2012 Legislative Session: Alcohol-Related Bill Summary 2012 Legislative Session: Alcohol-Related Bill Summary

2012 Legislative Session: Alcohol-Related Bill Summary

With the Indiana Legislature adjourned, the House and Senate addressed alcohol-related laws concerning businesses and individuals. These acts, HEA 1054 and SEA 274, set forth guidelines for alcoholic beverage permits and immunity for certain alcohol offenses.

HEA 1054: Alcoholic Beverage Matters
  • Provides that a restaurant located not more than 700 feet (instead of 500 feet) from a historic district is eligible for a permit to sell alcoholic beverages without regard to the permit quota.
  • Provides that not more than 10 permits issued to restaurants within or not more than 700 feet from a historic district may be active at any time.
  • Provides for a cultural center permit for a city with an indoor theater listed on the National Register of Historic Places and with a population of more than 20,000 but less than 23,000.
  • Specifies that the 30,000 barrel production limitation for small Indiana breweries does not apply to the manufacture of beer for sale or distribution outside Indiana. Provides that a small Indiana brewery may sell the brewery's beer on Sunday at any address for which the brewer holds a brewer's permit if the address is located within the same city boundaries in which the beer was manufactured. (Current law provides that a small Indiana brewery may sell the brewer's beer only at the address for which the brewer's permit was issued.)
  • Provides that a lease and contract concerning the lease of: (1) federally owned land under the control and management of the Department of Natural Resources may permit the retail sale of alcoholic beverages for consumption on the licensed premises of a public golf course located on Brookville Reservoir; and (2) state owned land under the control and management of the Department of Natural Resources may permit the retail sale of alcoholic beverages for consumption on the licensed premises of a pavilion located within Indiana Dunes State Park; if the lessee or concessionaire applies for and secures the necessary alcohol permits.
SEA 274: Immunity for Certain Alcohol Offenses
  • Prohibits a law enforcement officer from taking a person into custody for a crime of public intoxication or minor possession, consumption or transportation of an alcoholic beverage if the officer, after making a reasonable determination and considering the facts and surrounding circumstances, reasonably believes that:
    • (1) the officer has contact with the person because the person requested emergency medical assistance, or acted in concert with another person who requested emergency medical assistance, for an individual who reasonably appeared in need of medical assistance due to alcohol consumption; and
    • (2)the person meets other requirements.
  • Specifies that a person may not bring an action against a law enforcement officer based on the officer's compliance with or failure to comply with this prohibition.
  • Provides that a person meeting these conditions is immune from criminal prosecution for public intoxication or minor possession, consumption or transportation of an alcoholic beverage.
The lawyers at Ice Miller are well informed on these issues and are available to answer questions or provide further assistance. Please contact Mark Shublak at mark.shublak@icemiller.com or (317) 236-5981, Angela Krahulik at angela.krahulik@icemiller.com or (317) 236-5991 or any member of Ice Miller’s Lobbying Group.
 
This publication is intended for general information purposes only and does not and is not intended to constitute legal advice. The reader should consult with legal counsel to determine how laws or decisions discussed herein apply to the reader's specific circumstances.
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