Several changes to alcohol and tobacco laws were adopted this year, effective July 1, 2024. A full outline of these changes can be found on the ATC website here.
Of specific note for retailers and craft manufacturers is House Enrolled Act 1086:
Dram Shop: requires retailers and craft manufacturers to obtain liquor liability insurance with minimum coverage of at least $500,000 by July 1, 2024.
- Deadlines for proof of compliance:
- Applications submitted between 7/1/2024 & 12/31/2024 must include proof of insurance.
- Applicants not applying until after 12/31/24, must submit proof of insurance by 1/1/2025.
Happy Hour: authorizes retailers and craft manufacturers to offer discount drinks for up to four hours per day (15 hours per week). Prohibits happy hour to occur between 9 p.m. and 3 a.m.
- Prohibits games that encourage drinking or provide alcoholic beverage prizes.
- Prohibits selling unlimited drinks for fixed price or bottomless drinks (does not prohibit group packages like a wedding).
- Happy hour privilege may be revoked for violations of these requirements.
Carry Out: expands carryout privileges to include mixed drinks or cocktails to-go in a qualified container for permittees that already have carryout privileges.
- Containers with perforations or straw holes, unsealed openings covered by plastic wrap, foil, or tape, or otherwise not made for the to-go sale of alcoholic beverages are prohibited.
- Containers must be new, clean, and securely sealed by a device or material that fully closes off all openings. Use of non-permissible containers may result in loss of carryout.
- Filling used containers or refilling a container such a growler is prohibited with exceptions provided in Ind. Code § 7.1-5-3-4.
- Permittees are still required to comply with Ind. Code § 7.1-3-20-9.5.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.