INDIANAPOLIS — Ricker's convenience stores would be unable to renew its two licenses to sell cold beer under the latest version of a bill that legislators said came about due to a legal loophole.
The latest rewrite of the bill disappointed Jay Ricker, president of the Anderson-based chain, who has been negotiating with legislators for weeks after some accused him of finding a loophole by changing two outlets into restaurants and selling cold beer.
"Legislators should listen to their constituents, and I believe the only constituency they're listening to is the liquor lobby," Ricker said Thursday.
Opponents of the Ricker's permits have been representatives of package liquor stores that currently can sell cold beer; convenience stores cannot.
The revamped House Bill 1496 targets Ricker's, which obtained the state-issued licenses for stores in Columbus and Sheridan in February and March.
The bill requires any outlet obtaining a restaurant permit between Nov. 1, 2016 and May 14, 2017 to prove that 60 percent of its gross retail income from alcoholic beverages be derived from alcohol consumed on the premises.
That stipulation, Ricker has said, will be difficult to prove.
Ricker had believed that the two stores could be grandfathered in under the law so that he could seek renewals annually. Under the new provisions, Ricker would have to prove the 60 percent sales figures to have the licenses renewed.
Rep. Ben Smaltz, R-Auburn, chair of the conference committee that issued Thursday's rewrite, said grandfathering the two licenses wouldn't be fair to other carryout permit holders.
"I think that even puts us in a worst position because if the General Assembly by legislative act grandfathers someone then I think you may get into that unequal treatment, you may get into some legal problems, Smaltz said. "So if we did that, I think we'd have more trouble than if we didn't.
"Rules change all the time and permits have to adjust. That's not just in alcohol, that's in every aspect of the law wherever there's a permit involved."
Smaltz also said the new version of the bill sends a message to other convenience store owners hoping to sell alcohol for carryout.
"I think the policy in my mind going forward might be carryout liquor at restaurants and convenience stores might not be the best public policy, the best safety concept, so we're trying to figure that out," Smaltz said.
Also under review is whether a summer study committee will begin a possible revamping of Indiana's liquor laws.
Ricker had withdrawn an application for a third permit in New Palestine, he said, in an agreement to wait until the summer study committee.