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A BILL TO BE ENTITLED
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AN ACT
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relating to the purchase and sale of vintage distilled spirits by |
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the holder of a package store permit or local distributor's permit. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1.04, Alcoholic Beverage Code, is |
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amended by adding subdivisions (30) and (31) to read as follows: |
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(30) "Vintage distilled spirits" means alcohol, spirits of |
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wine, whiskey, rum, brandy, gin, or any liquor produced in whole or |
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in part by the process of distillation, including all dilutions or |
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mixtures of them, and are: |
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(A) a bottle or case of bottles of distilled spirits |
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that: |
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(1) are in their original manufacturer's |
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unopened container; |
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(2) are not owned by the holder of a distiller's |
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and rectifier's permit or a nonresident seller's permit; |
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(3) are not otherwise available for purchase from |
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or have been offered for sale by the holder of a wholesaler's permit |
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in this state within the last twelve (12) months; and |
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(4) are possessed in this state. |
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(31) A "vintage distilled spirits seller" means a |
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non-licensed person at least twenty-one (21) years of age who is: |
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(A) an administrator, executor, receiver, or other |
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fiduciary who receives and sells vintage distilled spirits in |
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execution of the person's fiduciary capacity; |
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(B) a creditor who receives or takes possession of |
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vintage distilled spirits as security for, or in payment of, debt, |
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in whole or in part; |
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(C) a public officer or court official who levies on |
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vintage distilled spirits under order or process of any court or |
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magistrate to sell the vintage distilled spirits in satisfaction of |
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the order or process; or |
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(D) any other person who is not a permittee or |
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licensee, holds no interest in a permittee or licensee, and is not |
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engaged in the business of selling alcoholic beverages. |
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SECTION 2. Section 22.01, Alcoholic Beverage Code, is |
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amended to read as follows: |
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Sec. Sec. 22.01. AUTHORIZED ACTIVITIES. The holder of a |
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package store permit may: |
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(1) purchase liquor in this state from the holder of a |
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winery, wholesaler's, or class B wholesaler's permit; |
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(2) purchase malt beverages in this state from the holder of |
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a general or branch distributor's license; |
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(2-a) purchase vintage distilled spirits from a vintage |
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distilled spirits seller; |
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(3) sell liquor and malt beverages in unbroken original |
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containers on or from the holder's licensed premises at retail to |
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consumers for off-premises consumption only and not for the purpose |
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of resale, except that if the permittee is a hotel, the permittee |
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may deliver unbroken packages of liquor and malt beverages to bona |
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fide guests of the hotel in their rooms for consumption in their |
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rooms; |
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(4) sell vinous liquors in original containers of not less |
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than six ounces; [and] |
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(5) sell liquor to holders of passenger transportation |
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permits as provided in Section 48.03; and |
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(6) sell vintage distilled spirits as provided in Section |
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22.19. |
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SECTION 3. Chapter 22, Alcoholic Beverage Code, is amended |
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by adding Section 22.19 to read as follows: |
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Sec. 22.19. PURCHASE AND SALE OF VINTAGE DISTILLED SPIRITS. |
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(a) The holder of a package store permit may purchase |
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vintage distilled spirits from a vintage distilled spirits seller. |
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(b) A vintage distilled spirits seller may sell no more than |
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twenty-four (24) vintage distilled spirits bottles or containers in |
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any given twelve (12) month period to each premises of the holder of |
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a package store permit. |
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(c) Prior to selling vintage distilled spirits purchased |
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from a vintage distilled spirits seller to a consumer, the holder of |
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a package store permit shall provide notice of its purchase of the |
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vintage distilled spirits to the commission. The notice shall |
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contain the following information: |
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(1) the name, address, state license number, and phone |
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number of the holder of a package store permit purchasing vintage |
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distilled spirits; |
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(2) the name, address, and phone number of the vintage |
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distilled spirits seller; |
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(3) the brand name and quantity of bottles or |
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containers of each vintage distilled spirits purchased; |
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(4) the date of the purchase; and |
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(5) the number of bottles or containers that the |
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package store permittee has previously purchased from the same |
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vintage distilled spirits seller and the dates of those purchases. |
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SECTION 4. Chapter 23, Alcoholic Beverage Code, is amended |
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by amending Section 23.01 by adding subdivision (c) to read as |
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follows: |
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(c) A local distributor's permittee may purchase vintage |
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distilled spirits from a vintage distilled spirits seller subject |
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to the same limitations and requirements under Section 22.19(b) and |
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(c). A local distributor's permittee may sell and distribute such |
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vintage distilled spirits to the mixed beverage permittees in an |
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amount not to exceed six (6) bottles or containers per mixed |
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beverage permittee premises during any given twelve (12) month |
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period. |
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SECTION 5. Subsection (a), Section 28.07, Alcoholic |
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Beverage Code, is amended to read as follows: |
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(a) All distilled spirits and vintage distilled spirits |
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sold by a holder of a mixed beverage permit must be purchased from a |
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holder of a local distributor's permit in the county in which the |
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premises of a mixed beverage permittee is located. |
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SECTION 6. Section 201.02, Alcoholic Beverage Code, is |
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amended to read as follows: |
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Sec. 201.02. "FIRST SALE" DEFINED. In this subchapter, |
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"first sale": |
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(1) as applied to liquor imported into this state by the |
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holder of a wholesaler's permit authorizing importation, means the |
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first actual sale by the permittee to the holder of any other permit |
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authorizing the retail sale of the beverage or to the holder of a |
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local distributor's permit; and |
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(2) as applied to all other liquor, means the first sale, |
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possession, distribution, or use in this state, except that the |
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term does not include the first sale by: |
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(A) the holder of a winery permit to another holder of |
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a winery permit or the holder of a wholesaler's permit; [or] |
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(B) the holder of a distiller's and rectifier's permit |
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to the holder of a wholesaler's permit; or |
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(c) a vintage distilled spirits seller to the holder |
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of a package store permit or a local distributor's permit of vintage |
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distilled spirits. |
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SECTION 7. This Act takes effect September 1, 2023. |