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Cold Beer at a Boiling Point in the Statehouse

By Eric Berman, Network Indiana | Published on in Government

A promised legislative push to plug a loophole in Indiana alcohol laws will begin Wednesday.

Committee votes in the House and Senate will seek to make explicit what legislative leaders argue everyone believed the law already said: convenience stores can’t sell cold beer. House Speaker Brian Bosma notes the convenience stores themselves made that assumption in suing to overturn the rule, and were rejected by a federal court.

But legislators will plug more explicit language into other alcohol bills Wednesday, after the Alcohol and Tobacco commission angered leaders by granting permits to two Ricker’s gas station/convenience stores in Sheridan and Columbus. The two locations added enough tables to meet the legal definition of a restaurant.

Bosma maintains if you visit the stores, it’s clear they’re restaurants in name only. He says a commission staffer told one of his aides that “24 tables and a microwave oven” would be enough to qualify as a restaurant, an interpretation Bosma blasts as wrongheaded and contrary to decades of established law.

Bosma says leaders are still analyzing whether there’s an issue with the rule that you can’t outlaw something after it happens. But he’s adamant the Ricker’s permits will not be granted exceptions.