168oa

___________________ moved that SB 168 be amended as follows:

     On the Senate Commerce Committee engrossed bill, delete everything after the enacting clause and insert:

"      Section 1. That § 35-4-60.2 be repealed.

     35-4-60.2.   A licensee licensed under subdivision 35-4-2(16) or (17) shall purchase the malt beverages he sells from the municipality if the municipality in which he is located is a licensee under subdivision 35-4-2(5) and if the municipality has by ordinance required that such purchases be made from the municipality. A municipality selling malt beverages to any licensee licensed under subdivision 35-4-2(16) or (17) may not charge such licensee more than five percent above the municipality's cost for malt beverages plus freight unless the municipality has operating agreements in effect on April 1, 1988, for its on-sale alcoholic beverage licensees licensed pursuant to subdivision 35-4-2(4) and imposes a mark-up higher than five percent for malt beverages. The municipality shall charge all such licensee's the same price for malt beverages. "