Indiana 2025 Regular Session

Indiana Senate Bill SB0107 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~SB0107.1~~
2		-	~~February 7, 2025~~
	1	+
	2	+	Introduced Version
3	3		SENATE BILL No. 107
4	4		_____
5		-	DIGEST OF ~~SB 107 (Updated February 5, 2025 1:28 pm - DI 137)~~
6		-	Citations Affected: IC 7.1-3.
	5	+	DIGEST OF INTRODUCED BILL
	6	+	Citations Affected: IC 7.1-3-15-3.
7	7		Synopsis: Wine delivery. Allows a wine dealer that is not a package
8	8		liquor store to deliver wine to a customer's residence or office.
9	9		Requires the wine to be delivered by the permit holder or an employee
10	10		who holds an employee permit.
11	11		Effective: July 1, 2025.
12		-	Alting, Walker K, Busch, Doriot,
13		-	Niezgodski
	12	+	Alting
14	13		January 8, 2025, read first time and referred to Committee on Public Policy.
15		-	February 6, 2025, amended, reported favorably — Do Pass.
16		-	SB 107—LS 6472/DI 87 February 7, 2025
	14	+	2025 IN 107—LS 6472/DI 87 Introduced
17	15		First Regular Session of the 124th General Assembly (2025)
18	16		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
19	17		Constitution) is being amended, the text of the existing provision will appear in this style type,
20	18		additions will appear in this style type, and deletions will appear in this style type.
21	19		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
22	20		provision adopted), the text of the new provision will appear in this style type. Also, the
23	21		word NEW will appear in that style type in the introductory clause of each SECTION that adds
24	22		a new provision to the Indiana Code or the Indiana Constitution.
25	23		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
26	24		between statutes enacted by the 2024 Regular Session of the General Assembly.
27	25		SENATE BILL No. 107
28	26		A BILL FOR AN ACT to amend the Indiana Code concerning
29	27		alcohol and tobacco.
30	28		Be it enacted by the General Assembly of the State of Indiana:
31	29		1 SECTION 1. IC 7.1-3-15-3 IS AMENDED TO READ AS
32	30		2 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 3. (a) The holder of a
33	31		3 wine dealer's permit shall be entitled to purchase wine only from a
34	32		4 permittee who is authorized to sell to a wine dealer under this title. A
35	33		5 wine dealer shall be entitled to sell wine for consumption off the
36	34		6 licensed premises only and not by the drink.
37	35		7 (b) A wine dealer shall be entitled to sell wine in permissible
38	36		8 containers in a quantity of not more than three (3) standard cases, as
39	37		9 determined under the rules of the commission, in a single transaction.
40	38		10 However, a wine dealer who is licensed under IC 7.1-3-10-4 may
41	39		11 possess wine and sell it at retail in its original package to a customer
42	40		12 only for consumption off the licensed premises.
43	41		13 (c) Unless a wine dealer is a grocery store or drug store, a wine
44	42		14 dealer may not sell or deliver alcoholic beverages or any other item
45	43		15 through a window in the licensed premises to a patron who is outside
46	44		16 the licensed premises. A wine dealer that is a grocery store or drug
47	45		17 store may sell any item except alcoholic beverages through a window
48		-	SB 107—LS 6472/DI 87 2
	46	+	2025 IN 107—LS 6472/DI 87 2
49	47		1 in the licensed premises to a person who is outside the licensed
50	48		2 premises.
51	49		3 (d) However, A wine dealer may deliver wine as follows:
52	50		4 (1) Except as provided in subdivision (2), only in permissible
53	51		5 containers to a customer's:
54	52		6 (A) residence; or
55	53		7 (B) office.
56	54		8 (2) In the case of a wine dealer who is licensed under
57	55		9 IC 7.1-3-10-4, may deliver wine only in permissible containers to
58	56		10 a customer's:
59	57		11 (A) residence;
60	58		12 (B) office; or
61	59		13 (C) designated location.
62	60		14 This A wine delivery may only be performed by the permit holder or
63	61		15 an employee who holds an employee permit. The permit holder shall
64	62		16 maintain a written record of each delivery for at least one (1) year that
65	63		17 shows the customer's name, location of delivery, and quantity sold.
66		-	18 SECTION 2. IC 7.1-3-18-9, AS AMENDED BY P.L.220-2023,
67		-	19 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
68		-	20 JULY 1, 2025]: Sec. 9. (a) The commission may issue an employee's
69		-	21 permit to a person who desires to act as:
70		-	22 (1) a clerk in a package liquor store;
71		-	23 (2) an employee who serves wine at a farm winery;
72		-	24 (3) a bartender, waiter, waitress, or manager in a retail
73		-	25 establishment, excepting dining car and boat employees; or
74		-	26 (4) an employee of a dealer licensed under IC 7.1-3-5-3, or
75		-	27 IC 7.1-3-10-7, or IC 7.1-3-15-3 to deliver beer, or liquor, or
76		-	28 wine.
77		-	29 (b) A permit authorized by this section is conditioned upon the
78		-	30 compliance by the holder with reasonable rules relating to the permit
79		-	31 which the commission may prescribe from time to time.
80		-	32 (c) A permit issued under this section entitles its holder to work for
81		-	33 any lawful employer. However, a person may work without an
82		-	34 employee's permit for thirty (30) days from the date shown on a receipt
83		-	35 for a cashier's check or money order payable to the commission for that
84		-	36 person's employee's permit application.
85		-	37 (d) A person who, for a package liquor store or retail establishment,
86		-	38 is:
87		-	39 (1) the sole proprietor;
88		-	40 (2) a partner, a general partner, or a limited partner in a
89		-	41 partnership or limited partnership that owns the business
90		-	42 establishment;
91		-	SB 107—LS 6472/DI 87 3
92		-	1 (3) a member of a limited liability company that owns the
93		-	2 business establishment; or
94		-	3 (4) a stockholder in a corporation that owns the business
95		-	4 establishment;
96		-	5 is not required to obtain an employee's permit in order to perform any
97		-	6 of the acts listed in subsection (a).
98		-	7 (e) An applicant may declare on the application form that the
99		-	8 applicant will use the employee's permit only to perform volunteer
100		-	9 service that benefits a nonprofit organization. It is unlawful for an
101		-	10 applicant who makes a declaration under this subsection to use an
102		-	11 employee's permit for any purpose other than to perform volunteer
103		-	12 service that benefits a nonprofit organization.
104		-	13 (f) The commission may not issue an employee's permit to an
105		-	14 applicant while the applicant is serving a sentence for a conviction for
106		-	15 operating while intoxicated, including any term of probation or parole.
107		-	16 (g) The commission may not issue an employee's permit to an
108		-	17 applicant who has two (2) unrelated convictions for operating while
109		-	18 intoxicated if:
110		-	19 (1) the first conviction occurred less than ten (10) years before the
111		-	20 date of the applicant's application for the permit; and
112		-	21 (2) the applicant completed the sentence for the second
113		-	22 conviction, including any term of probation or parole, less than
114		-	23 two (2) years before the date of the applicant's application for the
115		-	24 permit.
116		-	25 (h) If an applicant for an employee's permit has at least three (3)
117		-	26 unrelated convictions for operating while intoxicated in the ten (10)
118		-	27 years immediately preceding the date of the applicant's application for
119		-	28 the permit, the commission may not grant the issuance of the permit.
120		-	29 If, in the ten (10) years immediately preceding the date of the
121		-	30 applicant's application the applicant has:
122		-	31 (1) one (1) conviction for operating while intoxicated, and the
123		-	32 applicant is not subject to subsection (f); or
124		-	33 (2) two (2) unrelated convictions for operating while intoxicated,
125		-	34 and the applicant is not subject to subsection (f) or (g);
126		-	35 the commission may grant or deny the issuance of a permit.
127		-	36 (i) Except as provided under section 9.5 of this chapter, the
128		-	37 commission shall revoke a permit issued to an employee under this
129		-	38 section if:
130		-	39 (1) the employee is convicted of a Class B misdemeanor for
131		-	40 violating IC 7.1-5-10-15(a); or
132		-	41 (2) the employee is convicted of operating while intoxicated after
133		-	42 the issuance of the permit.
134		-	SB 107—LS 6472/DI 87 4
135		-	1 The commission may revoke a permit issued to an employee under this
136		-	2 section for any violation of this title or the rules adopted by the
137		-	3 commission.
138		-	SB 107—LS 6472/DI 87 5
139		-	COMMITTEE REPORT
140		-	Mr. President: The Senate Committee on Public Policy, to which
141		-	was referred Senate Bill No. 107, has had the same under consideration
142		-	and begs leave to report the same back to the Senate with the
143		-	recommendation that said bill be AMENDED as follows:
144		-	Page 2, after line 17, begin a new paragraph and insert:
145		-	"SECTION 2. IC 7.1-3-18-9, AS AMENDED BY P.L.220-2023,
146		-	SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
147		-	JULY 1, 2025]: Sec. 9. (a) The commission may issue an employee's
148		-	permit to a person who desires to act as:
149		-	(1) a clerk in a package liquor store;
150		-	(2) an employee who serves wine at a farm winery;
151		-	(3) a bartender, waiter, waitress, or manager in a retail
152		-	establishment, excepting dining car and boat employees; or
153		-	(4) an employee of a dealer licensed under IC 7.1-3-5-3, or
154		-	IC 7.1-3-10-7, or IC 7.1-3-15-3 to deliver beer, or liquor, or
155		-	wine.
156		-	(b) A permit authorized by this section is conditioned upon the
157		-	compliance by the holder with reasonable rules relating to the permit
158		-	which the commission may prescribe from time to time.
159		-	(c) A permit issued under this section entitles its holder to work for
160		-	any lawful employer. However, a person may work without an
161		-	employee's permit for thirty (30) days from the date shown on a receipt
162		-	for a cashier's check or money order payable to the commission for that
163		-	person's employee's permit application.
164		-	(d) A person who, for a package liquor store or retail establishment,
165		-	is:
166		-	(1) the sole proprietor;
167		-	(2) a partner, a general partner, or a limited partner in a
168		-	partnership or limited partnership that owns the business
169		-	establishment;
170		-	(3) a member of a limited liability company that owns the
171		-	business establishment; or
172		-	(4) a stockholder in a corporation that owns the business
173		-	establishment;
174		-	is not required to obtain an employee's permit in order to perform any
175		-	of the acts listed in subsection (a).
176		-	(e) An applicant may declare on the application form that the
177		-	applicant will use the employee's permit only to perform volunteer
178		-	service that benefits a nonprofit organization. It is unlawful for an
179		-	applicant who makes a declaration under this subsection to use an
180		-	SB 107—LS 6472/DI 87 6
181		-	employee's permit for any purpose other than to perform volunteer
182		-	service that benefits a nonprofit organization.
183		-	(f) The commission may not issue an employee's permit to an
184		-	applicant while the applicant is serving a sentence for a conviction for
185		-	operating while intoxicated, including any term of probation or parole.
186		-	(g) The commission may not issue an employee's permit to an
187		-	applicant who has two (2) unrelated convictions for operating while
188		-	intoxicated if:
189		-	(1) the first conviction occurred less than ten (10) years before the
190		-	date of the applicant's application for the permit; and
191		-	(2) the applicant completed the sentence for the second
192		-	conviction, including any term of probation or parole, less than
193		-	two (2) years before the date of the applicant's application for the
194		-	permit.
195		-	(h) If an applicant for an employee's permit has at least three (3)
196		-	unrelated convictions for operating while intoxicated in the ten (10)
197		-	years immediately preceding the date of the applicant's application for
198		-	the permit, the commission may not grant the issuance of the permit.
199		-	If, in the ten (10) years immediately preceding the date of the
200		-	applicant's application the applicant has:
201		-	(1) one (1) conviction for operating while intoxicated, and the
202		-	applicant is not subject to subsection (f); or
203		-	(2) two (2) unrelated convictions for operating while intoxicated,
204		-	and the applicant is not subject to subsection (f) or (g);
205		-	the commission may grant or deny the issuance of a permit.
206		-	(i) Except as provided under section 9.5 of this chapter, the
207		-	commission shall revoke a permit issued to an employee under this
208		-	section if:
209		-	(1) the employee is convicted of a Class B misdemeanor for
210		-	violating IC 7.1-5-10-15(a); or
211		-	(2) the employee is convicted of operating while intoxicated after
212		-	the issuance of the permit.
213		-	The commission may revoke a permit issued to an employee under this
214		-	section for any violation of this title or the rules adopted by the
215		-	commission.".
216		-	and when so amended that said bill do pass.
217		-	(Reference is to SB 107 as introduced.)
218		-	ALTING, Chairperson
219		-	Committee Vote: Yeas 9, Nays 0.
220		-	SB 107—LS 6472/DI 87
	64	+	2025 IN 107—LS 6472/DI 87