Bill Text: IN SB0016 | 2013 | Regular Session | Introduced
Bill Title: Retailer permits in annexed areas.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-01-07 - First reading: referred to Committee on Public Policy [SB0016 Detail]
Download: Indiana-2013-SB0016-Introduced.html
Citations Affected: IC 7.1-3-20.
Synopsis: Retailer permits in annexed areas. Allows the alcohol and
tobacco commission to issue a three-way permit for the sale of
alcoholic beverages to proprietors of restaurants and new restaurants
if the restaurant or new restaurant: (1) is located in territory annexed by
a city or town; (2) is located in an area that has been designated an area
of economic development by the city or town; and (3) meets certain
other requirements. Allows a city or town to designate all or part of
territory annexed by the city or town as an area of economic
development if: (1) the legislative body of the city or town adopts an
ordinance defining the boundaries of the area of economic
development; and (2) the boundaries of the area of economic
development are located more than one mile outside the corporate
boundaries of the city or town as those corporate boundaries existed on
the date preceding the effective date of the annexation. Provides that
the permits are not subject to the quota restrictions. Prohibits the
permits from being transferred to another location.
Effective: July 1, 2013.
January 7, 2013, read first time and referred to Committee on Public Policy.
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or
A BILL FOR AN ACT to amend the Indiana Code concerning
alcohol and tobacco.
(1) The proprietor of the restaurant is qualified to hold a three-way permit.
(2) The restaurant meets the requirements of section 9 of this chapter.
(3) The restaurant meets the same requirements that a restaurant located outside the corporate limits of an incorporated city or town is required to meet under section 12 of this chapter.
(4) The restaurant is located in territory annexed by the city or town. The annexation must be effective before a permit may be applied for under this section.
(5) The proprietor of the restaurant applies for the permit not more than twelve (12) years after the territory in which the restaurant is located is annexed by the city or town.
(6) The restaurant is located in an area of economic development designated under subsection (d).
(b) A permit authorized by this section may be issued without regard to the quota provisions of IC 7.1-3-22.
(c) A permit authorized by this section may not be transferred to another location.
(d) A city or town may designate all or part of territory annexed by the city or town as an area of economic development, if all the following requirements are satisfied:
(1) The legislative body of the city or town adopts an ordinance defining the boundaries of the area of economic development.
(2) The boundaries of the area of economic development are located more than one (1) mile outside the corporate boundaries of the city or town as those corporate boundaries existed on the date preceding the effective date of the annexation.
Designation of an area of economic development is for purposes of this section only and does not affect, grant, or limit any other designation under the law for purposes of economic development, redevelopment, or any other purpose.
(e) The repeal of an ordinance described under subsection (d)(1) does not affect a permit that was issued under this section before the repeal of the ordinance.
(1) The proprietor of the new restaurant is qualified to hold a three-way permit.
(2) The new restaurant meets the requirements of section 9 of this chapter.
(3) The new restaurant meets the same requirements that a new restaurant located outside the corporate limits of an incorporated city or town is required to meet under section 13 of this chapter.
(4) The new restaurant is located in territory annexed by a
city or town. The annexation must be effective before a permit
may be applied for under this section.
(5) The proprietor of the new restaurant applies for the
permit not more than twelve (12) years after the territory in
which the new restaurant is located is annexed by a city or
town.
(6) The new restaurant is located in an area of economic
development designated under subsection (d).
(b) A permit authorized by this section may be issued without
regard to the quota provisions of IC 7.1-3-22.
(c) A permit authorized by this section may not be transferred
to another location.
(d) A city or town may designate all or part of territory annexed
by the city or town as an area of economic development, if all the
following requirements are satisfied:
(1) The legislative body of the city or town adopts an
ordinance defining the boundaries of the area of economic
development.
(2) The boundaries of the area of economic development are
located more than one (1) mile outside the corporate
boundaries of the city or town as those corporate boundaries
existed on the date preceding the effective date of the
annexation.
Designation of an area of economic development is for purposes of
this section only and does not affect, grant, or limit any other
designation under the law of an area for purposes of economic
development, redevelopment, or any other purpose.
(e) The repeal of an ordinance described under subsection (d)(1)
does not affect a permit that was issued under this section before
the repeal of the ordinance.
(b) Notwithstanding subsection (a), the gross food sales requirement under this section for a permittee who does business during six (6) or
fewer months of each year is an average of at least eight thousand five hundred dollars ($8,500) per month for each full month that the permittee does business.
