« Ind. Decisions - Court of Appeals issues 1 opinion(s) today (and 8 NFP memorandum decision(s)) | Main | Ind. Gov't. - More on "Utility commission job sits open as cases stack up" »

Wednesday, July 06, 2016

Ind. Gov't. - Liquor consumption and possession at Dune Pavilion authorized as of July 1st. What of liquor sales?

The 2016 General Assembly passed HEA 1386, which, according to a March 8, 2016 NWI Times story by Dan Carden:

...allows the Department of Natural Resources to obtain "state park" alcohol permits, for any or all of its parks, without having to follow most of the procedures typically required to get state permission to sell beer, wine or liquor — including local review.
With no fanfare that the ILB is aware of, DNR has now authorized alcoholic beverage consumption and possession at the Indiana Dunes State Park, effective July 1st. This was accomplished by the passage of an Emergency Rule by the Natural Resources Commission, which requires no notice or approval, other than adoption the Commission. It is published in the July 6th Indiana Register.

This new rule, however, is not the state park alcohol permit (in lieu of a liquor license) provided for by the 2016 General Assembly - the digest to HEA 1386 reads in relevant part:

Provides that the department of natural resources (department) may apply for a three-way permit for a state park. Provides that the commission shall issue a permit to the department for a state park without: (1) publication of notice or investigation before a local board; and (2) regard to quota provisions. Provides that an annual permit fee for a three-way permit for a state park is $250.
The resultant new State Park Liquor Permits chapter, IC 7.1-3-17.8, is located at SECTION 10 of HEA 1386, beginning at p. 8.

What confuses the ILB, is that the new emergency rule provides that "A person may possess or consume an alcoholic beverage at Indiana Dunes State Park pursuant to IC 7.1-3-17.8" (which is the new law allowing the DNR to grant a 3-way permit). But so far, no liquor permit has been granted at the Dunes State Park. Or has it? Has a stealth permit already been granted?

Under the new State Park Liquor Permits law, effective July 1, the DNR may apply for a three-way permit for one or more state parks. Then, according to the new IC 7.1-3-17.8-4:

Upon application, the [alcohol and tobacco] commission shall issue a permit to the department of natural resources for a state park without:
(1) publication of notice or investigation before a local board; and
(2) regard to the quota provisions of IC 7.1-3-22.
So that is it. No public notice at all is required.

For earlier ILB entries on the Dunes pavilion issue dating back to 2006, see this list.

Posted by Marcia Oddi on July 6, 2016 04:50 PM
Posted to Indiana Government