2002


Marion County Alliance of Neighborhood Associations

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The opinions expressed in these articles and features are those of their author and do not necessarily reflect the positions of McANA or the opinion of its Directors or Officers.

Alcohol Legislation
by Kyle Niederpruem
[submitted on behalf of the Indiana Association of Beverage Retailers]

The Indiana Association of Beverage Retailers is currently working with neighborhood groups about upcoming legislation to define the term “grocery store” in state law. Under current law, the term is not well defined – which has led to additional permits for convenience stores and gas stations in many neighborhoods. IABR is pulling together a coalition of like-minded groups who would be opposed to a loose definition that could result in an explosion of permits at retail outlets that are not as heavily regulated as package liquor stores. Package liquor stores, for example, must hire clerks who are at least 21 and fully licensed by state officials. IABR officials spoke with the MCANA board on Dec. 4 and asked for the group’s support. The association believes that Hoosiers are facing a legislative change that could more than triple the number of retail outlets that currently sell beer, wine and liquor, from 1,329 to 4,102.

If you are interested in getting involved in this issue, please contact Kyle Niederpruem at kyle@hirons.com

Frequently asked questions

What types of retail outlets selling alcohol are currently the most regulated?

Package liquor stores. This industry is among the most regulated in the state. And unlike convenience store and grocery clerks, employees in package liquor stores must be at least 21 years old and licensed by the state to sell alcohol.

Is a grocery store currently defined under Indiana law?

No. And the lack of a definition leads to creative interpretations by authorities charged with approving or denying permits. Imagine a furniture outlet, cooking school, bridal boutique, or cheese shop selling liquor. All types of businesses have applied for permits in Indiana, some winning approval.

Why do we need a grocery store definition in Indiana law?

To stop the unchecked growth of retail outlets selling alcohol in Indiana. In Marion County alone, the number of shops selling alcohol could explode from 205 to 574, based on a current formula used by the state that relies on 2000 census data. The proliferation of new outlets could also happen if legislators adopt a broad grocery store definition that allows for permits to be obtained by convenience stores, super stores, and gas stations.

Can state excise police investigate all retail outlets in the same manner?

No. State excise police, a force of slightly more than 60 officers covering 92 counties, have greater authority to investigate violations at package liquor stores. A person, by law, has to be 21 to enter a package liquor store. An excise officer can stop and check a person suspected of being underage. The same does not hold true for a grocery store, convenience store or pharmacy where alcohol is sold.

Are there any statistics that show an increase in the number of retail outlets selling alcohol lead to an increase in alcohol abuse?

There have been various studies on the subject spanning the past two decades. Dr. Robert Borkenstein, the late Indiana University professor who invented the breathalyzer, told legislators years ago: “Permitting the sale of beer of common alcoholic content or greater in fuel-dispensing establishments along our highway would be, in my opinion and in the opinion of my colleagues of the National Council’s Committee on Alcohol and other Drugs, a step backward. It is putting alcohol in the places where it can be of greatest danger to public safety.”

If you or your organization would like to receive updates on the progress of alcohol initiatives during the current legislative session, please send an email with 'put me on your list' in the subject line to: kyle@hirons.com. And, if you would like to join the coalition effort for reasonable alcohol sales laws, let us know and we will be happy to give you information on how your involvement can help.


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