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AN ACT
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relating to the sale of distilled spirits to ultimate consumers by |
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the holder of a distiller's and rectifier's permit. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsection (a), Section 14.01, Alcoholic |
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Beverage Code, is amended to read as follows: |
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(a) The holder of a distiller's and rectifier's permit may: |
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(1) manufacture distilled spirits; |
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(2) rectify, purify, and refine distilled spirits and |
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wines; |
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(3) mix wines, distilled spirits, or other liquors; |
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(4) bottle, label, and package the permit holder's |
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finished products; |
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(5) sell the finished products in this state to |
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holders of wholesaler's permits and to qualified persons outside |
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the state; |
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(6) import distilled spirits, to be used only for |
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manufacturing or rectification purposes, from holders of |
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nonresident seller's permits; [and] |
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(7) dispense free distilled spirits for consumption on |
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the permitted premises under Section 14.04; and |
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(8) if located in a wet area, sell distilled spirits to |
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ultimate consumers under Section 14.04 or 14.05. |
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SECTION 2. Subsection (a), Section 14.04, Alcoholic |
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Beverage Code, is amended to read as follows: |
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(a) The holder of a distiller's and rectifier's permit may |
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conduct distilled spirits samplings on the permitted premises. The |
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permit holder may dispense free samples or collect a fee for the |
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sampling. |
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SECTION 3. Chapter 14, Alcoholic Beverage Code, is amended |
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by adding Section 14.05 to read as follows: |
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Sec. 14.05. SALES TO ULTIMATE CONSUMERS. (a) The holder |
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of a distiller's and rectifier's permit may sell to ultimate |
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consumers for consumption on the permitted premises distilled |
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spirits manufactured or rectified by the permit holder in an amount |
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not to exceed 3,000 gallons annually. |
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(b) The holder of a distiller's and rectifier's permit may |
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sell distilled spirits manufactured by the permit holder to |
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ultimate consumers for off-premises consumption in unbroken |
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packages containing not more than 750 milliliters of distilled |
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spirits for off-premises consumption in an amount not to exceed |
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3,500 gallons annually. |
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(c) The holder of a distiller's and rectifier's permit may |
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not under Subsection (b) sell more than two 750 milliliter bottles |
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of distilled spirits or the equivalent to the same consumer within a |
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30-day period. |
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(d) A sale under Subsection (b): |
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(1) may be made only to an individual who is physically |
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present at the permit holder's premises; and |
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(2) must be delivered to the purchaser in person |
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during the purchaser's visit. |
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(e) A person may not make a purchase under Subsection (b) as |
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an agent for another person. |
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(f) The permit holder must check a purchaser's |
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identification and keep records of purchases in a manner that |
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enables the permit holder to comply with this section. |
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(g) A bottle of distilled spirits sold on the permit |
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holder's premises under Subsection (b) must bear a notice affixed |
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to the bottle that: |
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(1) does not obscure the label approved by the Alcohol |
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and Tobacco Tax and Trade Bureau; |
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(2) states that the bottle is commemorative; |
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(3) states the month and year the bottle is sold; and |
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(4) is signed by an agent of the permit holder. |
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SECTION 4. Chapter 105, Alcoholic Beverage Code, is amended |
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by adding Section 105.081 to read as follows: |
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Sec. 105.081. HOURS OF SALE AND CONSUMPTION: DISTILLERY. |
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(a) The holder of a distiller's and rectifier's permit may sell and |
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offer for sale distilled spirits for on-premises consumption and a |
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person may consume distilled spirits on the permitted premises |
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during the same hours mixed beverages may be sold and offered for |
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sale by a mixed beverage permit holder under Section 105.03(b). |
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(b) The holder of a distiller's and rectifier's permit may |
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sell and offer for sale distilled spirits to ultimate consumers for |
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off-premises consumption during the same hours as the holder of a |
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package store permit may sell and offer for sale distilled spirits |
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to ultimate consumers for off-premises consumption. |
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SECTION 5. Subdivision (1), Subsection (b), Section |
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183.001, Tax Code, is amended to read as follows: |
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(1) "Permittee" means a mixed beverage permittee, a |
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private club registration permittee, a private club exemption |
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certificate permittee, a private club late hours permittee, a daily |
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temporary private club permittee, a private club registration |
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permittee holding a food and beverage certificate, a daily |
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temporary mixed beverage permittee, a mixed beverage late hours |
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permittee, a mixed beverage permittee holding a food and beverage |
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certificate, [or] a caterer permittee, or a distiller's and |
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rectifier's permittee. |
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SECTION 6. Subsection (c), Section 14.01, and Subsection |
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(g), Section 14.04, Alcoholic Beverage Code, are repealed. |
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SECTION 7. This Act takes effect September 1, 2013. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 905 passed the Senate on |
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March 27, 2013, by the following vote: Yeas 30, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 905 passed the House |
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on May 2, 2013, by the following vote: Yeas 147, Nays 0, two |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |