January 7, 2013, read first time and referred to Committee on Public Policy.
Introduced
First Regular Session 118th General Assembly (2013)
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SENATE BILL No. 100
A BILL FOR AN ACT to amend the Indiana Code concerning
alcohol and tobacco.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 7.1-3-2-7; (13)IN0100.1.1. -->
SECTION 1. IC 7.1-3-2-7, AS AMENDED BY P.L.71-2012,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 7. The holder of a brewer's permit or an
out-of-state brewer holding either a primary source of supply permit or
an out-of-state brewer's permit may do the following:
(1) Manufacture beer.
(2) Place beer in containers or bottles.
(3) Transport beer.
(4) Sell and deliver beer to a person holding a beer wholesaler's
permit issued under IC 7.1-3-3.
(5) If the brewer's brewery manufactures not more than thirty
thousand (30,000) barrels of beer in a calendar year for sale or
distribution within Indiana, the permit holder may do the
following:
(A) Sell and deliver beer to a person holding a retailer or a
dealer permit under this title.
(B) Be the proprietor of a restaurant.
(C) Hold a beer retailer's permit, a wine retailer's permit, or a
liquor retailer's permit for a restaurant established under clause
(B).
(D) Transfer beer directly from the brewery to the restaurant
by means of:
(i) bulk containers; or
(ii) a continuous flow system.
(E) Install a window between the brewery and an adjacent
restaurant that allows the public and the permittee to view both
premises.
(F) Install a doorway or other opening between the brewery
and an adjacent restaurant that provides the public and the
permittee with access to both premises.
(G) Sell the brewery's beer by the glass for consumption on the
premises. Brewers permitted to sell beer by the glass under
this clause must furnish the minimum food requirements
prescribed by the commission.
(H) Sell and deliver beer to a consumer at the permit premises
of the brewer or at the residence of the consumer. The delivery
to a consumer may be made only in a quantity at any one (1)
time of not more than one-half (1/2) barrel, but the beer may
be contained in bottles or other permissible containers.
(I) Sell the brewery's beer as authorized by this section for
carryout on Sunday in a quantity at any one (1) time of not
more than five hundred seventy-six (576) ounces. A brewer's
beer may be sold under this clause at any address for which the
brewer holds a brewer's permit issued under this chapter if the
address is located within the same city boundaries in which the
beer was manufactured.
(J) Sell the brewer's beer to consumers for carryout at a
farmers' market that is operated on a nonprofit basis. The
delivery to a consumer may be made only in a quantity of
not more than five hundred seventy-six (576) ounces at any
one (1) time, but the beer may be contained in bottles or
other permissible containers. A sale to a consumer under
this clause may not be made on Sunday.
(6) If the brewer's brewery manufactures more than thirty
thousand (30,000) barrels of beer in a calendar year for sale or
distribution within Indiana, the permit holder may own a portion
of the corporate stock of another brewery that:
(A) is located in the same county as the brewer's brewery;
(B) manufactures less than thirty thousand (30,000) barrels of
beer in a calendar year; and
(C) is the proprietor of a restaurant that operates under
subdivision (5).
(7) Provide complimentary samples of beer that are:
(A) produced by the brewer; and
(B) offered to consumers for consumption on the brewer's
premises.
(8) Own a portion of the corporate stock of a sports corporation
that:
(A) manages a minor league baseball stadium located in the
same county as the brewer's brewery; and
(B) holds a beer retailer's permit, a wine retailer's permit, or a
liquor retailer's permit for a restaurant located in that stadium.
(9) For beer described in IC 7.1-1-2-3(a)(4):
(A) may allow transportation to and consumption of the beer
on the licensed premises; and
(B) may not sell, offer to sell, or allow sale of the beer on the
licensed premises.
SOURCE: IC 7.1-5-3-4; (13)IN0100.1.2. -->
SECTION 2. IC 7.1-5-3-4, AS AMENDED BY P.L.6-2012,
SECTION 62, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 4. (a) This section does not apply to the following:
(1) The necessary refilling of a container by a person holding a
permit that authorizes the person to manufacture, rectify, or bottle
liquor.
(2) An establishment where alcoholic beverages are sold that is
owned, in whole or part, by an entity that holds a brewer's permit
for a brewery described under IC 7.1-3-2-7(5).
(3) An entity that sells beer at a farmers' market under
IC 7.1-3-2-7(5)(J).
(3) (4) An establishment where alcoholic beverages are sold that
is owned, in whole or part, by a statewide trade organization
consisting of members, each of whom holds a brewer's permit for
a brewery described under IC 7.1-3-2-7(5).
(b) It is unlawful for a person to:
(1) refill a bottle or container, in whole or in part, with an
alcoholic beverage; or
(2) knowingly possess a bottle or container that has been refilled,
in whole or in part, with an alcoholic beverage;
after the container of liquor has been emptied in whole or in part.