IN
Indiana House Bill HB1197

Indiana 2024 Regular Session

Indiana House Bill HB1197 Compare Versions

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1+*EH1197.2*
2+Reprinted
3+February 27, 2024
4+ENGROSSED
5+HOUSE BILL No. 1197
6+_____
7+DIGEST OF HB 1197 (Updated February 26, 2024 2:50 pm - DI 137)
8+Citations Affected: IC 7.1-2; IC 7.1-3; IC 7.1-5.
9+Synopsis: Alcohol and tobacco commission. Allows the alcohol and
10+tobacco commission (commission) to provide notices electronically.
11+Allows the commission to issue 10 new three-way permits to the city
12+of Noblesville, allowing the issuance of: (1) three new three-way
13+permits in 2024; (2) three new three-way permits in 2025; and (3) four
14+new three-way permits in 2026; with any permits not issued in a year
15+allowed to be issued in a subsequent year. Allows the commission to
16+(Continued next page)
17+Effective: July 1, 2024.
18+Manning, Mayfield, Summers
19+(SENATE SPONSORS — ALTING, WALKER K, BALDWIN, MESSMER,
20+NIEZGODSKI)
21+January 9, 2024, read first time and referred to Committee on Public Policy.
22+January 23, 2024, amended, reported — Do Pass.
23+January 25, 2024, read second time, ordered engrossed. Engrossed.
24+January 29, 2024, read third time, passed. Yeas 93, nays 4.
25+SENATE ACTION
26+February 5, 2024, read first time and referred to Committee on Public Policy.
27+February 15, 2024, amended, reported favorably — Do Pass.
28+February 26, 2024, read second time, amended, ordered engrossed.
29+EH 1197—LS 6558/DI 137 Digest Continued
30+issue two new three-way permits to the city of Delphi. Amends certain
31+provisions regarding the sale of alcoholic beverages from a bar of a
32+restaurant for on-premises consumption. Allows a designated smoking
33+area on the outside patio or terrace of a hotel if: (1) the designated
34+smoking area is delineated from the rest of the outside patio or terrace
35+by a barrier that is at least 18 inches in height; (2) the designated
36+smoking area is located at least 20 feet from any entrance to the hotel;
37+and (3) individuals less than 21 years of age are not allowed in the
38+designated smoking area. Repeals provisions related to beer gardens
39+and patio alcohol service for certain premises. Exempts a food hall that:
40+(1) contains not less than 10 distinct nonaffiliated food and beverage
41+vendors; and (2) is located within a mixed use development or
42+redevelopment project with a total investment of at least $100,000,000;
43+from certain requirements that apply to the issuance of a food hall
44+master permit. Repeals a provision concerning residency requirements
45+for beer wholesalers. Removes the requirement that a property tax
46+clearance form provided to the alcohol and tobacco commission
47+include an embossed seal from the county treasurer. Includes a craft
48+manufacturer in the definition of a host permittee for purposes of a
49+temporary craft manufacturer hospitality permit. Modifies the
50+definition of "designated permittee" in relation to a designated
51+refreshment area. Replaces references to the federal bureau of alcohol,
52+tobacco, and explosives with the federal Alcohol and Tobacco Tax and
53+Trade Bureau or its successor agency.
54+EH 1197—LS 6558/DI 137EH 1197—LS 6558/DI 137 Reprinted
55+February 27, 2024
156 Second Regular Session of the 123rd General Assembly (2024)
257 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
358 Constitution) is being amended, the text of the existing provision will appear in this style type,
459 additions will appear in this style type, and deletions will appear in this style type.
560 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
661 provision adopted), the text of the new provision will appear in this style type. Also, the
762 word NEW will appear in that style type in the introductory clause of each SECTION that adds
863 a new provision to the Indiana Code or the Indiana Constitution.
964 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
1065 between statutes enacted by the 2023 Regular Session of the General Assembly.
11-HOUSE ENROLLED ACT No. 1197
12-AN ACT to amend the Indiana Code concerning alcohol and
13-tobacco.
66+ENGROSSED
67+HOUSE BILL No. 1197
68+A BILL FOR AN ACT to amend the Indiana Code concerning
69+alcohol and tobacco.
1470 Be it enacted by the General Assembly of the State of Indiana:
15-SECTION 1. IC 7.1-2-4-10 IS AMENDED TO READ AS
16-FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 10. The county
17-executive and fiscal body and the city or town executive, as the case
18-may be, shall make their appointments to the local board within fifteen
19-(15) days after being notified by the commission by registered mail or
20-electronic communication to do so. The commission may extend this
21-time limit by an additional fifteen (15) days.
22-SECTION 2. IC 7.1-3-1-4 IS AMENDED TO READ AS
23-FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 4. The commission
24-shall issue a permit authorized by this title only upon proper
25-application. The application shall be in writing, and verified, upon
26-forms the form and manner prescribed and furnished by the
27-commission. The application shall contain the terms and information
28-required by this title or by the rules and regulations of the commission.
29-The appropriate surety bond, if one is required, also shall be submitted
30-with the application.
31-SECTION 3. IC 7.1-3-1-5.3 IS AMENDED TO READ AS
32-FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 5.3. (a) This section
33-applies to an application for a new permit, renewal of a permit, or
34-transfer of a permit authorized by this article for a location in a:
35-(1) second or third class city; or
36-HEA 1197 — Concur 2
37-(2) county other than a county containing a consolidated city.
38-(b) As used in this section, "plan commission" has the meaning set
39-forth in IC 36-7-1-14.
40-(c) A director of a plan commission may request the commission to
41-notify the plan commission that the commission has received an
42-application for a permit for a location within the territory where the
43-plan commission has jurisdiction.
44-(d) If the commission receives a request under subsection (c), the
45-commission shall provide to the appropriate plan commission a copy
46-of the notice that the commission submits for publication to meet the
47-requirements of section 5 of this chapter. The commission shall send
48-by mail or electronically the copy to the plan commission no later than
49-the day that the commission submits the notice for publication.
50-SECTION 4. IC 7.1-3-1-25, AS AMENDED BY P.L.285-2019,
51-SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
52-JULY 1, 2024]: Sec. 25. (a) A county, city, town, or township that by
53-itself or in combination with any other body of a county, city, town, or
54-township acquires by ownership or by lease any stadium, exhibition
55-hall, auditorium, theater, convention center, or civic center, or park or
56-public recreation area with a permanent event or entertainment
57-space may permit the retail sale of alcoholic beverages upon the
58-premises if the governing board of the facility first applies for and
59-secures the necessary permits as required by this title.
60-(b) A county or township may be issued a permit for the retail sale
61-of alcoholic beverages on the premises of any community center,
62-including a clubhouse, pavilion, or social center that is located within
63-a public park or operated by the township.
64-(c) A county, city, town, or township that owns a golf course may
65-permit the retail sale of alcoholic beverages upon the premises of the
66-golf course if the governing board of the golf course first applies for
67-and secures the necessary permits required by this title.
68-(d) A county, city, town, or township that owns a marina may be
69-issued a permit for the retail sale of alcoholic beverages on the
70-premises of the marina. The permit may include the carryout sale of
71-alcoholic beverages in accordance with IC 7.1-3-4-6(c),
72-IC 7.1-3-9-9(c), IC 7.1-3-14-4(c), and 905 IAC 1-29 but may not
73-include at-home delivery of alcoholic beverages. However, the county,
74-city, town, or township must apply for and secure the necessary permits
75-that this title requires.
76-(e) Notwithstanding subsection (a), the commission may issue a
77-civic center permit to a person that:
78-(1) by the person's self or in combination with another person is
79-HEA 1197 — Concur 3
80-the proprietor, as owner or lessee, of an entertainment complex;
81-or
82-(2) has an agreement with a person described in subdivision (1)
83-to act as a concessionaire for the entertainment complex for the
84-full period for which the permit is to be issued.
85-SECTION 5. IC 7.1-3-3-7 IS AMENDED TO READ AS
86-FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 7. Action of
87-Commission on Renewals. The commission shall notify the applicant
88-in writing of its determination to grant or deny the renewal of a beer
89-wholesaler's permit not more than ten (10) days after the filing of the
90-application. The notice may be given by personal service upon the
91-applicant, or by registered mail, addressed to applicant at the address
92-shown in the application for renewal, or by electronic
93-communication. The registration and deposit of the notice, properly
94-addressed, in the post office within the ten (10) day period shall be
95-sufficient when the notice is given by registered mail.
96-SECTION 6. IC 7.1-3-3-11 IS AMENDED TO READ AS
97-FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 11. Findings and
98-Conclusions: Action of Commission. The person who conducted the
99-hearing shall make a report of the recommended findings of fact and
100-conclusions to the commission following the hearing. The commission,
101-upon receipt of the report, by a majority vote of its membership, shall
102-make findings of fact and state its conclusions affirming or reversing
103-the proposed denial of renewal. The commission shall enter its order
104-accordingly and that order shall be final and conclusive except as
105-otherwise provided in this title. The commission shall serve the
106-applicant, personally, or by registered mail, or electronically with a
107-copy of the findings of fact, conclusions, and order.
108-SECTION 7. IC 7.1-3-9.5-2, AS AMENDED BY P.L.196-2015,
109-SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
110-JULY 1, 2024]: Sec. 2. (a) The holder of a supplemental caterer's
111-permit shall notify the commission in writing not later than forty-eight
112-(48) hours in advance of each function that the permittee intends to
113-cater with alcoholic beverages. The commission may waive the
114-forty-eight (48) hour notice period required under this subsection, if
115-authorized by the chairman or the chairman's designee, but may not
116-waive the requirement for filing notice.
117-(b) The notice shall include the following:
118-(1) The date, time, and location of the function to be catered.
119-(2) If the function is open to the public, located in a county having
120-a population of less than one hundred fifty thousand (150,000),
121-and located in a different county from the county where the
122-HEA 1197 — Concur 4
123-permittee holds the three-way permit required under section 1 of
124-this chapter, the signature of the following official on a document
125-stating the official's approval of the catering of alcoholic
126-beverages at the proposed date, time, and location:
127-(A) The president of the town council, if the location is in a
128-town.
129-(B) The mayor, if the location is in a city.
130-(C) The president of the board of county commissioners, if the
131-location is in unincorporated territory.
132-(c) If a permittee complies with all notice requirements of
133-subsection (b), the commission in its absolute discretion has the
134-authority, any other provision of this title to the contrary
135-notwithstanding, to approve the proposed date and location of the
136-function to be catered.
137-(d) The commission need not notify the permittee if the commission
138-approved the proposed date and location, and the permittee may
139-proceed as stated in the permittee's notice to the commission. The
140-commission shall notify the permittee by certified United States mail
141-or electronic mail, in advance of the function, if the commission does
142-not approve the proposed date or location.
143-(e) A permittee whose proposed date or location has been
144-disapproved by the commission still may cater the function on that date
145-and at that location, but the permittee may not cater alcoholic
146-beverages at that function on that date and at that location.
147-SECTION 8. IC 7.1-3-18-9.5, AS ADDED BY P.L.196-2015,
148-SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
149-JULY 1, 2024]: Sec. 9.5. (a) This section applies only to an employee
150-who:
151-(1) holds an employee's permit issued under section 9 of this
152-chapter;
153-(2) is convicted of operating while intoxicated;
154-(3) does not have a prior conviction for operating while
155-intoxicated; and
156-(4) was at least twenty-one (21) years of age at the time the
157-employee committed the offense of operating while intoxicated
158-for which the employee was convicted.
159-(b) The commission shall send to the most recent mailing address
160-that the commission has on file, or by electronic communication, a
161-written notice to an employee that the employee's permit will be
162-revoked six (6) months after the date of sentencing for the conviction
163-of operating while intoxicated unless the employee submits to the
164-commission, on a form prescribed by the commission, information
165-HEA 1197 — Concur 5
166-verifying that the employee has completed an appropriate substance
167-abuse treatment or education program that was provided by a provider
168-certified by the division of mental health and addiction.
169-(c) If an employee fails to submit the information as required under
170-subsection (b) within six (6) months from the date of the sentencing,
171-the commission shall revoke the employee's permit.
172-SECTION 9. IC 7.1-3-20-16.8, AS AMENDED BY P.L.220-2023,
173-SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
174-JULY 1, 2024]: Sec. 16.8. (a) A permit that is authorized by this
175-section may be issued without regard to the quota provisions of
176-IC 7.1-3-22.
177-(b) Except as provided in section 16.3 of this chapter, the
178-commission may issue not more than four (4) new three-way permits
179-to sell alcoholic beverages for on-premises consumption to applicants
180-in each of the following municipalities:
181-(1) Whitestown.
182-(2) Lebanon.
183-(3) Zionsville.
184-(4) Westfield.
185-(5) Carmel.
186-(6) Fishers.
187-(7) Noblesville.
188-(c) The following apply to permits issued under subsection (b):
189-(1) An applicant for a permit under subsection (b) must be a
190-proprietor, as owner or lessee, or both, of a restaurant located
191-within an economic development area, an area needing
192-redevelopment, or a redevelopment district as established under
193-IC 36-7-14 in a municipality's:
194-(A) downtown redevelopment district; or
195-(B) downtown economic revitalization area.
196-(2) The cost of an initial permit is forty thousand dollars
197-($40,000).
198-(3) The total number of active permits issued under subsection (b)
199-may not exceed twenty-four (24) permits at any time. If any of the
200-permits issued under subsection (b) are revoked or not renewed,
201-the commission may issue only enough new permits to bring the
202-total number of permits to twenty-four (24) active permits, with
203-not more than four (4) in each municipality listed in subsection
204-(b)(1) through (b)(6).
205-(4) The municipality may adopt an ordinance under
206-IC 7.1-3-19-17 requiring a permit holder to enter into a formal
207-written commitment as a condition of eligibility for a permit. As
208-HEA 1197 — Concur 6
209-set forth in IC 7.1-3-19-17(b), a formal written commitment is
210-binding on the permit holder and on any lessee or proprietor of
211-the permit premises.
212-(5) Notwithstanding IC 7.1-3-1-3.5 and IC 7.1-3-1.1, if business
213-operations cease at the permit premises for more than six (6)
214-months, the permit shall revert to the commission and the permit
215-holder is not entitled to any refund or other compensation.
216-(6) Except as provided in subdivision (8), the ownership of a
217-permit may not be transferred.
218-(7) A permit may not be transferred from the premises for which
219-the permit was issued.
220-(8) If the area in which the permit premises is located is no longer
221-designated an economic development area, an area needing
222-redevelopment, or a redevelopment district, a permit issued under
223-this section may be renewed, and the ownership of the permit may
224-be transferred, but the permit may not be transferred from the
225-permit premises.
226-(d) Except as provided in section 16.3 of this chapter, in addition to
227-the permits issued to the town of Whitestown under subsection (c), the
228-commission may issue to the town of Whitestown not more than:
229-(1) three (3) new three-way permits; and
230-(2) three (3) new two-way permits;
231-under this subsection.
232-(e) The following apply to permits issued under subsection (d):
233-(1) An applicant for a permit under subsection (d)(1) or (d)(2)
234-must be a proprietor, an owner or lessee, or both, of a restaurant
235-located within an economic development area, an area needing
236-redevelopment, or a redevelopment district as established under
237-IC 36-7-14 in a municipality's:
238-(A) downtown redevelopment district; or
239-(B) downtown economic revitalization area.
240-(2) The cost of an initial permit is forty thousand dollars
241-($40,000).
242-(3) The total number of active permits issued under subsection (d)
243-may not exceed the six (6) permits allocated by permit type, as set
244-forth in that subsection.
245-(4) The municipality may adopt an ordinance under
246-IC 7.1-3-19-17 requiring a permit holder to enter into a formal
247-written commitment as a condition of eligibility for a permit. As
248-set forth in IC 7.1-3-19-17(b), a formal written commitment is
249-binding on the permit holder and on any lessee or proprietor of
250-the permit premises.
251-HEA 1197 — Concur 7
252-(5) Notwithstanding IC 7.1-3-1.1, if business operations cease at
253-the permit premises for more than six (6) months, the permit shall
254-revert to the commission and the permit holder is not entitled to
255-any refund or other compensation.
256-(6) Except as provided in subdivision (8), the ownership of a
257-permit may not be transferred.
258-(7) A permit may not be transferred from the premises for which
259-the permit was issued.
260-(8) If the area in which the permit issued to a premises under
261-subsection (d)(1) or (d)(2) is located is no longer designated an
262-economic development area, an area needing redevelopment, or
263-a redevelopment district, a permit issued under this section may
264-be renewed, and the ownership of the permit may be transferred,
265-but the permit may not be transferred from the permit premises.
266-(f) Except as provided in section 16.3 of this chapter, in addition
267-to the permits issued to the city of Noblesville under subsection (c),
268-the commission may issue to the city of Noblesville not more than
269-ten (10) new three-way permits under this subsection. The new
270-three-way permits may be issued as follows:
271-(1) Three (3) new three-way permits in 2024.
272-(2) Three (3) new three-way permits in 2025.
273-(3) Four (4) new three-way permits in 2026.
274-If the commission does not issue the amount of three-way permits
275-allowed in subdivisions (1) through (3) in that year, any unissued
276-permits will roll over and may be issued in a subsequent year.
277-(g) The following apply to permits issued under subsection (f):
278-(1) An applicant for a permit under subsection (f) must be a
279-proprietor, an owner or lessee, or both, of a restaurant
280-located within an economic development area, an area
281-needing redevelopment, or a redevelopment district as
282-established under IC 36-7-14 in a municipality's:
283-(A) downtown redevelopment district; or
284-(B) downtown economic revitalization area.
285-(2) The cost of an initial permit is forty thousand dollars
286-($40,000).
287-(3) The total number of active permits issued under
288-subsection (f) may not exceed the ten (10) new three-way
289-permits, as set forth in that subsection.
290-(4) The municipality may adopt an ordinance under
291-IC 7.1-3-19-17 requiring a permit holder to enter into a
292-formal written commitment as a condition of eligibility for a
293-permit. As set forth in IC 7.1-3-19-17(b), a formal written
294-HEA 1197 — Concur 8
295-commitment is binding on the permit holder and on any lessee
296-or proprietor of the permit premises.
297-(5) Notwithstanding IC 7.1-3-1.1, if business operations cease
298-at the permit premises for more than six (6) months, the
299-permit shall revert to the commission and the permit holder
300-is not entitled to any refund or other compensation.
301-(6) Except as provided in subdivision (8), the ownership of a
302-permit may not be transferred.
303-(7) A permit may not be transferred from the premises for
304-which the permit was issued.
305-(8) If the area in which the permit issued to a premises under
306-subsection (f) is located is no longer designated an economic
307-development area, an area needing redevelopment, or a
308-redevelopment district, a permit issued under this section may
309-be renewed, and the ownership of the permit may be
310-transferred, but the permit may not be transferred from the
311-permit premises.
312-(h) Except as provided in section 16.3 of this chapter, the
313-commission may issue to the city of Delphi not more than two (2)
314-new three-way permits under this subsection.
315-(i) The following apply to permits issued under subsection (h):
316-(1) An applicant for a permit under subsection (h) must be a
317-proprietor, an owner or lessee, or both, of a restaurant
318-located within an economic development area, an area
319-needing redevelopment, or a redevelopment district as
320-established under IC 36-7-14 in a municipality's:
321-(A) downtown redevelopment district; or
322-(B) downtown economic revitalization area.
323-(2) The cost of an initial permit is forty thousand dollars
324-($40,000).
325-(3) The total number of active permits issued under
326-subsection (h) may not exceed the two (2) new three-way
327-permits, as set forth in that subsection.
328-(4) The municipality may adopt an ordinance under
329-IC 7.1-3-19-17 requiring a permit holder to enter into a
330-formal written commitment as a condition of eligibility for a
331-permit. As set forth in IC 7.1-3-19-17(b), a formal written
332-commitment is binding on the permit holder and on any lessee
333-or proprietor of the permit premises.
334-(5) Notwithstanding IC 7.1-3-1.1, if business operations cease
335-at the permit premises for more than six (6) months, the
336-permit shall revert to the commission and the permit holder
337-HEA 1197 — Concur 9
338-is not entitled to any refund or other compensation.
339-(6) Except as provided in subdivision (8), the ownership of a
340-permit may not be transferred.
341-(7) A permit may not be transferred from the premises for
342-which the permit was issued.
343-(8) If the area in which the permit issued to a premises under
344-subsection (h) is located is no longer designated an economic
345-development area, an area needing redevelopment, or a
346-redevelopment district, a permit issued under this section may
347-be renewed, and the ownership of the permit may be
348-transferred, but the permit may not be transferred from the
349-permit premises.
350-SECTION 10. IC 7.1-3-20-27, AS AMENDED BY P.L.167-2023,
351-SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
352-JULY 1, 2024]: Sec. 27. (a) This section applies to the premises of a
353-restaurant or hotel.
354-(b) Subject to subsection (c), the holder of a retailer's permit that is
355-issued for the premises of a restaurant or hotel may sell or dispense,
356-for on-premises consumption only, alcoholic beverages, for which the
357-permittee holds the appropriate permit, from a bar located on the
358-licensed premises that opens to an outside patio or terrace that is
359-contiguous to the main building of the licensed premises of the
360-restaurant or hotel.
361-(c) The holder of a retailer's permit that is issued for the premises of
362-a restaurant or hotel may sell or dispense alcoholic beverages as
363-provided under subsection (b) only if all the following conditions are
364-met:
365-(1) The patio or terrace area described in subsection (b) is:
366-(A) part of the licensed premises; and
367-(B) clearly delineated and completely enclosed on all sides by
368-a barrier that is at least eighteen (18) inches in height.
369-(2) Minors are allowed on the licensed premises at an outside
370-patio or terrace that contains a bar under subsection (b) only in
371-accordance with IC 7.1-5-7-11.
372-SECTION 11. IC 7.1-3-20-28 IS REPEALED [EFFECTIVE JULY
373-1, 2024]. Sec. 28. A retailer permittee may sell or dispense alcoholic
374-beverages for on-premises consumption only in an outdoor beer garden
375-that:
376-(1) has a bar;
377-(2) is accessible only through the permit premises; and
378-(3) is a defined area that is enclosed by:
379-(A) the outside walls of the permit premises; or
380-HEA 1197 — Concur 10
381-(B) a nontransparent wall that is at least seventy-two (72)
382-inches in height.
383-SECTION 12. IC 7.1-3-20-28.5 IS REPEALED [EFFECTIVE JULY
384-1, 2024]. Sec. 28.5. (a) This section applies to the premises of a:
385-(1) civic center permit; or
386-(2) retailer's permit that operates as a recreational facility offering
387-bowling, arcade games, and outside volleyball courts or other
388-outside recreational games on the licensed premises.
389-(b) In accordance with subsection (c), the holder of a:
390-(1) civic center permit; or
391-(2) retailer's permit described in subsection (a)(2) which has a
392-gross business of at least one million dollars ($1,000,000) in the
393-retail sale of food;
394-may, subject to the approval of the commission, sell or dispense
395-alcoholic beverages for which the permittee holds the appropriate
396-permit, for on-premises consumption only, from a bar that is located on
397-an outside patio, porch, veranda, terrace, or rooftop of a building that
398-is contiguous to the main building of the licensed premises.
399-(c) The holder of the civic center or retailer's permit described in
400-subsection (a)(2) may sell or dispense alcoholic beverages as provided
401-under subsection (b) only if all the following conditions are met:
402-(1) The outside area described in subsection (b) is:
403-(A) part of the licensed premises; and
404-(B) clearly delineated in some manner by a fence, hedge, rail,
405-wall, or similar barrier.
406-(2) Except as provided in IC 7.1-5-7-11, if minors are allowed on
407-the premises:
408-(A) the bar area must be separated from the outside dining
409-area where minors may be served by a structure or barrier that
410-reasonably deters free access and egress, without requirement
411-for doors or gates; and
412-(B) a conspicuous sign must be posted by the barrier described
413-in clause (A) stating that minors may not cross the barrier to
414-enter the bar area.
415-SECTION 13. IC 7.1-3-20-29, AS AMENDED BY P.L.121-2022,
71+1 SECTION 1. IC 7.1-2-4-10 IS AMENDED TO READ AS
72+2 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 10. The county
73+3 executive and fiscal body and the city or town executive, as the case
74+4 may be, shall make their appointments to the local board within fifteen
75+5 (15) days after being notified by the commission by registered mail or
76+6 electronic communication to do so. The commission may extend this
77+7 time limit by an additional fifteen (15) days.
78+8 SECTION 2. IC 7.1-3-1-4 IS AMENDED TO READ AS
79+9 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 4. The commission
80+10 shall issue a permit authorized by this title only upon proper
81+11 application. The application shall be in writing, and verified, upon
82+12 forms the form and manner prescribed and furnished by the
83+13 commission. The application shall contain the terms and information
84+14 required by this title or by the rules and regulations of the commission.
85+15 The appropriate surety bond, if one is required, also shall be submitted
86+16 with the application.
87+17 SECTION 3. IC 7.1-3-1-5.3 IS AMENDED TO READ AS
88+EH 1197—LS 6558/DI 137 2
89+1 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 5.3. (a) This section
90+2 applies to an application for a new permit, renewal of a permit, or
91+3 transfer of a permit authorized by this article for a location in a:
92+4 (1) second or third class city; or
93+5 (2) county other than a county containing a consolidated city.
94+6 (b) As used in this section, "plan commission" has the meaning set
95+7 forth in IC 36-7-1-14.
96+8 (c) A director of a plan commission may request the commission to
97+9 notify the plan commission that the commission has received an
98+10 application for a permit for a location within the territory where the
99+11 plan commission has jurisdiction.
100+12 (d) If the commission receives a request under subsection (c), the
101+13 commission shall provide to the appropriate plan commission a copy
102+14 of the notice that the commission submits for publication to meet the
103+15 requirements of section 5 of this chapter. The commission shall send
104+16 by mail or electronically the copy to the plan commission no later than
105+17 the day that the commission submits the notice for publication.
106+18 SECTION 4. IC 7.1-3-1-25, AS AMENDED BY P.L.285-2019,
107+19 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
108+20 JULY 1, 2024]: Sec. 25. (a) A county, city, town, or township that by
109+21 itself or in combination with any other body of a county, city, town, or
110+22 township acquires by ownership or by lease any stadium, exhibition
111+23 hall, auditorium, theater, convention center, or civic center, or park or
112+24 public recreation area with a permanent event or entertainment
113+25 space may permit the retail sale of alcoholic beverages upon the
114+26 premises if the governing board of the facility first applies for and
115+27 secures the necessary permits as required by this title.
116+28 (b) A county or township may be issued a permit for the retail sale
117+29 of alcoholic beverages on the premises of any community center,
118+30 including a clubhouse, pavilion, or social center that is located within
119+31 a public park or operated by the township.
120+32 (c) A county, city, town, or township that owns a golf course may
121+33 permit the retail sale of alcoholic beverages upon the premises of the
122+34 golf course if the governing board of the golf course first applies for
123+35 and secures the necessary permits required by this title.
124+36 (d) A county, city, town, or township that owns a marina may be
125+37 issued a permit for the retail sale of alcoholic beverages on the
126+38 premises of the marina. The permit may include the carryout sale of
127+39 alcoholic beverages in accordance with IC 7.1-3-4-6(c),
128+40 IC 7.1-3-9-9(c), IC 7.1-3-14-4(c), and 905 IAC 1-29 but may not
129+41 include at-home delivery of alcoholic beverages. However, the county,
130+42 city, town, or township must apply for and secure the necessary permits
131+EH 1197—LS 6558/DI 137 3
132+1 that this title requires.
133+2 (e) Notwithstanding subsection (a), the commission may issue a
134+3 civic center permit to a person that:
135+4 (1) by the person's self or in combination with another person is
136+5 the proprietor, as owner or lessee, of an entertainment complex;
137+6 or
138+7 (2) has an agreement with a person described in subdivision (1)
139+8 to act as a concessionaire for the entertainment complex for the
140+9 full period for which the permit is to be issued.
141+10 SECTION 5. IC 7.1-3-3-7 IS AMENDED TO READ AS
142+11 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 7. Action of
143+12 Commission on Renewals. The commission shall notify the applicant
144+13 in writing of its determination to grant or deny the renewal of a beer
145+14 wholesaler's permit not more than ten (10) days after the filing of the
146+15 application. The notice may be given by personal service upon the
147+16 applicant, or by registered mail, addressed to applicant at the address
148+17 shown in the application for renewal, or by electronic
149+18 communication. The registration and deposit of the notice, properly
150+19 addressed, in the post office within the ten (10) day period shall be
151+20 sufficient when the notice is given by registered mail.
152+21 SECTION 6. IC 7.1-3-3-11 IS AMENDED TO READ AS
153+22 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 11. Findings and
154+23 Conclusions: Action of Commission. The person who conducted the
155+24 hearing shall make a report of the recommended findings of fact and
156+25 conclusions to the commission following the hearing. The commission,
157+26 upon receipt of the report, by a majority vote of its membership, shall
158+27 make findings of fact and state its conclusions affirming or reversing
159+28 the proposed denial of renewal. The commission shall enter its order
160+29 accordingly and that order shall be final and conclusive except as
161+30 otherwise provided in this title. The commission shall serve the
162+31 applicant, personally, or by registered mail, or electronically with a
163+32 copy of the findings of fact, conclusions, and order.
164+33 SECTION 7. IC 7.1-3-9.5-2, AS AMENDED BY P.L.196-2015,
165+34 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
166+35 JULY 1, 2024]: Sec. 2. (a) The holder of a supplemental caterer's
167+36 permit shall notify the commission in writing not later than forty-eight
168+37 (48) hours in advance of each function that the permittee intends to
169+38 cater with alcoholic beverages. The commission may waive the
170+39 forty-eight (48) hour notice period required under this subsection, if
171+40 authorized by the chairman or the chairman's designee, but may not
172+41 waive the requirement for filing notice.
173+42 (b) The notice shall include the following:
174+EH 1197—LS 6558/DI 137 4
175+1 (1) The date, time, and location of the function to be catered.
176+2 (2) If the function is open to the public, located in a county having
177+3 a population of less than one hundred fifty thousand (150,000),
178+4 and located in a different county from the county where the
179+5 permittee holds the three-way permit required under section 1 of
180+6 this chapter, the signature of the following official on a document
181+7 stating the official's approval of the catering of alcoholic
182+8 beverages at the proposed date, time, and location:
183+9 (A) The president of the town council, if the location is in a
184+10 town.
185+11 (B) The mayor, if the location is in a city.
186+12 (C) The president of the board of county commissioners, if the
187+13 location is in unincorporated territory.
188+14 (c) If a permittee complies with all notice requirements of
189+15 subsection (b), the commission in its absolute discretion has the
190+16 authority, any other provision of this title to the contrary
191+17 notwithstanding, to approve the proposed date and location of the
192+18 function to be catered.
193+19 (d) The commission need not notify the permittee if the commission
194+20 approved the proposed date and location, and the permittee may
195+21 proceed as stated in the permittee's notice to the commission. The
196+22 commission shall notify the permittee by certified United States mail
197+23 or electronic mail, in advance of the function, if the commission does
198+24 not approve the proposed date or location.
199+25 (e) A permittee whose proposed date or location has been
200+26 disapproved by the commission still may cater the function on that date
201+27 and at that location, but the permittee may not cater alcoholic
202+28 beverages at that function on that date and at that location.
203+29 SECTION 8. IC 7.1-3-18-9.5, AS ADDED BY P.L.196-2015,
204+30 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
205+31 JULY 1, 2024]: Sec. 9.5. (a) This section applies only to an employee
206+32 who:
207+33 (1) holds an employee's permit issued under section 9 of this
208+34 chapter;
209+35 (2) is convicted of operating while intoxicated;
210+36 (3) does not have a prior conviction for operating while
211+37 intoxicated; and
212+38 (4) was at least twenty-one (21) years of age at the time the
213+39 employee committed the offense of operating while intoxicated
214+40 for which the employee was convicted.
215+41 (b) The commission shall send to the most recent mailing address
216+42 that the commission has on file, or by electronic communication, a
217+EH 1197—LS 6558/DI 137 5
218+1 written notice to an employee that the employee's permit will be
219+2 revoked six (6) months after the date of sentencing for the conviction
220+3 of operating while intoxicated unless the employee submits to the
221+4 commission, on a form prescribed by the commission, information
222+5 verifying that the employee has completed an appropriate substance
223+6 abuse treatment or education program that was provided by a provider
224+7 certified by the division of mental health and addiction.
225+8 (c) If an employee fails to submit the information as required under
226+9 subsection (b) within six (6) months from the date of the sentencing,
227+10 the commission shall revoke the employee's permit.
228+11 SECTION 9. IC 7.1-3-20-16.8, AS AMENDED BY P.L.220-2023,
229+12 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
230+13 JULY 1, 2024]: Sec. 16.8. (a) A permit that is authorized by this
231+14 section may be issued without regard to the quota provisions of
232+15 IC 7.1-3-22.
233+16 (b) Except as provided in section 16.3 of this chapter, the
234+17 commission may issue not more than four (4) new three-way permits
235+18 to sell alcoholic beverages for on-premises consumption to applicants
236+19 in each of the following municipalities:
237+20 (1) Whitestown.
238+21 (2) Lebanon.
239+22 (3) Zionsville.
240+23 (4) Westfield.
241+24 (5) Carmel.
242+25 (6) Fishers.
243+26 (7) Noblesville.
244+27 (c) The following apply to permits issued under subsection (b):
245+28 (1) An applicant for a permit under subsection (b) must be a
246+29 proprietor, as owner or lessee, or both, of a restaurant located
247+30 within an economic development area, an area needing
248+31 redevelopment, or a redevelopment district as established under
249+32 IC 36-7-14 in a municipality's:
250+33 (A) downtown redevelopment district; or
251+34 (B) downtown economic revitalization area.
252+35 (2) The cost of an initial permit is forty thousand dollars
253+36 ($40,000).
254+37 (3) The total number of active permits issued under subsection (b)
255+38 may not exceed twenty-four (24) permits at any time. If any of the
256+39 permits issued under subsection (b) are revoked or not renewed,
257+40 the commission may issue only enough new permits to bring the
258+41 total number of permits to twenty-four (24) active permits, with
259+42 not more than four (4) in each municipality listed in subsection
260+EH 1197—LS 6558/DI 137 6
261+1 (b)(1) through (b)(6).
262+2 (4) The municipality may adopt an ordinance under
263+3 IC 7.1-3-19-17 requiring a permit holder to enter into a formal
264+4 written commitment as a condition of eligibility for a permit. As
265+5 set forth in IC 7.1-3-19-17(b), a formal written commitment is
266+6 binding on the permit holder and on any lessee or proprietor of
267+7 the permit premises.
268+8 (5) Notwithstanding IC 7.1-3-1-3.5 and IC 7.1-3-1.1, if business
269+9 operations cease at the permit premises for more than six (6)
270+10 months, the permit shall revert to the commission and the permit
271+11 holder is not entitled to any refund or other compensation.
272+12 (6) Except as provided in subdivision (8), the ownership of a
273+13 permit may not be transferred.
274+14 (7) A permit may not be transferred from the premises for which
275+15 the permit was issued.
276+16 (8) If the area in which the permit premises is located is no longer
277+17 designated an economic development area, an area needing
278+18 redevelopment, or a redevelopment district, a permit issued under
279+19 this section may be renewed, and the ownership of the permit may
280+20 be transferred, but the permit may not be transferred from the
281+21 permit premises.
282+22 (d) Except as provided in section 16.3 of this chapter, in addition to
283+23 the permits issued to the town of Whitestown under subsection (c), the
284+24 commission may issue to the town of Whitestown not more than:
285+25 (1) three (3) new three-way permits; and
286+26 (2) three (3) new two-way permits;
287+27 under this subsection.
288+28 (e) The following apply to permits issued under subsection (d):
289+29 (1) An applicant for a permit under subsection (d)(1) or (d)(2)
290+30 must be a proprietor, an owner or lessee, or both, of a restaurant
291+31 located within an economic development area, an area needing
292+32 redevelopment, or a redevelopment district as established under
293+33 IC 36-7-14 in a municipality's:
294+34 (A) downtown redevelopment district; or
295+35 (B) downtown economic revitalization area.
296+36 (2) The cost of an initial permit is forty thousand dollars
297+37 ($40,000).
298+38 (3) The total number of active permits issued under subsection (d)
299+39 may not exceed the six (6) permits allocated by permit type, as set
300+40 forth in that subsection.
301+41 (4) The municipality may adopt an ordinance under
302+42 IC 7.1-3-19-17 requiring a permit holder to enter into a formal
303+EH 1197—LS 6558/DI 137 7
304+1 written commitment as a condition of eligibility for a permit. As
305+2 set forth in IC 7.1-3-19-17(b), a formal written commitment is
306+3 binding on the permit holder and on any lessee or proprietor of
307+4 the permit premises.
308+5 (5) Notwithstanding IC 7.1-3-1.1, if business operations cease at
309+6 the permit premises for more than six (6) months, the permit shall
310+7 revert to the commission and the permit holder is not entitled to
311+8 any refund or other compensation.
312+9 (6) Except as provided in subdivision (8), the ownership of a
313+10 permit may not be transferred.
314+11 (7) A permit may not be transferred from the premises for which
315+12 the permit was issued.
316+13 (8) If the area in which the permit issued to a premises under
317+14 subsection (d)(1) or (d)(2) is located is no longer designated an
318+15 economic development area, an area needing redevelopment, or
319+16 a redevelopment district, a permit issued under this section may
320+17 be renewed, and the ownership of the permit may be transferred,
321+18 but the permit may not be transferred from the permit premises.
322+19 (f) Except as provided in section 16.3 of this chapter, in addition
323+20 to the permits issued to the city of Noblesville under subsection (c),
324+21 the commission may issue to the city of Noblesville not more than
325+22 ten (10) new three-way permits under this subsection. The new
326+23 three-way permits may be issued as follows:
327+24 (1) Three (3) new three-way permits in 2024.
328+25 (2) Three (3) new three-way permits in 2025.
329+26 (3) Four (4) new three-way permits in 2026.
330+27 If the commission does not issue the amount of three-way permits
331+28 allowed in subdivisions (1) through (3) in that year, any unissued
332+29 permits will roll over and may be issued in a subsequent year.
333+30 (g) The following apply to permits issued under subsection (f):
334+31 (1) An applicant for a permit under subsection (f) must be a
335+32 proprietor, an owner or lessee, or both, of a restaurant
336+33 located within an economic development area, an area
337+34 needing redevelopment, or a redevelopment district as
338+35 established under IC 36-7-14 in a municipality's:
339+36 (A) downtown redevelopment district; or
340+37 (B) downtown economic revitalization area.
341+38 (2) The cost of an initial permit is forty thousand dollars
342+39 ($40,000).
343+40 (3) The total number of active permits issued under
344+41 subsection (f) may not exceed the ten (10) new three-way
345+42 permits, as set forth in that subsection.
346+EH 1197—LS 6558/DI 137 8
347+1 (4) The municipality may adopt an ordinance under
348+2 IC 7.1-3-19-17 requiring a permit holder to enter into a
349+3 formal written commitment as a condition of eligibility for a
350+4 permit. As set forth in IC 7.1-3-19-17(b), a formal written
351+5 commitment is binding on the permit holder and on any lessee
352+6 or proprietor of the permit premises.
353+7 (5) Notwithstanding IC 7.1-3-1.1, if business operations cease
354+8 at the permit premises for more than six (6) months, the
355+9 permit shall revert to the commission and the permit holder
356+10 is not entitled to any refund or other compensation.
357+11 (6) Except as provided in subdivision (8), the ownership of a
358+12 permit may not be transferred.
359+13 (7) A permit may not be transferred from the premises for
360+14 which the permit was issued.
361+15 (8) If the area in which the permit issued to a premises under
362+16 subsection (f) is located is no longer designated an economic
363+17 development area, an area needing redevelopment, or a
364+18 redevelopment district, a permit issued under this section may
365+19 be renewed, and the ownership of the permit may be
366+20 transferred, but the permit may not be transferred from the
367+21 permit premises.
368+22 (h) Except as provided in section 16.3 of this chapter, the
369+23 commission may issue to the city of Delphi not more than two (2)
370+24 new three-way permits under this subsection.
371+25 (i) The following apply to permits issued under subsection (h):
372+26 (1) An applicant for a permit under subsection (h) must be a
373+27 proprietor, an owner or lessee, or both, of a restaurant
374+28 located within an economic development area, an area
375+29 needing redevelopment, or a redevelopment district as
376+30 established under IC 36-7-14 in a municipality's:
377+31 (A) downtown redevelopment district; or
378+32 (B) downtown economic revitalization area.
379+33 (2) The cost of an initial permit is forty thousand dollars
380+34 ($40,000).
381+35 (3) The total number of active permits issued under
382+36 subsection (h) may not exceed the two (2) new three-way
383+37 permits, as set forth in that subsection.
384+38 (4) The municipality may adopt an ordinance under
385+39 IC 7.1-3-19-17 requiring a permit holder to enter into a
386+40 formal written commitment as a condition of eligibility for a
387+41 permit. As set forth in IC 7.1-3-19-17(b), a formal written
388+42 commitment is binding on the permit holder and on any lessee
389+EH 1197—LS 6558/DI 137 9
390+1 or proprietor of the permit premises.
391+2 (5) Notwithstanding IC 7.1-3-1.1, if business operations cease
392+3 at the permit premises for more than six (6) months, the
393+4 permit shall revert to the commission and the permit holder
394+5 is not entitled to any refund or other compensation.
395+6 (6) Except as provided in subdivision (8), the ownership of a
396+7 permit may not be transferred.
397+8 (7) A permit may not be transferred from the premises for
398+9 which the permit was issued.
399+10 (8) If the area in which the permit issued to a premises under
400+11 subsection (h) is located is no longer designated an economic
401+12 development area, an area needing redevelopment, or a
402+13 redevelopment district, a permit issued under this section may
403+14 be renewed, and the ownership of the permit may be
404+15 transferred, but the permit may not be transferred from the
405+16 permit premises.
406+17 SECTION 10. IC 7.1-3-20-27, AS AMENDED BY P.L.167-2023,
407+18 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
408+19 JULY 1, 2024]: Sec. 27. (a) This section applies to the premises of a
409+20 restaurant or hotel.
410+21 (b) Subject to subsection (c), the holder of a retailer's permit that is
411+22 issued for the premises of a restaurant or hotel may sell or dispense,
412+23 for on-premises consumption only, alcoholic beverages, for which the
413+24 permittee holds the appropriate permit, from a bar located on the
414+25 licensed premises that opens to an outside patio or terrace that is
415+26 contiguous to the main building of the licensed premises of the
416+27 restaurant or hotel.
417+28 (c) The holder of a retailer's permit that is issued for the premises of
418+29 a restaurant or hotel may sell or dispense alcoholic beverages as
419+30 provided under subsection (b) only if all the following conditions are
420+31 met:
421+32 (1) The patio or terrace area described in subsection (b) is:
422+33 (A) part of the licensed premises; and
423+34 (B) clearly delineated and completely enclosed on all sides by
424+35 a barrier that is at least eighteen (18) inches in height.
425+36 (2) Minors are allowed on the licensed premises at an outside
426+37 patio or terrace that contains a bar under subsection (b) only in
427+38 accordance with IC 7.1-5-7-11.
428+39 SECTION 11. IC 7.1-3-20-28 IS REPEALED [EFFECTIVE JULY
429+40 1, 2024]. Sec. 28. A retailer permittee may sell or dispense alcoholic
430+41 beverages for on-premises consumption only in an outdoor beer garden
431+42 that:
432+EH 1197—LS 6558/DI 137 10
433+1 (1) has a bar;
434+2 (2) is accessible only through the permit premises; and
435+3 (3) is a defined area that is enclosed by:
436+4 (A) the outside walls of the permit premises; or
437+5 (B) a nontransparent wall that is at least seventy-two (72)
438+6 inches in height.
439+7 SECTION 12. IC 7.1-3-20-28.5 IS REPEALED [EFFECTIVE JULY
440+8 1, 2024]. Sec. 28.5. (a) This section applies to the premises of a:
441+9 (1) civic center permit; or
442+10 (2) retailer's permit that operates as a recreational facility offering
443+11 bowling, arcade games, and outside volleyball courts or other
444+12 outside recreational games on the licensed premises.
445+13 (b) In accordance with subsection (c), the holder of a:
446+14 (1) civic center permit; or
447+15 (2) retailer's permit described in subsection (a)(2) which has a
448+16 gross business of at least one million dollars ($1,000,000) in the
449+17 retail sale of food;
450+18 may, subject to the approval of the commission, sell or dispense
451+19 alcoholic beverages for which the permittee holds the appropriate
452+20 permit, for on-premises consumption only, from a bar that is located on
453+21 an outside patio, porch, veranda, terrace, or rooftop of a building that
454+22 is contiguous to the main building of the licensed premises.
455+23 (c) The holder of the civic center or retailer's permit described in
456+24 subsection (a)(2) may sell or dispense alcoholic beverages as provided
457+25 under subsection (b) only if all the following conditions are met:
458+26 (1) The outside area described in subsection (b) is:
459+27 (A) part of the licensed premises; and
460+28 (B) clearly delineated in some manner by a fence, hedge, rail,
461+29 wall, or similar barrier.
462+30 (2) Except as provided in IC 7.1-5-7-11, if minors are allowed on
463+31 the premises:
464+32 (A) the bar area must be separated from the outside dining
465+33 area where minors may be served by a structure or barrier that
466+34 reasonably deters free access and egress, without requirement
467+35 for doors or gates; and
468+36 (B) a conspicuous sign must be posted by the barrier described
469+37 in clause (A) stating that minors may not cross the barrier to
470+38 enter the bar area.
471+39 SECTION 13. IC 7.1-3-20-29, AS AMENDED BY P.L.121-2022,
472+40 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
473+41 JULY 1, 2024]: Sec. 29. (a) As used in this section, "food hall" means
474+42 the premises:
475+EH 1197—LS 6558/DI 137 11
476+1 (1) located within a retail shopping and food service district; and
477+2 (2) to which a master permit is issued under this section.
478+3 (b) As used in this section, "master permit" means a food hall master
479+4 permit issued under this section.
480+5 (c) Except as provided in subsection (d), the commission may issue
481+6 a master permit, which is a three-way retailer's permit for on premises
482+7 consumption, to a food hall located in a retail shopping and food
483+8 service district that meets the following requirements:
484+9 (1) The district consists of an area that:
485+10 (A) has been redeveloped, renovated, or environmentally
486+11 remediated in part with grants from the federal, state, or local
487+12 government under IC 36-7-11; and
488+13 (B) is entirely located within an incorporated city or town.
489+14 (2) The district consists of land and a building or group of
490+15 buildings that are part of a common development.
491+16 (3) The district is located within a locally designated historic
492+17 district under IC 36-7-11 established by a city or town ordinance.
493+18 (4) The district contains at least one (1) building that:
494+19 (A) is on the list of the National Register for Historic Places or
495+20 qualifies as a historic building worthy of preservation under
496+21 IC 36-7-11; and
497+22 (B) has been approved for present commercial use by the local
498+23 historic preservation commission of the city or town.
499+24 (d) Subsection (c)(3) and (c)(4) does not apply to a food hall that
500+25 meets one (1) of the following descriptions:
501+26 (1) The food hall:
502+27 (A) is located within a certified technology park established
503+28 under IC 36-7-32; and
504+29 (2) (B) operates within a previously vacant building that was,
505+30 or within a complex of buildings that were:
506+31 (A) (i) placed in service at least twenty-five (25) years prior
507+32 to the redevelopment of the building or buildings; and
508+33 (B) (ii) owned by a unit of local government or a public
509+34 charitable trust prior to redevelopment.
510+35 (2) The food hall:
511+36 (A) contains not less than ten (10) distinct nonaffiliated
512+37 food and beverage vendors; and
513+38 (B) is located within a mixed use development or
514+39 redevelopment project with a total investment of at least
515+40 one hundred million dollars ($100,000,000).
516+41 (e) The commission may issue a master permit to the owner or
517+42 developer of a food hall. The food hall constitutes a single permit
518+EH 1197—LS 6558/DI 137 12
519+1 premises that:
520+2 (1) contains not less than seven (7) distinct, nonaffiliated retail
521+3 food and beverage vendors, each of which may apply for a food
522+4 hall vendor permit under section 30 of this chapter; and
523+5 (2) has a seating capacity of the type traditionally designed for
524+6 food and drink for at least one hundred (100) people.
525+7 (f) An applicant for a master permit shall post notice and appear in
526+8 front of the local board in which the permit premises is situated. The
527+9 local board shall determine the eligibility of the applicant under this
528+10 section and hear evidence in support of or against the master permit
529+11 location. A master permit may not be transferred to a location outside
530+12 the food hall permit premises. A permit that is inactive for more than
531+13 six (6) months shall revert back to the commission or may be deposited
532+14 with the commission under IC 7.1-3-1.1 with the commission's
533+15 permission.
534+16 (g) A master permit authorized by this section may be issued
535+17 without regard to the proximity provisions of IC 7.1-3-21-11 or the
536+18 quota provisions of IC 7.1-3-22.
537+19 (h) The commission may not require physical separation between a
538+20 bar area and a dining area in a food hall.
539+21 SECTION 14. IC 7.1-3-21-0.1 IS REPEALED [EFFECTIVE JULY
540+22 1, 2024]. Sec. 0.1. Notwithstanding the amendments made to sections
541+23 3, 5, 5.2, and 5.4 of this chapter by P.L.72-2004, the residency
542+24 requirement of five (5) years for beer wholesalers under sections 3, 5,
543+25 5.2, and 5.4 of this chapter (as those provisions existed on June 30,
544+26 2004) shall remain in effect for all contracts entered into before July 1,
545+27 2004, under which a permit is to be transferred from an Indiana
546+28 resident to a person who was not an Indiana resident at the time of
547+29 execution of the contract.
548+30 SECTION 15. IC 7.1-3-21-15, AS AMENDED BY P.L.79-2022,
549+31 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
550+32 JULY 1, 2024]: Sec. 15. (a) This section does not apply to an
551+33 employee's permit under IC 7.1-3-18-9.
552+34 (b) The commission shall not renew or transfer a wholesaler,
553+35 retailer, dealer, or other permit of any type if the applicant:
554+36 (1) is seeking a renewal and the applicant has not paid all the
555+37 property taxes under IC 6-1.1 and the innkeeper's tax under IC 6-9
556+38 that are due currently;
557+39 (2) is seeking a transfer and the applicant has not paid all the
558+40 property taxes under IC 6-1.1 and innkeeper's tax under IC 6-9 for
559+41 the assessment periods during which the transferor held the
560+42 permit;
561+EH 1197—LS 6558/DI 137 13
562+1 (3) is seeking a renewal or transfer and is at least thirty (30) days
563+2 delinquent in remitting state gross retail taxes under IC 6-2.5 or
564+3 withholding taxes required to be remitted under IC 6-3-4;
565+4 (4) is on the most recent tax warrant list supplied to the
566+5 commission by the department of state revenue; or
567+6 (5) does not provide the commission with property tax clearance
568+7 Form 1. with an embossed seal from the county treasurer.
569+8 (c) The commission shall renew or transfer a permit that the
570+9 commission denied under subsection (b) when the appropriate one (1)
571+10 of the following occurs:
572+11 (1) The person, if seeking a renewal, provides to the commission
573+12 a statement from the county treasurer of the county in which the
574+13 property of the applicant was assessed indicating that all the
575+14 property taxes under IC 6-1.1 and, in a county where the county
576+15 treasurer collects the innkeeper's tax, the innkeeper's tax under
577+16 IC 6-9 that were delinquent have been paid.
578+17 (2) The person, if seeking a transfer of ownership, provides to the
579+18 commission a statement from the county treasurer of the county
580+19 in which the property of the transferor was assessed indicating
581+20 that all the property taxes under IC 6-1.1 and, in a county where
582+21 the county treasurer collects the innkeeper's tax, the innkeeper's
583+22 tax under IC 6-9 have been paid for the assessment periods during
584+23 which the transferor held the permit.
585+24 (3) The person provides to the commission a statement from the
586+25 commissioner of the department of state revenue indicating that
587+26 the person's tax warrant has been satisfied, including any
588+27 delinquency in innkeeper's tax if the state collects the innkeeper's
589+28 tax for the county in which the person seeks the permit.
590+29 (4) The commission receives a notice from the commissioner of
591+30 the department of state revenue under IC 6-8.1-8-2(k).
592+31 (5) The commission receives a notice from the commissioner of
593+32 the department of state revenue stating that the state gross retail
594+33 and withholding taxes described in subsection (b)(3) have been
595+34 remitted to the department.
596+35 (d) The commission shall not issue a new wholesaler, retailer,
597+36 dealer, or other permit of any type if the applicant:
598+37 (1) has not paid all the applicant's property taxes under IC 6-1.1
599+38 and innkeeper's tax under IC 6-9 that are due;
600+39 (2) is at least thirty (30) days delinquent in remitting state gross
601+40 retail taxes under IC 6-2.5 or withholding taxes required to be
602+41 remitted under IC 6-3-4;
603+42 (3) is on the most recent tax warrant list supplied to the
604+EH 1197—LS 6558/DI 137 14
605+1 commission by the department of state revenue; or
606+2 (4) does not provide the commission with property tax clearance
607+3 Form 1. with an embossed seal from the county treasurer.
608+4 (e) The commission shall issue a new permit that the commission
609+5 denied under subsection (d) when one (1) of the following occurs:
610+6 (1) The applicant provides to the commission a statement from
611+7 the commissioner of the department of state revenue indicating
612+8 that the applicant's tax warrant has been satisfied, including any
613+9 delinquency in innkeeper's tax if the state collects the innkeeper's
614+10 tax for the county in which the applicant seeks the permit.
615+11 (2) The commission receives a notice of release from the
616+12 commissioner of the department of state revenue under
617+13 IC 6-8.1-8-2(k).
618+14 (3) The commission receives a notice from the commissioner of
619+15 the department of state revenue stating that the state gross retail
620+16 and withholding taxes described in subsection (d)(2) have been
621+17 remitted to the department.
622+18 (f) An applicant for issuance of a new permit, renewal, or transfer
623+19 may not be considered delinquent in the payment of a listed tax (as
624+20 defined by IC 6-8.1-1-1) if the applicant has filed a proper protest
625+21 under IC 6-8.1-5-1 contesting the remittance of those taxes. The
626+22 applicant shall be considered delinquent in the payment of those taxes
627+23 if the applicant does not remit the taxes owed to the state department
628+24 of revenue after the later of the following:
629+25 (1) The expiration of the period in which the applicant may appeal
630+26 the listed tax to the tax court, in the case of an applicant who does
631+27 not file a timely appeal of the listed tax.
632+28 (2) When a decision of the tax court concerning the applicant's
633+29 appeal of the listed tax becomes final, in the case of an applicant
634+30 who files a timely appeal of the listed tax.
635+31 (g) The commission may require that an applicant for the issuance
636+32 of a new permit, renewal, or transfer of a wholesaler's, retailer's, or
637+33 dealer's, or other permit of any type furnish proof of the payment of a
638+34 listed tax (as defined by IC 6-8.1-1-1), tax warrant, or taxes imposed by
639+35 IC 6-1.1 or receipt of property tax clearance Form 1. with an embossed
640+36 seal from the county treasurer.
641+37 (h) The commission may issue to any applicant for renewal of a
642+38 permit that is delinquent in the payment of a listed tax (as defined in
643+39 IC 6-8.1-1-1) not more than one (1) ninety (90) day extension of the
644+40 term of the permit.
645+41 SECTION 16. IC 7.1-3-23-34 IS AMENDED TO READ AS
646+42 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 34. Final Action of
647+EH 1197—LS 6558/DI 137 15
648+1 Commission. The commission shall take final action within ten (10)
649+2 days after the hearing and enter an appropriate order in the matter and
650+3 shall notify the applicant, or permittee, of its action by registered mail
651+4 or electronic communication.
652+5 SECTION 17. IC 7.1-3-23-45, AS AMENDED BY P.L.207-2013,
653+6 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
654+7 JULY 1, 2024]: Sec. 45. (a) Upon receiving a court order issued under
655+8 IC 31-16-12-13 (or IC 31-14-12-10 before its repeal), the commission
656+9 shall:
657+10 (1) suspend the employee's permit of; or
658+11 (2) deny an employee's permit or the renewal of an employee's
659+12 permit to;
660+13 the person who is the subject of the order.
661+14 (b) Upon receiving a court order issued under IC 31-16-12-13 (or
662+15 IC 31-14-12-10 before its repeal), the commission shall promptly mail
663+16 a or send electronic notice to the last known mailing or electronic
664+17 mailing address of the person who is the subject of the order that states
665+18 the following:
666+19 (1) That the:
667+20 (A) person's employee's permit has been suspended, beginning
668+21 five (5) business days after the date the notice is mailed; sent;
669+22 and
670+23 (B) suspension will end ten (10) business days after the
671+24 commission receives an order from the court that ordered the
672+25 suspension authorizing reinstatement of the person's
673+26 employee's permit.
674+27 (2) That the person has the right to petition for reinstatement of
675+28 the employee's permit to the court that ordered the suspension.
676+29 (c) The commission may not reinstate an employee's permit
677+30 suspended under this section until the commission receives an order
678+31 from the court that ordered the suspension authorizing reinstatement of
679+32 the person's employee's permit.
680+33 SECTION 18. IC 7.1-3-30-1, AS ADDED BY P.L.121-2022,
681+34 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
682+35 JULY 1, 2024]: Sec. 1. The following terms apply throughout this
683+36 chapter:
684+37 (1) "Craft manufacturer" means a person who holds:
685+38 (A) a small brewery permit under IC 7.1-3-2-7(5);
686+39 (B) a farm winery permit under IC 7.1-3-12; or
687+40 (C) an artisan distiller's permit under IC 7.1-3-27.
688+41 (2) "Holder" means a person who holds a temporary craft
689+42 manufacturer hospitality permit.
690+EH 1197—LS 6558/DI 137 16
691+1 (3) "Hospitality permit" means a temporary craft manufacturer
692+2 hospitality permit issued under this chapter.
693+3 (4) "Host permittee" means a:
694+4 (A) person who holds:
695+5 (A) (i) a civic center permit under IC 7.1-3-1-25;
696+6 (B) (ii) a permit under IC 7.1-3-20-18 through
697+7 IC 7.1-3-20-21 (hotel);
698+8 (C) (iii) a permit under IC 7.1-3-21-14 (state fair grounds);
699+9 (D) (iv) a permit under IC 7.1-3-20-16.8 (economic
700+10 development area); or
701+11 (E) (v) a permit under IC 7.1-3-17.8 (state park); or
702+12 (B) craft manufacturer.
703+13 (5) "Temporary event" means an event listed in section 4 of this
704+14 chapter for which the commission issues a hospitality permit.
705+15 SECTION 19. IC 7.1-3-31-2, AS ADDED BY P.L.167-2023,
706+16 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
707+17 JULY 1, 2024]: Sec. 2. As used in this chapter, "designated permittee"
708+18 means a retailer permittee that:
709+19 (1) has licensed premises holds a retailer or craft manufacturer
710+20 permit located within a refreshment area;
711+21 (2) has submitted a completed application to the municipality to
712+22 participate in the refreshment area as a designated permittee; and
713+23 (3) is designated by the commission under section 9 of this
714+24 chapter.
715+25 SECTION 20. IC 7.1-5-11-1.5, AS AMENDED BY P.L.159-2014,
716+26 SECTION 87, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
717+27 JULY 1, 2024]: Sec. 1.5. (a) Except as provided in IC 7.1-3-26, it is
718+28 unlawful for a person in the business of selling alcoholic beverages in
719+29 Indiana or outside Indiana to ship or cause to be shipped an alcoholic
720+30 beverage directly to a person in Indiana who does not hold a valid
721+31 wholesaler permit under this title. This includes the ordering and
722+32 selling of alcoholic beverages over a computer network (as defined by
723+33 IC 35-43-2-3(a)).
724+34 (b) An in-state or an out-of-state vintner, distiller, brewer, rectifier,
725+35 or importer that:
726+36 (1) holds a basic permit from the federal Bureau of Alcohol,
727+37 Tobacco, Firearms and Explosives; Alcohol and Tobacco Tax
728+38 and Trade Bureau, or its successor agency; and
729+39 (2) knowingly violates subsection (a);
730+40 commits a Class A misdemeanor.
731+41 (c) A person who is not an in-state or an out-of-state vintner,
732+42 distiller, brewer, rectifier, or importer that holds a basic permit from the
733+EH 1197—LS 6558/DI 137 17
734+1 federal Bureau of Alcohol, Tobacco, Firearms and Explosives Alcohol
735+2 and Tobacco Tax and Trade Bureau, or its successor agency, who
736+3 knowingly violates subsection (a) commits a Level 6 felony.
737+4 (d) Upon a determination by the commission that a person has
738+5 violated subsection (a), a wholesaler may not accept a shipment of
739+6 alcoholic beverages from the person for a period of up to one (1) year
740+7 as determined by the commission.
741+8 (e) If the chairman of the alcohol and tobacco commission or the
742+9 attorney general determines that a vintner, distiller, brewer, rectifier, or
743+10 importer that holds a basic permit from the federal Bureau of Alcohol,
744+11 Tobacco, Firearms and Explosives Alcohol and Tobacco Tax and
745+12 Trade Bureau, or its successor agency, has made an illegal shipment
746+13 of an alcoholic beverage to consumers in Indiana, the chairman shall:
747+14 (1) notify the federal Bureau of Alcohol, Tobacco, Firearms and
748+15 Explosives Alcohol and Tobacco Tax and Trade Bureau, or its
749+16 successor agency, in writing and by certified mail of the official
750+17 determination that state law has been violated; and
751+18 (2) request the federal bureau to take appropriate action.
752+19 (f) The commission shall adopt rules under IC 4-22-2 to implement
753+20 this section.
754+21 SECTION 21. IC 7.1-5-12-5, AS AMENDED BY P.L.49-2020,
755+22 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
756+23 JULY 1, 2024]: Sec. 5. (a) Except as provided in subsection (c) and
757+24 subject to section 13 of this chapter, smoking may be allowed in the
758+25 following:
759+26 (1) A horse racing facility operated under a permit under
760+27 IC 4-31-5 and any other permanent structure on land owned or
761+28 leased by the owner of the facility that is adjacent to the facility.
762+29 (2) A riverboat (as defined in IC 4-33-2-17) and any other
763+30 permanent structure that is:
764+31 (A) owned or leased by the owner of the riverboat; and
765+32 (B) located on land that is adjacent to:
766+33 (i) the dock to which the riverboat is moored; or
767+34 (ii) the land on which the riverboat is situated in the case of
768+35 a riverboat described in IC 4-33-2-17(2).
769+36 (3) A facility that operates under a gambling game license under
770+37 IC 4-35-5 and any other permanent structure on land owned or
771+38 leased by the owner of the facility that is adjacent to the facility.
772+39 (4) A satellite facility licensed under IC 4-31-5.5.
773+40 (5) An establishment owned or leased by a business that meets the
774+41 following requirements:
775+42 (A) The business was in business and permitted smoking on
776+EH 1197—LS 6558/DI 137 18
777+1 December 31, 2012.
778+2 (B) The business prohibits entry by an individual who is less
779+3 than twenty-one (21) years of age.
780+4 (C) The owner or operator of the business holds a beer, liquor,
781+5 or wine retailer's permit.
782+6 (D) The business limits smoking in the establishment to
783+7 smoking with a waterpipe or hookah device.
784+8 (E) During the preceding calendar year, at least ten percent
785+9 (10%) of the business's annual gross income was from the sale
786+10 of loose tobacco for use in a waterpipe or hookah device.
787+11 (F) The person in charge of the business posts in the
788+12 establishment conspicuous signs that display the message that
789+13 cigarette smoking is prohibited.
790+14 (6) An establishment owned or leased by a business that meets the
791+15 following requirements:
792+16 (A) The business prohibits entry by an individual who is less
793+17 than twenty-one (21) years of age.
794+18 (B) The owner or operator of the business holds a beer, liquor,
795+19 or wine retailer's permit.
796+20 (C) The business limits smoking in the establishment to cigar
797+21 smoking.
798+22 (D) During the preceding calendar year, at least ten percent
799+23 (10%) of the business's annual gross income was from the sale
800+24 of cigars and the rental of onsite humidors.
801+25 (E) The person in charge of the business posts in the
802+26 establishment conspicuous signs that display the message that
803+27 cigarette smoking is prohibited.
804+28 (7) A premises owned or leased by and regularly used for the
805+29 activities of a business that meets all of the following:
806+30 (A) The business is exempt from federal income taxation
807+31 under 26 U.S.C. 501(c).
808+32 (B) The business:
809+33 (i) meets the requirements to be considered a club under
810+34 IC 7.1-3-20-1; or
811+35 (ii) is a fraternal club (as defined in IC 7.1-3-20-7).
812+36 (C) The business provides food or alcoholic beverages only to
813+37 its bona fide members and their guests.
814+38 (D) The business:
815+39 (i) provides a separate, enclosed, designated smoking room
816+40 or area that is adequately ventilated to prevent migration of
817+41 smoke to nonsmoking areas of the premises;
818+42 (ii) allows smoking only in the room or area described in
819+EH 1197—LS 6558/DI 137 19
820+1 item (i);
821+2 (iii) does not allow an individual who is less than twenty-one
822+3 (21) years of age to enter into the room or area described in
823+4 item (i); and
824+5 (iv) allows a guest in the smoking room or area described in
825+6 item (i) only when accompanied by a bona fide member of
826+7 the business.
827+8 (8) A retail tobacco store used primarily for the sale of tobacco
828+9 products and tobacco accessories that meets the following
829+10 requirements:
830+11 (A) The owner or operator of the store holds a valid tobacco
831+12 sales certificate issued under IC 7.1-3-18.5.
832+13 (B) The store prohibits entry by an individual who is less than
833+14 twenty-one (21) years of age.
834+15 (C) The sale of products other than tobacco products and
835+16 tobacco accessories is merely incidental.
836+17 (D) The sale of tobacco products accounts for at least
837+18 eighty-five percent (85%) of the store's annual gross sales.
838+19 (E) Food or beverages are not sold in a manner that requires
839+20 consumption on the premises, and there is not an area set aside
840+21 for customers to consume food or beverages on the premises.
841+22 (9) A bar or tavern:
842+23 (A) for which a permittee holds:
843+24 (i) a beer retailer's permit under IC 7.1-3-4;
844+25 (ii) a liquor retailer's permit under IC 7.1-3-9; or
845+26 (iii) a wine retailer's permit under IC 7.1-3-14;
846+27 (B) that does not employ an individual who is less than
847+28 eighteen (18) years of age;
848+29 (C) that does not allow an individual who:
849+30 (i) is less than twenty-one (21) years of age; and
850+31 (ii) is not an employee of the bar or tavern;
851+32 to enter any area of the bar or tavern; and
852+33 (D) that is not located in a business that would otherwise be
853+34 subject to this chapter.
854+35 (10) A cigar manufacturing facility that does not offer retail sales.
855+36 (11) A premises of a cigar specialty store to which all of the
856+37 following apply:
857+38 (A) The owner or operator of the store holds a valid tobacco
858+39 sales certificate issued under IC 7.1-3-18.5.
859+40 (B) The sale of tobacco products and tobacco accessories
860+41 account for at least fifty percent (50%) of the store's annual
861+42 gross sales.
862+EH 1197—LS 6558/DI 137 20
863+1 (C) The store has a separate, enclosed, designated smoking
864+2 room that is adequately ventilated to prevent migration of
865+3 smoke to nonsmoking areas.
866+4 (D) Smoking is allowed only in the room described in clause
867+5 (C).
868+6 (E) Individuals who are less than twenty-one (21) years of age
869+7 are prohibited from entering into the room described in clause
870+8 (C).
871+9 (F) Cigarette smoking is not allowed on the premises of the
872+10 store.
873+11 (G) The owner or operator of the store posts a conspicuous
874+12 sign on the premises of the store that displays the message that
875+13 cigarette smoking is prohibited.
876+14 (H) The store does not prepare any food or beverage that
877+15 would require a certified food protection manager under
878+16 IC 16-42-5.2.
879+17 (12) The premises of a business that is located in the business
880+18 owner's private residence (as defined in IC 3-5-2-42.5) if the only
881+19 employees of the business who work in the residence are the
882+20 owner and other individuals who reside in the residence.
883+21 (13) That part of a hotel designated as an outside patio or
884+22 terrace that contains a bar under IC 7.1-3-20-27, to which all
885+23 of the following apply:
886+24 (A) The designated smoking area on the outside patio or
887+25 terrace is delineated from the rest of the outside patio or
888+26 terrace by a barrier that is at least eighteen (18) inches in
889+27 height.
890+28 (B) The designated smoking area is located at least twenty
891+29 (20) feet from any entrance to the hotel.
892+30 (C) Individuals less than twenty-one (21) years of age are
893+31 not allowed in the designated smoking area.
894+32 (b) The owner, operator, manager, or official in charge of an
895+33 establishment or premises in which smoking is allowed under this
896+34 section shall post conspicuous signs in the establishment that read
897+35 "WARNING: Smoking Is Allowed In This Establishment" or other
898+36 similar language.
899+37 (c) This section does not allow smoking in the following enclosed
900+38 areas of an establishment or premises described in subsection (a)(1)
901+39 through (a)(11):
902+40 (1) Any hallway, elevator, or other common area where an
903+41 individual who is less than twenty-one (21) years of age is
904+42 permitted.
905+EH 1197—LS 6558/DI 137 21
906+1 (2) Any room that is intended for use by an individual who is less
907+2 than twenty-one (21) years of age.
908+3 (d) The owner, operator, or manager of an establishment or premises
909+4 that is listed under subsection (a) and that allows smoking shall provide
910+5 a verified statement to the commission that states that the establishment
911+6 or premises qualifies for the exemption. The commission may require
912+7 the owner, operator, or manager of an establishment or premises to
913+8 provide documentation or additional information concerning the
914+9 exemption of the establishment or premises.
915+EH 1197—LS 6558/DI 137 22
916+COMMITTEE REPORT
917+Mr. Speaker: Your Committee on Public Policy, to which was
918+referred House Bill 1197, has had the same under consideration and
919+begs leave to report the same back to the House with the
920+recommendation that said bill be amended as follows:
921+Page 8, between lines 29 and 30, begin a new paragraph and insert:
922+"SECTION 11. IC 7.1-3-20-29, AS AMENDED BY P.L.121-2022,
416923 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
417924 JULY 1, 2024]: Sec. 29. (a) As used in this section, "food hall" means
418925 the premises:
419926 (1) located within a retail shopping and food service district; and
420927 (2) to which a master permit is issued under this section.
421928 (b) As used in this section, "master permit" means a food hall master
422929 permit issued under this section.
423-HEA 1197 — Concur 11
424930 (c) Except as provided in subsection (d), the commission may issue
425931 a master permit, which is a three-way retailer's permit for on premises
426932 consumption, to a food hall located in a retail shopping and food
427933 service district that meets the following requirements:
428934 (1) The district consists of an area that:
429935 (A) has been redeveloped, renovated, or environmentally
430936 remediated in part with grants from the federal, state, or local
431937 government under IC 36-7-11; and
432938 (B) is entirely located within an incorporated city or town.
433939 (2) The district consists of land and a building or group of
434940 buildings that are part of a common development.
435941 (3) The district is located within a locally designated historic
436942 district under IC 36-7-11 established by a city or town ordinance.
437943 (4) The district contains at least one (1) building that:
438944 (A) is on the list of the National Register for Historic Places or
439945 qualifies as a historic building worthy of preservation under
440946 IC 36-7-11; and
441947 (B) has been approved for present commercial use by the local
442948 historic preservation commission of the city or town.
443949 (d) Subsection (c)(3) and (c)(4) does not apply to a food hall that
444950 meets one (1) of the following descriptions:
445951 (1) The food hall:
446952 (A) is located within a certified technology park established
447953 under IC 36-7-32; and
448954 (2) (B) operates within a previously vacant building that was,
449955 or within a complex of buildings that were:
450956 (A) (i) placed in service at least twenty-five (25) years prior
957+EH 1197—LS 6558/DI 137 23
451958 to the redevelopment of the building or buildings; and
452959 (B) (ii) owned by a unit of local government or a public
453960 charitable trust prior to redevelopment.
454961 (2) The food hall:
455962 (A) contains not less than ten (10) distinct nonaffiliated
456963 food and beverage vendors; and
457964 (B) is located within a mixed use development or
458965 redevelopment project with a total investment of at least
459966 one hundred million dollars ($100,000,000).
460967 (e) The commission may issue a master permit to the owner or
461968 developer of a food hall. The food hall constitutes a single permit
462969 premises that:
463970 (1) contains not less than seven (7) distinct, nonaffiliated retail
464971 food and beverage vendors, each of which may apply for a food
465972 hall vendor permit under section 30 of this chapter; and
466-HEA 1197 — Concur 12
467973 (2) has a seating capacity of the type traditionally designed for
468974 food and drink for at least one hundred (100) people.
469975 (f) An applicant for a master permit shall post notice and appear in
470976 front of the local board in which the permit premises is situated. The
471977 local board shall determine the eligibility of the applicant under this
472978 section and hear evidence in support of or against the master permit
473979 location. A master permit may not be transferred to a location outside
474980 the food hall permit premises. A permit that is inactive for more than
475981 six (6) months shall revert back to the commission or may be deposited
476982 with the commission under IC 7.1-3-1.1 with the commission's
477983 permission.
478984 (g) A master permit authorized by this section may be issued
479985 without regard to the proximity provisions of IC 7.1-3-21-11 or the
480986 quota provisions of IC 7.1-3-22.
481987 (h) The commission may not require physical separation between a
482-bar area and a dining area in a food hall.
483-SECTION 14. IC 7.1-3-21-0.1 IS REPEALED [EFFECTIVE JULY
484-1, 2024]. Sec. 0.1. Notwithstanding the amendments made to sections
485-3, 5, 5.2, and 5.4 of this chapter by P.L.72-2004, the residency
486-requirement of five (5) years for beer wholesalers under sections 3, 5,
487-5.2, and 5.4 of this chapter (as those provisions existed on June 30,
488-2004) shall remain in effect for all contracts entered into before July 1,
489-2004, under which a permit is to be transferred from an Indiana
490-resident to a person who was not an Indiana resident at the time of
491-execution of the contract.
492-SECTION 15. IC 7.1-3-21-15, AS AMENDED BY P.L.79-2022,
988+bar area and a dining area in a food hall.".
989+Page 8, between lines 38 and 39, begin a new paragraph and insert:
990+"SECTION 13. IC 7.1-3-21-15, AS AMENDED BY P.L.79-2022,
493991 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
494992 JULY 1, 2024]: Sec. 15. (a) This section does not apply to an
495993 employee's permit under IC 7.1-3-18-9.
496994 (b) The commission shall not renew or transfer a wholesaler,
497995 retailer, dealer, or other permit of any type if the applicant:
498996 (1) is seeking a renewal and the applicant has not paid all the
499997 property taxes under IC 6-1.1 and the innkeeper's tax under IC 6-9
500998 that are due currently;
501999 (2) is seeking a transfer and the applicant has not paid all the
1000+EH 1197—LS 6558/DI 137 24
5021001 property taxes under IC 6-1.1 and innkeeper's tax under IC 6-9 for
5031002 the assessment periods during which the transferor held the
5041003 permit;
5051004 (3) is seeking a renewal or transfer and is at least thirty (30) days
5061005 delinquent in remitting state gross retail taxes under IC 6-2.5 or
5071006 withholding taxes required to be remitted under IC 6-3-4;
5081007 (4) is on the most recent tax warrant list supplied to the
509-HEA 1197 — Concur 13
5101008 commission by the department of state revenue; or
5111009 (5) does not provide the commission with property tax clearance
5121010 Form 1. with an embossed seal from the county treasurer.
5131011 (c) The commission shall renew or transfer a permit that the
5141012 commission denied under subsection (b) when the appropriate one (1)
5151013 of the following occurs:
5161014 (1) The person, if seeking a renewal, provides to the commission
5171015 a statement from the county treasurer of the county in which the
5181016 property of the applicant was assessed indicating that all the
5191017 property taxes under IC 6-1.1 and, in a county where the county
5201018 treasurer collects the innkeeper's tax, the innkeeper's tax under
5211019 IC 6-9 that were delinquent have been paid.
5221020 (2) The person, if seeking a transfer of ownership, provides to the
5231021 commission a statement from the county treasurer of the county
5241022 in which the property of the transferor was assessed indicating
5251023 that all the property taxes under IC 6-1.1 and, in a county where
5261024 the county treasurer collects the innkeeper's tax, the innkeeper's
5271025 tax under IC 6-9 have been paid for the assessment periods during
5281026 which the transferor held the permit.
5291027 (3) The person provides to the commission a statement from the
5301028 commissioner of the department of state revenue indicating that
5311029 the person's tax warrant has been satisfied, including any
5321030 delinquency in innkeeper's tax if the state collects the innkeeper's
5331031 tax for the county in which the person seeks the permit.
5341032 (4) The commission receives a notice from the commissioner of
5351033 the department of state revenue under IC 6-8.1-8-2(k).
5361034 (5) The commission receives a notice from the commissioner of
5371035 the department of state revenue stating that the state gross retail
5381036 and withholding taxes described in subsection (b)(3) have been
5391037 remitted to the department.
5401038 (d) The commission shall not issue a new wholesaler, retailer,
5411039 dealer, or other permit of any type if the applicant:
5421040 (1) has not paid all the applicant's property taxes under IC 6-1.1
5431041 and innkeeper's tax under IC 6-9 that are due;
5441042 (2) is at least thirty (30) days delinquent in remitting state gross
1043+EH 1197—LS 6558/DI 137 25
5451044 retail taxes under IC 6-2.5 or withholding taxes required to be
5461045 remitted under IC 6-3-4;
5471046 (3) is on the most recent tax warrant list supplied to the
5481047 commission by the department of state revenue; or
5491048 (4) does not provide the commission with property tax clearance
5501049 Form 1. with an embossed seal from the county treasurer.
5511050 (e) The commission shall issue a new permit that the commission
552-HEA 1197 — Concur 14
5531051 denied under subsection (d) when one (1) of the following occurs:
5541052 (1) The applicant provides to the commission a statement from
5551053 the commissioner of the department of state revenue indicating
5561054 that the applicant's tax warrant has been satisfied, including any
5571055 delinquency in innkeeper's tax if the state collects the innkeeper's
5581056 tax for the county in which the applicant seeks the permit.
5591057 (2) The commission receives a notice of release from the
5601058 commissioner of the department of state revenue under
5611059 IC 6-8.1-8-2(k).
5621060 (3) The commission receives a notice from the commissioner of
5631061 the department of state revenue stating that the state gross retail
5641062 and withholding taxes described in subsection (d)(2) have been
5651063 remitted to the department.
5661064 (f) An applicant for issuance of a new permit, renewal, or transfer
5671065 may not be considered delinquent in the payment of a listed tax (as
5681066 defined by IC 6-8.1-1-1) if the applicant has filed a proper protest
5691067 under IC 6-8.1-5-1 contesting the remittance of those taxes. The
5701068 applicant shall be considered delinquent in the payment of those taxes
5711069 if the applicant does not remit the taxes owed to the state department
5721070 of revenue after the later of the following:
5731071 (1) The expiration of the period in which the applicant may appeal
5741072 the listed tax to the tax court, in the case of an applicant who does
5751073 not file a timely appeal of the listed tax.
5761074 (2) When a decision of the tax court concerning the applicant's
5771075 appeal of the listed tax becomes final, in the case of an applicant
5781076 who files a timely appeal of the listed tax.
5791077 (g) The commission may require that an applicant for the issuance
5801078 of a new permit, renewal, or transfer of a wholesaler's, retailer's, or
5811079 dealer's, or other permit of any type furnish proof of the payment of a
5821080 listed tax (as defined by IC 6-8.1-1-1), tax warrant, or taxes imposed by
5831081 IC 6-1.1 or receipt of property tax clearance Form 1. with an embossed
5841082 seal from the county treasurer.
5851083 (h) The commission may issue to any applicant for renewal of a
5861084 permit that is delinquent in the payment of a listed tax (as defined in
5871085 IC 6-8.1-1-1) not more than one (1) ninety (90) day extension of the
588-term of the permit.
589-SECTION 16. IC 7.1-3-23-34 IS AMENDED TO READ AS
590-FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 34. Final Action of
591-Commission. The commission shall take final action within ten (10)
592-days after the hearing and enter an appropriate order in the matter and
593-shall notify the applicant, or permittee, of its action by registered mail
594-or electronic communication.
595-HEA 1197 — Concur 15
596-SECTION 17. IC 7.1-3-23-45, AS AMENDED BY P.L.207-2013,
597-SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
598-JULY 1, 2024]: Sec. 45. (a) Upon receiving a court order issued under
599-IC 31-16-12-13 (or IC 31-14-12-10 before its repeal), the commission
600-shall:
601-(1) suspend the employee's permit of; or
602-(2) deny an employee's permit or the renewal of an employee's
603-permit to;
604-the person who is the subject of the order.
605-(b) Upon receiving a court order issued under IC 31-16-12-13 (or
606-IC 31-14-12-10 before its repeal), the commission shall promptly mail
607-a or send electronic notice to the last known mailing or electronic
608-mailing address of the person who is the subject of the order that states
609-the following:
610-(1) That the:
611-(A) person's employee's permit has been suspended, beginning
612-five (5) business days after the date the notice is mailed; sent;
613-and
614-(B) suspension will end ten (10) business days after the
615-commission receives an order from the court that ordered the
616-suspension authorizing reinstatement of the person's
617-employee's permit.
618-(2) That the person has the right to petition for reinstatement of
619-the employee's permit to the court that ordered the suspension.
620-(c) The commission may not reinstate an employee's permit
621-suspended under this section until the commission receives an order
622-from the court that ordered the suspension authorizing reinstatement of
623-the person's employee's permit.
624-SECTION 18. IC 7.1-3-30-1, AS ADDED BY P.L.121-2022,
1086+EH 1197—LS 6558/DI 137 26
1087+term of the permit.".
1088+Page 9, between lines 30 and 31, begin a new paragraph and insert:
1089+"SECTION 16. IC 7.1-3-30-1, AS ADDED BY P.L.121-2022,
6251090 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6261091 JULY 1, 2024]: Sec. 1. The following terms apply throughout this
6271092 chapter:
6281093 (1) "Craft manufacturer" means a person who holds:
6291094 (A) a small brewery permit under IC 7.1-3-2-7(5);
6301095 (B) a farm winery permit under IC 7.1-3-12; or
6311096 (C) an artisan distiller's permit under IC 7.1-3-27.
6321097 (2) "Holder" means a person who holds a temporary craft
6331098 manufacturer hospitality permit.
6341099 (3) "Hospitality permit" means a temporary craft manufacturer
6351100 hospitality permit issued under this chapter.
6361101 (4) "Host permittee" means a:
6371102 (A) person who holds:
638-HEA 1197 — Concur 16
6391103 (A) (i) a civic center permit under IC 7.1-3-1-25;
6401104 (B) (ii) a permit under IC 7.1-3-20-18 through
6411105 IC 7.1-3-20-21 (hotel);
6421106 (C) (iii) a permit under IC 7.1-3-21-14 (state fair grounds);
6431107 (D) (iv) a permit under IC 7.1-3-20-16.8 (economic
6441108 development area); or
6451109 (E) (v) a permit under IC 7.1-3-17.8 (state park); or
6461110 (B) craft manufacturer.
6471111 (5) "Temporary event" means an event listed in section 4 of this
648-chapter for which the commission issues a hospitality permit.
649-SECTION 19. IC 7.1-3-31-2, AS ADDED BY P.L.167-2023,
650-SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
651-JULY 1, 2024]: Sec. 2. As used in this chapter, "designated permittee"
652-means a retailer permittee that:
653-(1) has licensed premises holds a retailer or craft manufacturer
654-permit located within a refreshment area;
655-(2) has submitted a completed application to the municipality to
656-participate in the refreshment area as a designated permittee; and
657-(3) is designated by the commission under section 9 of this
658-chapter.
659-SECTION 20. IC 7.1-5-11-1.5, AS AMENDED BY P.L.159-2014,
660-SECTION 87, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
661-JULY 1, 2024]: Sec. 1.5. (a) Except as provided in IC 7.1-3-26, it is
662-unlawful for a person in the business of selling alcoholic beverages in
663-Indiana or outside Indiana to ship or cause to be shipped an alcoholic
664-beverage directly to a person in Indiana who does not hold a valid
665-wholesaler permit under this title. This includes the ordering and
666-selling of alcoholic beverages over a computer network (as defined by
667-IC 35-43-2-3(a)).
668-(b) An in-state or an out-of-state vintner, distiller, brewer, rectifier,
669-or importer that:
670-(1) holds a basic permit from the federal Bureau of Alcohol,
671-Tobacco, Firearms and Explosives; Alcohol and Tobacco Tax
672-and Trade Bureau, or its successor agency; and
673-(2) knowingly violates subsection (a);
674-commits a Class A misdemeanor.
675-(c) A person who is not an in-state or an out-of-state vintner,
676-distiller, brewer, rectifier, or importer that holds a basic permit from the
677-federal Bureau of Alcohol, Tobacco, Firearms and Explosives Alcohol
678-and Tobacco Tax and Trade Bureau, or its successor agency, who
679-knowingly violates subsection (a) commits a Level 6 felony.
680-(d) Upon a determination by the commission that a person has
681-HEA 1197 — Concur 17
682-violated subsection (a), a wholesaler may not accept a shipment of
683-alcoholic beverages from the person for a period of up to one (1) year
684-as determined by the commission.
685-(e) If the chairman of the alcohol and tobacco commission or the
686-attorney general determines that a vintner, distiller, brewer, rectifier, or
687-importer that holds a basic permit from the federal Bureau of Alcohol,
688-Tobacco, Firearms and Explosives Alcohol and Tobacco Tax and
689-Trade Bureau, or its successor agency, has made an illegal shipment
690-of an alcoholic beverage to consumers in Indiana, the chairman shall:
691-(1) notify the federal Bureau of Alcohol, Tobacco, Firearms and
692-Explosives Alcohol and Tobacco Tax and Trade Bureau, or its
693-successor agency, in writing and by certified mail of the official
694-determination that state law has been violated; and
695-(2) request the federal bureau to take appropriate action.
696-(f) The commission shall adopt rules under IC 4-22-2 to implement
697-this section.
698-SECTION 21. IC 7.1-5-12-5, AS AMENDED BY P.L.49-2020,
1112+chapter for which the commission issues a hospitality permit.".
1113+Renumber all SECTIONS consecutively.
1114+and when so amended that said bill do pass.
1115+(Reference is to HB 1197 as introduced.)
1116+MANNING
1117+Committee Vote: yeas 13, nays 0.
1118+_____
1119+COMMITTEE REPORT
1120+Madam President: The Senate Committee on Public Policy, to which
1121+was referred House Bill No. 1197, has had the same under
1122+consideration and begs leave to report the same back to the Senate with
1123+EH 1197—LS 6558/DI 137 27
1124+the recommendation that said bill be AMENDED as follows:
1125+Page 7, between lines 29 and 30, begin a new paragraph and insert:
1126+"(h) Except as provided in section 16.3 of this chapter, the
1127+commission may issue new three-way permits as follows:
1128+(1) Two (2) new three-way permits to the city of Delphi.
1129+(2) Two (2) new three-way permits to the Hoosier Heartland
1130+Corridor Overlay District (as created by Carroll County
1131+Ordinance No. 2009-15).
1132+(i) The following apply to permits issued under subsection (h):
1133+(1) An applicant for a permit under subsection (h) must be a
1134+proprietor, an owner or lessee, or both, of a restaurant
1135+located within an economic development area, an area
1136+needing redevelopment, or a redevelopment district as
1137+established under IC 36-7-14 in a municipality's:
1138+(A) downtown redevelopment district; or
1139+(B) downtown economic revitalization area.
1140+(2) The cost of an initial permit is forty thousand dollars
1141+($40,000).
1142+(3) The total number of active permits issued under
1143+subsection (h) may not exceed the four (4) new three-way
1144+permits, as set forth in that subsection.
1145+(4) The municipality may adopt an ordinance under
1146+IC 7.1-3-19-17 requiring a permit holder to enter into a
1147+formal written commitment as a condition of eligibility for a
1148+permit. As set forth in IC 7.1-3-19-17(b), a formal written
1149+commitment is binding on the permit holder and on any lessee
1150+or proprietor of the permit premises.
1151+(5) Notwithstanding IC 7.1-3-1.1, if business operations cease
1152+at the permit premises for more than six (6) months, the
1153+permit shall revert to the commission and the permit holder
1154+is not entitled to any refund or other compensation.
1155+(6) Except as provided in subdivision (8), the ownership of a
1156+permit may not be transferred.
1157+(7) A permit may not be transferred from the premises for
1158+which the permit was issued.
1159+(8) If the area in which the permit issued to a premises under
1160+subsection (h) is located is no longer designated an economic
1161+development area, an area needing redevelopment, or a
1162+redevelopment district, a permit issued under this section may
1163+be renewed, and the ownership of the permit may be
1164+transferred, but the permit may not be transferred from the
1165+permit premises.
1166+EH 1197—LS 6558/DI 137 28
1167+SECTION 9. IC 7.1-3-20-27, AS AMENDED BY P.L.167-2023,
1168+SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1169+JULY 1, 2024]: Sec. 27. (a) This section applies to the premises of a
1170+restaurant or hotel.
1171+(b) Subject to subsection (c), the holder of a retailer's permit that is
1172+issued for the premises of a restaurant or hotel may sell or dispense,
1173+for on-premises consumption only, alcoholic beverages, for which the
1174+permittee holds the appropriate permit, from either:
1175+(1) a bar located on the licensed premises; or
1176+(2) a service window with a three (3) foot permanent barrier
1177+located within one hundred seventy-five (175) feet of a bar
1178+located on the licensed premises;
1179+that opens to an outside patio or terrace that is contiguous to the main
1180+building of the licensed premises of the restaurant or hotel.
1181+(c) The holder of a retailer's permit that is issued for the premises of
1182+a restaurant or hotel may sell or dispense alcoholic beverages as
1183+provided under subsection (b) only if all the following conditions are
1184+met:
1185+(1) The patio or terrace area described in subsection (b) is:
1186+(A) part of the licensed premises; and
1187+(B) clearly delineated and completely enclosed on all sides by
1188+a barrier that is at least eighteen (18) inches in height.
1189+(2) Minors are allowed on the licensed premises at an outside
1190+patio or terrace that contains a bar under subsection (b) only in
1191+accordance with IC 7.1-5-7-11.".
1192+Page 15, after line 11, begin a new paragraph and insert:
1193+"SECTION 20. IC 7.1-5-12-5, AS AMENDED BY P.L.49-2020,
6991194 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7001195 JULY 1, 2024]: Sec. 5. (a) Except as provided in subsection (c) and
7011196 subject to section 13 of this chapter, smoking may be allowed in the
7021197 following:
7031198 (1) A horse racing facility operated under a permit under
7041199 IC 4-31-5 and any other permanent structure on land owned or
7051200 leased by the owner of the facility that is adjacent to the facility.
7061201 (2) A riverboat (as defined in IC 4-33-2-17) and any other
7071202 permanent structure that is:
7081203 (A) owned or leased by the owner of the riverboat; and
7091204 (B) located on land that is adjacent to:
7101205 (i) the dock to which the riverboat is moored; or
7111206 (ii) the land on which the riverboat is situated in the case of
7121207 a riverboat described in IC 4-33-2-17(2).
7131208 (3) A facility that operates under a gambling game license under
1209+EH 1197—LS 6558/DI 137 29
7141210 IC 4-35-5 and any other permanent structure on land owned or
7151211 leased by the owner of the facility that is adjacent to the facility.
7161212 (4) A satellite facility licensed under IC 4-31-5.5.
7171213 (5) An establishment owned or leased by a business that meets the
7181214 following requirements:
7191215 (A) The business was in business and permitted smoking on
7201216 December 31, 2012.
7211217 (B) The business prohibits entry by an individual who is less
7221218 than twenty-one (21) years of age.
7231219 (C) The owner or operator of the business holds a beer, liquor,
724-HEA 1197 — Concur 18
7251220 or wine retailer's permit.
7261221 (D) The business limits smoking in the establishment to
7271222 smoking with a waterpipe or hookah device.
7281223 (E) During the preceding calendar year, at least ten percent
7291224 (10%) of the business's annual gross income was from the sale
7301225 of loose tobacco for use in a waterpipe or hookah device.
7311226 (F) The person in charge of the business posts in the
7321227 establishment conspicuous signs that display the message that
7331228 cigarette smoking is prohibited.
7341229 (6) An establishment owned or leased by a business that meets the
7351230 following requirements:
7361231 (A) The business prohibits entry by an individual who is less
7371232 than twenty-one (21) years of age.
7381233 (B) The owner or operator of the business holds a beer, liquor,
7391234 or wine retailer's permit.
7401235 (C) The business limits smoking in the establishment to cigar
7411236 smoking.
7421237 (D) During the preceding calendar year, at least ten percent
7431238 (10%) of the business's annual gross income was from the sale
7441239 of cigars and the rental of onsite humidors.
7451240 (E) The person in charge of the business posts in the
7461241 establishment conspicuous signs that display the message that
7471242 cigarette smoking is prohibited.
7481243 (7) A premises owned or leased by and regularly used for the
7491244 activities of a business that meets all of the following:
7501245 (A) The business is exempt from federal income taxation
7511246 under 26 U.S.C. 501(c).
7521247 (B) The business:
7531248 (i) meets the requirements to be considered a club under
7541249 IC 7.1-3-20-1; or
7551250 (ii) is a fraternal club (as defined in IC 7.1-3-20-7).
7561251 (C) The business provides food or alcoholic beverages only to
1252+EH 1197—LS 6558/DI 137 30
7571253 its bona fide members and their guests.
7581254 (D) The business:
7591255 (i) provides a separate, enclosed, designated smoking room
7601256 or area that is adequately ventilated to prevent migration of
7611257 smoke to nonsmoking areas of the premises;
7621258 (ii) allows smoking only in the room or area described in
7631259 item (i);
7641260 (iii) does not allow an individual who is less than twenty-one
7651261 (21) years of age to enter into the room or area described in
7661262 item (i); and
767-HEA 1197 — Concur 19
7681263 (iv) allows a guest in the smoking room or area described in
7691264 item (i) only when accompanied by a bona fide member of
7701265 the business.
7711266 (8) A retail tobacco store used primarily for the sale of tobacco
7721267 products and tobacco accessories that meets the following
7731268 requirements:
7741269 (A) The owner or operator of the store holds a valid tobacco
7751270 sales certificate issued under IC 7.1-3-18.5.
7761271 (B) The store prohibits entry by an individual who is less than
7771272 twenty-one (21) years of age.
7781273 (C) The sale of products other than tobacco products and
7791274 tobacco accessories is merely incidental.
7801275 (D) The sale of tobacco products accounts for at least
7811276 eighty-five percent (85%) of the store's annual gross sales.
7821277 (E) Food or beverages are not sold in a manner that requires
7831278 consumption on the premises, and there is not an area set aside
7841279 for customers to consume food or beverages on the premises.
7851280 (9) A bar or tavern:
7861281 (A) for which a permittee holds:
7871282 (i) a beer retailer's permit under IC 7.1-3-4;
7881283 (ii) a liquor retailer's permit under IC 7.1-3-9; or
7891284 (iii) a wine retailer's permit under IC 7.1-3-14;
7901285 (B) that does not employ an individual who is less than
7911286 eighteen (18) years of age;
7921287 (C) that does not allow an individual who:
7931288 (i) is less than twenty-one (21) years of age; and
7941289 (ii) is not an employee of the bar or tavern;
7951290 to enter any area of the bar or tavern; and
7961291 (D) that is not located in a business that would otherwise be
7971292 subject to this chapter.
7981293 (10) A cigar manufacturing facility that does not offer retail sales.
7991294 (11) A premises of a cigar specialty store to which all of the
1295+EH 1197—LS 6558/DI 137 31
8001296 following apply:
8011297 (A) The owner or operator of the store holds a valid tobacco
8021298 sales certificate issued under IC 7.1-3-18.5.
8031299 (B) The sale of tobacco products and tobacco accessories
8041300 account for at least fifty percent (50%) of the store's annual
8051301 gross sales.
8061302 (C) The store has a separate, enclosed, designated smoking
8071303 room that is adequately ventilated to prevent migration of
8081304 smoke to nonsmoking areas.
8091305 (D) Smoking is allowed only in the room described in clause
810-HEA 1197 — Concur 20
8111306 (C).
8121307 (E) Individuals who are less than twenty-one (21) years of age
8131308 are prohibited from entering into the room described in clause
8141309 (C).
8151310 (F) Cigarette smoking is not allowed on the premises of the
8161311 store.
8171312 (G) The owner or operator of the store posts a conspicuous
8181313 sign on the premises of the store that displays the message that
8191314 cigarette smoking is prohibited.
8201315 (H) The store does not prepare any food or beverage that
8211316 would require a certified food protection manager under
8221317 IC 16-42-5.2.
8231318 (12) The premises of a business that is located in the business
8241319 owner's private residence (as defined in IC 3-5-2-42.5) if the only
8251320 employees of the business who work in the residence are the
8261321 owner and other individuals who reside in the residence.
8271322 (13) That part of a hotel designated as an outside patio or
8281323 terrace that contains a bar under IC 7.1-3-20-27, to which all
8291324 of the following apply:
8301325 (A) The designated smoking area on the outside patio or
8311326 terrace is delineated from the rest of the outside patio or
8321327 terrace by a barrier that is at least eighteen (18) inches in
8331328 height.
8341329 (B) The designated smoking area is located at least twenty
8351330 (20) feet from any entrance to the hotel.
8361331 (C) Individuals less than twenty-one (21) years of age are
8371332 not allowed in the designated smoking area.
8381333 (b) The owner, operator, manager, or official in charge of an
8391334 establishment or premises in which smoking is allowed under this
8401335 section shall post conspicuous signs in the establishment that read
8411336 "WARNING: Smoking Is Allowed In This Establishment" or other
8421337 similar language.
1338+EH 1197—LS 6558/DI 137 32
8431339 (c) This section does not allow smoking in the following enclosed
8441340 areas of an establishment or premises described in subsection (a)(1)
8451341 through (a)(11):
8461342 (1) Any hallway, elevator, or other common area where an
8471343 individual who is less than twenty-one (21) years of age is
8481344 permitted.
8491345 (2) Any room that is intended for use by an individual who is less
8501346 than twenty-one (21) years of age.
8511347 (d) The owner, operator, or manager of an establishment or premises
8521348 that is listed under subsection (a) and that allows smoking shall provide
853-HEA 1197 — Concur 21
8541349 a verified statement to the commission that states that the establishment
8551350 or premises qualifies for the exemption. The commission may require
8561351 the owner, operator, or manager of an establishment or premises to
8571352 provide documentation or additional information concerning the
858-exemption of the establishment or premises.
859-HEA 1197 — Concur Speaker of the House of Representatives
860-President of the Senate
861-President Pro Tempore
862-Governor of the State of Indiana
863-Date: Time:
864-HEA 1197 — Concur
1353+exemption of the establishment or premises.".
1354+Renumber all SECTIONS consecutively.
1355+and when so amended that said bill do pass.
1356+(Reference is to HB 1197 as printed January 23, 2024.)
1357+ALTING, Chairperson
1358+Committee Vote: Yeas 9, Nays 0.
1359+_____
1360+SENATE MOTION
1361+Madam President: I move that Engrossed House Bill 1197 be
1362+amended to read as follows:
1363+Page 2, between lines 17 and 18, begin a new paragraph and insert:
1364+"SECTION 4. IC 7.1-3-1-25, AS AMENDED BY P.L.285-2019,
1365+SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1366+JULY 1, 2024]: Sec. 25. (a) A county, city, town, or township that by
1367+itself or in combination with any other body of a county, city, town, or
1368+township acquires by ownership or by lease any stadium, exhibition
1369+hall, auditorium, theater, convention center, or civic center, or park or
1370+public recreation area with a permanent event or entertainment
1371+space may permit the retail sale of alcoholic beverages upon the
1372+premises if the governing board of the facility first applies for and
1373+secures the necessary permits as required by this title.
1374+(b) A county or township may be issued a permit for the retail sale
1375+of alcoholic beverages on the premises of any community center,
1376+EH 1197—LS 6558/DI 137 33
1377+including a clubhouse, pavilion, or social center that is located within
1378+a public park or operated by the township.
1379+(c) A county, city, town, or township that owns a golf course may
1380+permit the retail sale of alcoholic beverages upon the premises of the
1381+golf course if the governing board of the golf course first applies for
1382+and secures the necessary permits required by this title.
1383+(d) A county, city, town, or township that owns a marina may be
1384+issued a permit for the retail sale of alcoholic beverages on the
1385+premises of the marina. The permit may include the carryout sale of
1386+alcoholic beverages in accordance with IC 7.1-3-4-6(c),
1387+IC 7.1-3-9-9(c), IC 7.1-3-14-4(c), and 905 IAC 1-29 but may not
1388+include at-home delivery of alcoholic beverages. However, the county,
1389+city, town, or township must apply for and secure the necessary permits
1390+that this title requires.
1391+(e) Notwithstanding subsection (a), the commission may issue a
1392+civic center permit to a person that:
1393+(1) by the person's self or in combination with another person is
1394+the proprietor, as owner or lessee, of an entertainment complex;
1395+or
1396+(2) has an agreement with a person described in subdivision (1)
1397+to act as a concessionaire for the entertainment complex for the
1398+full period for which the permit is to be issued.".
1399+Page 2, line 24, delete "applicant or" and insert "applicant, or".
1400+Page 7, delete lines 30 through 35, begin a new paragraph and
1401+insert:
1402+"(h) Except as provided in section 16.3 of this chapter, the
1403+commission may issue to the city of Delphi not more than two (2)
1404+new three-way permits under this subsection.".
1405+Page 8, line 5, delete "four (4)" and insert "two (2)".
1406+Page 8, line 35, delete "either:".
1407+Page 8, line 36, delete "(1)".
1408+Page 8, line 36, delete "; or".
1409+Page 8, delete lines 37 through 39.
1410+Page 8, run in lines 35 through 41.
1411+Renumber all SECTIONS consecutively.
1412+(Reference is to EHB 1197 as printed February 16, 2024.)
1413+ALTING
1414+EH 1197—LS 6558/DI 137