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Panel approves omnibus ATC bill with patio rules, donation caps, airport DORA options and cigar‑room provisions

5839863 · February 4, 2025
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Summary

The Public Policy Committee voted unanimously to approve House Bill 12‑76, an omnibus Alcohol and Tobacco Commission (ATC) bill that updates patio rules, donation and sampling policies, airport beverage options, and adds cigar‑room language, after adopting multiple amendments.

The Public Policy Committee unanimously approved House Bill 12‑76, an omnibus bill addressing multiple Alcohol and Tobacco Commission (ATC) rules and statutory clarifications, after adopting a package of amendments.

Sponsor Chair Ethan Manning said the bill bundles several smaller items developed with ATC, including clarifying patio area boundaries for licensed premises, eliminating limited separation requirements for small breweries, authorizing certain permittees to donate product to qualified organizations under defined guardrails, allowing ATC to recover costs related to contraband disposal, banning nicotine analogs and adding a permit for a theater in a historic district (Logansport was cited as an example).

Committee members adopted numerous amendments in committee: Representative Lehman’s amendment reintroduced a liquor liability insurance requirement but left the coverage amount to market conditions while exempting entities with under $25,000 in annual sales; Representative Sean Quiler’s amendment repealed quantity restrictions that limited carryout deliveries of beer and wine to 864 ounces per transaction; Representative Johnson’s amendment made the City Market food‑hall eligible for a master food‑hall permit; Representative Moed’s airport amendments allowed airports to begin serving alcohol as early as 5 a.m. and gave airports the option to adopt a DORA (Designated Outdoor Refreshment Area) within facility boundaries; Representative Clear introduced an amendment urging the interim Public Policy study committee to examine third‑party alcohol delivery given the ongoing “Chicago” case; and the sponsor’s amendment (No. 7) removed cigar language from the base bill, expanded farmers‑market sampling for farm wineries by reverting to ATC interpretation, increased expo days for craft manufacturers from 45 to 60, doubled donation caps for larger events, and added a separate cigar‑room provision authorizing 21+ enclosed cigar rooms connected to an outdoor patio with recordkeeping and an emergency clause for that section.

Industry and local stakeholders testified in support of various provisions: Brian Burdick, counsel for Grama Brands, described an economic development project that includes a cigar lounge; Megan Vukasic of the Indianapolis Department of Metropolitan Development supported the master food‑hall permit for City Market; and Brent Comfer, owner of Rejoicing Vine, urged changes to allow farm wineries to sample at farmers markets and supported increasing expo days.

Representative Lehman asked about the donor/return requirement for donated product; amendment 12 removed the requirement that unsold donated product be returned to the permittee, clarifying recordkeeping and separation rules instead. The committee moved and approved a do‑pass, as amended, recommendation by roll call (12‑0).