HB 1396 IN

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Became Law

Provides that if any provision, or application of any provision, concerning the manufacture, importation, distribution, or retail sale of alcoholic beverages is deemed to be in conflict with federal law or unconstitutional, certain alcoholic beverage laws shall be construed to limit rather than expand the manufacture, importation, distribution, and retail sale of alcoholic beverages through a three-tier system. Provides a definition of "three-tier system". Defines the term "channel price". Allows a wholesaler to offer a channel price to a retailer if certain conditions are met. Amends the "entertainment complex" definition. Provides that the alcohol and tobacco commission (commission) has additional powers with regard to tobacco. Provides that certain references to alcoholic beverages in bottles include alcoholic beverages in containers. Modifies certain dates concerning alcohol retailer and dealer permits that are deposited with the commission and that may revert to the commission if the permit does not become active. Requires the disclosure of the names of the officers of a corporation or other entity applying for a permit in a published notice or Internet web site. Adds requirements for a permit holder when making an initial request for deposit of a permit. Eliminates Indiana residency requirements for retailers, dealers, and brewers. Provides that residential delivery by a beer retailer, liquor retailer, or wine retailer may only be performed by the permit holder or an employee who holds an employee permit. Requires a permit holder to maintain a written record of each delivery for at least one year that shows the customer's name, location of delivery, and quantity sold. Provides for "grab and go stores" that are accessible only by ticketed event attendees and provide self-service sales of alcoholic beverages in addition to sales of food and nonalcoholic beverages. Provides that certain provisions of the food master hall permit section do not apply to a food hall that: (1) is located in a certified technology park; and (2) operates in a certain type of building or complex of buildings. With certain exceptions, requires a permit applicant to provide the name and address of each person or entity holding at least a 2% interest in the permit and business. Removes the requirement that the department of local government finance consent to the continuation of a permittee's business by the permittee's heir. Requires a municipality to notify the chairman of the commission of any retailer or dealer premises annexed into the municipality, in order to ensure the correct distribution of excise funds. Allows the holder of a food hall vendor's permit and a retailer's permit who also holds a permit for a small brewery, a farm winery, or an artisan distillery to sell certain carry out alcoholic beverages at the retailer's permit premises. Provides that a farm wintery may place wine in bottles or other permissible containers. Allows a farm winery to sell wine by the can. Allows a farm winery to transfer wine from a storage facility or certain locations. Allows a farm winery to sell or transfer wine directly to a wine wholesaler. Provides that an artisan distiller may transfer liquor from a separate storage facility back to the artisan distiller. Allows an artisan distiller to sell or transfer liquor directly to a liquor wholesaler. Makes technical corrections and stylistic changes.

• Ben Smaltz Republican · author
• Ron Alting Republican · sponsor
• Mark Messmer · sponsor

1. Jan 14, 2021 Coauthored by Representative Clere · lower
2. Jan 14, 2021 Authored by Representative Smaltz · lower
3. Jan 14, 2021 First reading: referred to Committee on Public Policy · lower
4. Feb 11, 2021 Committee report: amend do pass, adopted · lower
5. Feb 15, 2021 Representative Bartels added as coauthor · lower
6. Feb 16, 2021 Amendment #1 (Austin) prevailed; voice vote · lower
7. Feb 16, 2021 Second reading: amended, ordered engrossed · lower
8. Feb 18, 2021 Senate sponsor: Senator Alting · lower
9. Feb 18, 2021 Third reading: passed; Roll Call 193: yeas 90, nays 4 · lower
10. Feb 18, 2021 Representative May added as coauthor · lower
11. Feb 19, 2021 Referred to the Senate · lower
12. Mar 1, 2021 First reading: referred to Committee on Public Policy · upper
13. Apr 8, 2021 Committee report: amend do pass, adopted · upper
14. Apr 12, 2021 Amendment #1 (Zay) prevailed; voice vote · upper
15. Apr 12, 2021 Amendment #2 (Houchin) prevailed; voice vote · upper
16. Apr 12, 2021 Amendment #6 (Alting) prevailed; voice vote · upper
17. Apr 12, 2021 Amendment #5 (Alting) prevailed; voice vote · upper
18. Apr 12, 2021 Second reading: amended, ordered engrossed · upper
19. Apr 12, 2021 Senator Messmer added as second sponsor · upper
20. Apr 13, 2021 Third reading: passed; Roll Call 424: yeas 42, nays 5 · upper
21. Apr 14, 2021 Returned to the House with amendments · upper
22. Apr 14, 2021 Motion to dissent filed · lower
23. Apr 14, 2021 House dissented from Senate amendments · lower
24. Apr 14, 2021 House conferees appointed: Smaltz and Moed · lower
25. Apr 14, 2021 House advisors appointed: Bartels, Hostettler, Johnson and Summers · lower
26. Apr 15, 2021 Senate conferees appointed: Alting and Niezgodski · upper
27. Apr 15, 2021 Senate advisors appointed: Messmer and Tallian · upper
28. Apr 19, 2021 Senator Messmer removed as advisor · upper
29. Apr 19, 2021 Senator Niezgodski removed as conferee · upper
30. Apr 19, 2021 Senator Messmer added as conferee · upper
31. Apr 19, 2021 Senator Ford Jon added as advisor · upper
32. Apr 20, 2021 CCR # 1 filed in the House · lower
33. Apr 20, 2021 CCR # 1 filed in the Senate · upper
34. Apr 21, 2021 Rules Suspended. Conference Committee Report 1: adopted by the House; Roll Call 481: yeas 83, nays 6 · lower
35. Apr 21, 2021 Conference Committee Report 1: adopted by the Senate; Roll Call 477: yeas 43, nays 6 · upper
36. Apr 22, 2021 Signed by the Speaker · lower
37. Apr 23, 2021 Signed by the President Pro Tempore · upper
38. Apr 28, 2021 Signed by the President of the Senate · upper
39. Apr 29, 2021 Public Law 194 · lower
40. Apr 29, 2021 Signed by the Governor · executive

The published texts of this bill as it moves through the legislature. Each links to the official document on the state legislature site. Data from OpenStates.

• Enrolled House Bill (H) · Apr 21, 2021 · PDF
• Introduced House Bill (H) · Jan 12, 2021 · PDF
• House Bill (H) · Feb 11, 2021 · PDF
• Engrossed House Bill (H) · Feb 16, 2021 · PDF
• House Bill (S) · Apr 8, 2021 · PDF
• Engrossed House Bill (S) · Apr 13, 2021 · PDF