but not at retail, only to a person who
69+12 holds a liquor retailer's permit, a supplemental caterer's permit, or a
70+13 liquor dealer's permit. A holder of a wine wholesaler's permit may sell
71+14 wine, mixed beverages, or flavored malt beverages to the wine
72+15 wholesaler's bona fide regular employees. A wine wholesaler may sell,
73+16 donate, and deliver wine, mixed beverages, or flavored malt beverage
74+17 from inventory that has been located on the wholesaler's premises
75+18 before the time of invoicing and delivery to a qualified organization
76+19 that is conducting an allowable event to which IC 7.1-3-6.1 applies or
77+20 a charity auction to which IC 7.1-3-6.2 applies.
78+21 (b) As used in this section, "brandy" means:
79+22 (1) any alcoholic distillate described in 27 CFR 5.22(d) as in
80+23 effect on January 1, 1983; or
81+24 (2) a beverage product that:
82+25 (A) is prepared from a liquid described in subdivision (1);
83+26 (B) is classified as a cordial or liqueur as defined in 27 CFR
84+27 5.22(h) as in effect on January 1, 1997; and
85+28 (C) meets the following requirements:
86+29 (i) At least sixty-six and two-thirds percent (66 2/3%) of the
87+30 product's alcohol content is composed of a substance
88+31 described in subdivision (1).
89+32 (ii) The product's label makes no reference to any distilled
90+33 spirit other than brandy.
91+34 (iii) The product's alcohol content is not less than sixteen
92+35 percent (16%) by volume or thirty-two (32) degrees proof.
93+36 (iv) The product contains dairy cream.
94+37 (v) The product's sugar, dextrose, or levulose content is at
95+38 least twenty percent (20%) of the product's weight.
96+39 (vi) The product contains caramel coloring.
97+40 (c) Nothing in this section allows a wine wholesaler to sell, give,
98+41 purchase, transport, or export beer (as defined in IC 7.1-1-3-6) unless
99+42 the wine wholesaler also holds a beer wholesaler's permit under
100+EH 1025—LS 6015/DI 137 3
101+1 IC 7.1-3-3-1.
102+2 (d) A wine wholesaler that also holds a liquor wholesaler's permit
103+3 under IC 7.1-3-8 may not:
104+4 (1) hold a beer wholesaler's permit under IC 7.1-3-3;
105+5 (2) possess, sell, or transport beer; or
106+6 (3) sell more than one million (1,000,000) gallons of flavored
107+7 malt beverage during a calendar year.
108+8 (d) The holder of a wine wholesaler's permit may possess,
109+9 transport, sell, and deliver mixed beverages only to a person who
110+10 holds one (1) of the following:
111+11 (1) A liquor retailer's permit under IC 7.1-3-9.
112+12 (2) A supplemental caterer's permit under IC 7.1-3-9.5.
113+13 (3) A liquor dealer's permit under IC 7.1-3-10.
114+14 (4) A liquor wholesaler's permit under IC 7.1-3-8.
115+15 (5) A wine wholesaler's permit issued under this chapter.
116+EH 1025—LS 6015/DI 137 4
117+COMMITTEE REPORT
118+Mr. Speaker: Your Committee on Public Policy, to which was
119+referred House Bill 1025, has had the same under consideration and
120+begs leave to report the same back to the House with the
121+recommendation that said bill do pass.
122+(Reference is to HB 1025 as introduced.)
123+MANNING
124+Committee Vote: Yeas 8, Nays 3
125+_____
126+COMMITTEE REPORT
127+Madam President: The Senate Committee on Public Policy, to which
128+was referred House Bill No. 1025, has had the same under
129+consideration and begs leave to report the same back to the Senate with
130+the recommendation that said bill DO PASS.
131+ (Reference is to HB 1025 as printed January 9, 2024.)
132+
133+ALTING, Chairperson
134+Committee Vote: Yeas 9, Nays 0
135+EH 1025—LS 6015/DI 137