Bill Text: IN SB0144 | 2011 | Regular Session | Introduced
Bill Title: Retailer permits in annexed areas.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-01-05 - First reading: referred to Committee on Public Policy [SB0144 Detail]
Download: Indiana-2011-SB0144-Introduced.html
Citations Affected: IC 7.1-3.
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, 2011.
January 5, 2011, read first time and referred to Committee on Public Policy.
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(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 a 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 was annexed by a 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 effect 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 was 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 effect a permit that was issued under this section before
the repeal of the ordinance.
(b) This subsection applies when a city or town annexes into the city
or town unincorporated territory where a retailer's permit has been
granted before the annexation. The commission may only reclassify a
retailer's permit for a premises in the former unincorporated territory
as a permit for a premises in an incorporated city or town if the
permittee has actually conducted a business of selling alcoholic
beverages to customers for consumption on the licensed premises for
two (2) consecutive years. The period of two (2) consecutive years may
begin to run either before or after the annexation occurs. However, the
following apply when a person applies for a retailer's permit after
notice of an annexation hearing is made under IC 36-4-3-2.1 and before
the annexation occurs:
(1) The commission may grant the permit.
(2) The commission may not reclassify the permit as a permit for
a premises in an incorporated city or town.
(3) The permit may be transferred to another person.
(4) The permit may not be transferred to another location.
