Tuesday, February 23, 2010

SB 75 passes 2nd reading in the House, should go up for 3rd today.

Rep. Ed Clere phoned last evening to tell me that SB 75 passed its second reading in the House and is scheduled for the third and final reading today. According to Ed, yesterday's success didn't guarantee final passage, but immeasurably increased the chances of passage.

Just so you can see how the bill has evolved, I'm reprinting the entire text below. The original bill absorbed two other alcohol-related measures, and has been amended several times, again with provisions pertaining to the state's alcoholic beverage statutes. I've separated the clauses for easier reading. For more on the bill's progress, go here: Senate Bill 75 - SUPER-DUPER-SIZED!

Now: Cross your fingers. I'll be waiting to hear from Ed, and I profusely thank him for his diligence both in supporting the bill and keeping information flowing back to us.


Senate Bill 0075
2010 2nd Regular Session

DIGEST OF SB 75 (Updated February 22, 2010 5:05 pm - DI 92)

Alcoholic beverages.

Allows a microbrewery to sell the brewery's beer for carryout on Sunday at the address for which the brewer's permit was issued.

Allows alcoholic beverages to be sold on election days. Allows the holder of a retailer's permit to sell alcoholic beverages on Sunday from 7 a.m. until 3 a.m. the following day. (Under current law, the holder of a retailer permit may sell alcoholic beverages on Sunday from 10 a.m. until 12:30 a.m. the following day).

Makes it a Class B misdemeanor for an alcoholic beverage permittee or permittee's employee or agent to recklessly, knowingly, or intentionally sell, barter, exchange, provide, or furnish another person alcoholic beverages for carryout without first requiring the person to produce proof that the person is at least 21 years of age by: (1) a driver's license; (2) a government issued identification card; or (3) a government issued document; that bears the person's photograph and birth date.

Provides that it is a defense in a criminal or administrative proceeding that the individual to whom the alcoholic beverages were sold appeared to be at least 50 years of age.

Provides that, in a criminal prosecution or proceeding before the alcohol and tobacco commission, it is a defense to a charge of unlawfully furnishing alcohol to a minor that the purchaser produced a government issued document bearing the purchaser's photograph and showing the purchaser to be at least 21 years of age.

Eliminates the requirement that a publicly owned airport be served by a scheduled commercial passenger airline in order for a restaurant located in the passenger terminal to be eligible for a permit to sell beer, wine, and liquor.

Allows an indoor theater located in a city having a population of more than 200,000 but less than 300,000 and that has been listed in the National Register of Historic places to: (1) be issued a one-way, two-way, or three-way permit to sell alcoholic beverages; and (2) to have children present.

Requires alcohol servers, retailer permittees, or management representatives of retailer or dealer permittees to complete alcohol server training by May 1, 2011. (Current law requires completion of the training by January 1, 2010.)

Requires an applicant for a permit to sell alcoholic beverages in Marion County to file with the local board verification from a department of the consolidated city designated by ordinance that the applicant is in compliance with zoning requirements for the premises to be licensed.(Current law requires verification from the department of metropolitan development.)

Current Status: Passed 2nd reading - 2nd House

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