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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, |
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spirits of wine, whiskey, rum, brandy, gin, or any liquor produced |
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in whole or in part by the process of distillation, including all |
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dilutions or mixtures of them, and are: |
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(A) a bottle or case of bottles of distilled |
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spirits 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 |
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distiller's and rectifier's permit or a nonresident seller's |
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permit; |
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(3) are not otherwise available for |
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purchase from or have been offered for sale by the holder of a |
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wholesaler's permit in this state within the last twelve (12) |
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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 |
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other 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 |
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of vintage distilled spirits as security for, or in payment of, |
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debt, in whole or in part; |
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(C) a public officer or court official who levies |
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on 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. 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 |
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holder of a general or branch distributor's license; |
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(2-a) purchase vintage distilled spirits from a |
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vintage distilled spirits seller; |
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(3) sell liquor and malt beverages in unbroken |
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original containers on or from the holder's licensed premises at |
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retail to consumers for off-premises consumption only and not for |
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the purpose of resale, except that if the permittee is a hotel, the |
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permittee may deliver unbroken packages of liquor and malt |
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beverages to bona fide guests of the hotel in their rooms for |
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consumption in their rooms; |
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(4) sell vinous liquors in original containers of not |
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less 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 |
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Section 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 vintage |
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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. Section 23.01, Alcoholic Beverage Code, is |
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amended by adding Subsection (c) to read as 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 Sections 22.19(b) |
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and (c). A local distributor's permittee may sell and distribute |
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such vintage distilled spirits to the mixed beverage permittees in |
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an 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 |
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the holder of a wholesaler's permit authorizing importation, means |
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the first actual sale by the permittee to the holder of any other |
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permit authorizing the retail sale of the beverage or to the holder |
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of a local distributor's permit; and |
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(2) as applied to all other liquor, means the first |
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sale, possession, distribution, or use in this state, except that |
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the term does not include the first sale by: |
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(A) the holder of a winery permit to another |
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holder of a winery permit or the holder of a wholesaler's permit; |
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[or] |
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(B) the holder of a distiller's and rectifier's |
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permit to the holder of a wholesaler's permit; or |
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(c) a vintage distilled spirits seller to the holder of a |
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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. |
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