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A BILL TO BE ENTITLED
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AN ACT
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relating to the pickup and delivery of alcoholic beverages from |
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certain premises for off-premises consumption. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 28.1001, Alcoholic |
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Beverage Code, is amended to read as follows: |
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Sec. 28.1001. PICKUP AND [OFF-PREMISES] DELIVERY OF |
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ALCOHOLIC BEVERAGES FOR OFF-PREMISES CONSUMPTION. |
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SECTION 2. Section 28.1001, Alcoholic Beverage Code, is |
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amended by amending Subsections (a), (c), and (d) and adding |
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Subsections (a-1), (a-2), and (e) to read as follows: |
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(a) In this section: |
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(1) "Passenger area of a motor vehicle" has the |
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meaning assigned by Section 49.031, Penal Code. |
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(2) "Tamper-proof container" means a container that, |
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once sealed, clearly shows whether it has been opened. The term |
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includes a closed cup or similar container that is: |
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(A) placed into a bag that has been sealed with a |
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zip tie or staple; |
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(B) sealed with shrink wrap or a similar seal; or |
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(C) sealed by other methods approved by rule of |
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the commission. |
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(a-1) Notwithstanding any other provision of this code, the |
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holder of a mixed beverage permit may deliver, or have delivered by |
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a third party, including an independent contractor acting under |
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Chapter 57, as added by Chapter 441 (S.B. 1450), Acts of the 86th |
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Legislature, Regular Session, 2019, an alcoholic beverage from the |
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permitted premises to an ultimate consumer located off-premises and |
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in an area where the sale of the beverage is legal if: |
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(1) the holder of the mixed beverage permit holds a |
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food and beverage certificate for the permitted premises; |
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(2) the delivery of the alcoholic beverage is made as |
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part of the delivery of food prepared at the permitted premises; |
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(3) the alcoholic beverage is: |
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(A) a malt beverage [beer, ale,] or wine |
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delivered in: |
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(i) an original container sealed by the |
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manufacturer; or |
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(ii) a tamper-proof container that is |
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sealed by the permit holder and clearly labeled with the permit |
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holder's business name and the words "alcoholic beverage"; or |
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(B) an alcoholic beverage other than a malt |
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beverage [beer, ale,] or wine that: |
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(i) is [,] delivered in an original, |
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single-serving container sealed by the manufacturer and not larger |
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than 375 milliliters; or |
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(ii) the permit holder mixes with other |
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beverages or garnishes and stores in a tamper-proof container that |
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is clearly labeled with the permit holder's business name and the |
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words "alcoholic beverage"; and |
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(4) the delivery is not made to another [a] premises |
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that is permitted or licensed under this code. |
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(a-2) Notwithstanding any other provision of this code, the |
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holder of a mixed beverage permit may allow an ultimate consumer to |
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pick up an alcoholic beverage described by Subsection (a-1)(3) and |
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remove the beverage from the permitted premises if: |
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(1) the holder of the mixed beverage permit holds a |
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food and beverage certificate for the permitted premises; and |
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(2) the pickup of the alcoholic beverage is made as |
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part of the pickup of food prepared at the permitted premises. |
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(c) An alcoholic beverage picked up or [may be] delivered |
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under this section may be provided only to a person who is 21 years |
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of age or older after the person picking up the alcoholic beverage |
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or accepting the delivery presents valid proof of identity and age |
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and: |
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(1) the person picking up the alcoholic beverage or |
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accepting the delivery personally signs a receipt, which may be |
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electronic, acknowledging the pickup or delivery; or |
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(2) the person providing the beverage for pickup or |
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making the delivery acknowledges the completion of the pickup or |
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delivery through a software application. |
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(d) This section does not authorize the holder of a brewpub |
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license who also holds a wine and malt beverage [beer] retailer's |
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permit to deliver alcoholic beverages directly to ultimate |
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consumers for off-premise consumption at a location other than the |
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licensed premises. |
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(e) A person who picks up or delivers an alcoholic beverage |
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described by Subsection (a-1)(3)(A)(ii) or (a-1)(3)(B)(ii) may not |
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transport the alcoholic beverage in the passenger area of a motor |
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vehicle. |
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SECTION 3. Section 32.01(a), Alcoholic Beverage Code, is |
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amended to read as follows: |
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(a) A private club registration permit authorizes alcoholic |
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beverages belonging to members of the club to be: |
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(1) stored, possessed, and mixed on the club premises; |
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[and] |
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(2) served for on-premises consumption only to members |
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of the club and their families and guests, by the drink or in |
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sealed, unsealed, or broken containers of any legal size; and |
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(3) served for off-premises consumption only to |
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members of the club in the manner provided by Section 32.155. |
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SECTION 4. Section 32.15, Alcoholic Beverage Code, is |
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amended to read as follows: |
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Sec. 32.15. REMOVAL OF BEVERAGES FROM PREMISES. A private |
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club, irrespective of location or system of storage of alcoholic |
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beverages, may not permit any person to remove any alcoholic |
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beverages from the club premises, except as authorized by Section |
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28.10(b) or 32.155 or for the purpose of removing unused inventory |
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the person brought onto the premises under Section 14.07, as added |
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by Chapter 792 (H.B. 1997), Acts of the 86th Legislature, Regular |
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Session, 2019, or 37.01(d). |
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SECTION 5. Chapter 32, Alcoholic Beverage Code, is amended |
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by adding Section 32.155 to read as follows: |
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Sec. 32.155. PICKUP AND DELIVERY OF ALCOHOLIC BEVERAGES FOR |
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OFF-PREMISES CONSUMPTION. (a) In this section: |
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(1) "Passenger area of a motor vehicle" has the |
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meaning assigned by Section 49.031, Penal Code. |
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(2) "Tamper-proof container" has the meaning assigned |
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by Section 28.1001. |
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(b) Notwithstanding any other provision of this code, the |
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holder of a private club registration permit may deliver, or have |
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delivered by a third party, including an independent contractor |
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acting under Chapter 57, as added by Chapter 441 (S.B. 1450), Acts |
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of the 86th Legislature, Regular Session, 2019, an alcoholic |
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beverage from the permitted premises to an ultimate consumer |
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located off-premises and in the county in which the private club is |
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located if: |
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(1) the holder of the private club registration permit |
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holds a food and beverage certificate for the permitted premises; |
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(2) the delivery of the alcoholic beverage is made as |
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part of the delivery of food prepared at the permitted premises; |
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(3) the ultimate consumer is a member of the club; |
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(4) the alcoholic beverage is: |
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(A) a malt beverage or wine delivered in: |
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(i) an original container sealed by the |
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manufacturer; or |
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(ii) a tamper-proof container that is |
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sealed by the permit holder and clearly labeled with the name of the |
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private club registration permit holder and the words "alcoholic |
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beverage"; or |
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(B) an alcoholic beverage other than a malt |
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beverage or wine that: |
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(i) is delivered in an original, |
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single-serving container sealed by the manufacturer and not larger |
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than 375 milliliters; or |
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(ii) the permit holder mixes with other |
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beverages or garnishes and stores in a tamper-proof container that |
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is clearly labeled with the name of the private club registration |
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permit holder and the words "alcoholic beverage"; and |
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(5) the delivery is not made to another premises that |
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is permitted or licensed under this code. |
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(c) Notwithstanding any other provision of this code, the |
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holder of a private club registration permit may allow an ultimate |
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consumer to pick up an alcoholic beverage described by Subsection |
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(b)(4) and remove the beverage from the permitted premises if: |
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(1) the holder of the private club registration permit |
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holds a food and beverage certificate for the permitted premises; |
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(2) the pickup of the alcoholic beverage is made as |
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part of the pickup of food prepared at the permitted premises; and |
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(3) the ultimate consumer is a member of the club. |
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(d) An alcoholic beverage picked up or delivered under this |
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section may be provided only to a person who is 21 years of age or |
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older after the person picking up the alcoholic beverage or |
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accepting the delivery presents valid proof of identity and age |
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and: |
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(1) the person picking up the alcoholic beverage or |
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accepting the delivery personally signs a receipt, which may be |
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electronic, acknowledging the pickup or delivery; or |
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(2) the person providing the beverage for pickup or |
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making the delivery acknowledges the completion of the pickup or |
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delivery through a software application. |
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(e) A person who picks up or delivers an alcoholic beverage |
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described by Subsection (b)(4)(A)(ii) or (b)(4)(B)(ii) may not |
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transport the alcoholic beverage in the passenger area of a motor |
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vehicle. |
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SECTION 6. Section 57.01(b), Alcoholic Beverage Code, is |
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amended to read as follows: |
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(b) An alcoholic beverage may be delivered under this |
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section only if the alcoholic beverage is sold or served to the |
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ultimate consumer by the holder of a: |
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(1) package store permit; |
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(2) wine only package store permit; |
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(3) wine and beer retailer's permit; |
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(4) wine and beer retailer's off-premise permit; |
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(5) retail dealer's on-premise license; |
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(6) retail dealer's off-premise license; [or] |
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(7) mixed beverage permit authorized to deliver |
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alcoholic beverages under Section 28.1001; or |
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(8) private club permit authorized to deliver |
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alcoholic beverages under Section 32.155. |
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SECTION 7. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2021. |