LEGISLATIVE SERVICES AGENCY OFFICE OF FISCAL AND MANAGEMENT ANALYSIS 200 W. Washington St., Suite 301 Indianapolis, IN 46204 (317) 233-0696 iga.in.gov FISCAL IMPACT STATEMENT LS 6558 NOTE PREPARED: Jan 25, 2024 BILL NUMBER: HB 1197 BILL AMENDED: Jan 23, 2024 SUBJECT: Alcohol and Tobacco Commission. FIRST AUTHOR: Rep. Manning BILL STATUS: 2 nd Reading - 1 st House FIRST SPONSOR: FUNDS AFFECTED:XGENERAL IMPACT: State & Local XDEDICATED FEDERAL Summary of Legislation: This bill allows the Alcohol and Tobacco Commission (commission) to provide notices electronically. The bill allows the commission to issue 10 new three-way permits to the city of Noblesville, allowing the issuance of: (1) three new three-way permits in 2024; (2) three new three-way permits in 2025; and (3) four new three-way permits in 2026; with any permits not issued in a year allowed to be issued in a subsequent year. The bill repeals provisions related to beer gardens and patio alcohol service for certain premises. It repeals a provision concerning residency requirements for beer wholesalers. It removes the requirement that a property tax clearance form provided to the Alcohol and Tobacco Commission include an embossed seal from the county treasurer. It also replaces references to the federal Bureau of Alcohol, Tobacco, and Explosives with the federal Alcohol and Tobacco Tax and Trade Bureau or its successor agency. The bill exempts a food hall that: (1) contains not less than 10 distinct nonaffiliated food and beverage vendors; and (2) is located within a mixed use development or redevelopment project with a total investment of at least $100 M; from certain requirements that apply to the issuance of a food hall master permit. The bill includes a craft manufacturer in the definition of a host permittee for purposes of a temporary craft manufacturer hospitality permit. It modifies the definition of "designated permittee" in relation to a designated refreshment area. Effective Date: July 1, 2024. HB 1197 1 Explanation of State Expenditures: Alcohol and Tobacco Commission (ATC): The ATC will see a decrease in administrative costs to switch to electronic notices for its administration processes. In addition, the ATC will administer the provisions in the bill and issue additional permits, which is expected to be accomplished within current resources and funding levels. Explanation of State Revenues: Food Hall Permits: The bill will increase revenue from food hall permits due to exempting a food hall from certain requirements for the issuance of a master food hall permit. The initial fee for a food hall master permit is $50,000, and the annual renewal fee is $5,000. The initial fee for a food hall vendor’s permit is $2,500 if the space is less than 1,000 square feet or $5,000 if the space is less 2,000 square feet. Annual renewal fees for food hall vendor’s permits are $1,000. Revenue from the food hall permits is deposited into the Enforcement and Administration Fund. Alcoholic Beverage Permits: The bill will increase revenue from ten additional three-way permits issued to the city of Noblesville. The initial cost for the permit fee is $40,000. The annual permit fee for a three-way permit is $1,000. Revenue is distributed to the General Fund (37%); the city, town, or county in which the licensed premises are located (33%); and the Enforcement and Administration Fund (30%). Temporary Craft Manufacture Hospitality Permit: The bill allows a craft manufacturer to host a temporary event for craft manufacturers. Revenue will increase from additional temporary craft manufacturer hospitality permit fees to the extent a craft manufacturer hosts a temporary event. The fee for a temporary craft manufacturer hospitality permit is $50 multiplied by the total number of days each craft manufacturer is expected to participate in the temporary event. Revenue is deposited into the Enforcement and Administration Fund. Explanation of Local Expenditures: The municipality may see a minor increase in workload to adopt an ordinance requiring a permit holder to enter into a formal written commitment as a condition of eligibility for a permit. Explanation of Local Revenues: Alcoholic Beverage Permits: To the extent that revenue from permit fees increases, the amounts distributed to local governments would increase. State Agencies Affected: Alcohol and Tobacco Commission. Local Agencies Affected: City of Noblesville. Information Sources: Legislative Services Agency. Indiana Handbook of Taxes, Revenues, and Appropriations, FY 2023. Fiscal Analyst: Nate Bodnar, 317-234-9476. HB 1197 2