| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to authorizing secondary wine sales; requiring a |
|
|
registration; authorizing an administrative penalty; authorizing a |
|
|
fee and a tax. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Title 4, Alcoholic Beverage Code, is amended by |
|
|
adding Chapter 111 to read as follows: |
|
|
CHAPTER 111. SECONDARY WINE SALES |
|
|
Sec. 111.001. DEFINITIONS. In this chapter: |
|
|
(1) "Permitted restaurant" means a restaurant that |
|
|
holds: |
|
|
(A) a mixed beverage permit, a wine and malt |
|
|
beverage retailer's permit, or a private club registration permit; |
|
|
and |
|
|
(B) a food and beverage certificate. |
|
|
(2) "Registered wine collector" means the holder of a |
|
|
collector's registration number issued by the commission under this |
|
|
chapter. |
|
|
Sec. 111.002. COLLECTOR'S REGISTRATION. (a) A person may |
|
|
be registered as a wine collector under this chapter only if the |
|
|
person: |
|
|
(1) passes a basic background check; |
|
|
(2) pays a fee established by the commission in |
|
|
accordance with Section 5.50; and |
|
|
(3) fulfills any other requirement prescribed by |
|
|
commission rule. |
|
|
(b) The commission shall issue a unique wine collector's |
|
|
registration number to each registered wine collector. |
|
|
Sec. 111.003. AUTHORIZED ACTIVITIES. A registered wine |
|
|
collector may sell to a permitted restaurant wine that is: |
|
|
(1) lawfully owned by the collector; |
|
|
(2) in an original container sealed by the |
|
|
manufacturer; and |
|
|
(3) manufactured not less than 20 years before the |
|
|
date the collector sells the wine to a permitted restaurant. |
|
|
Sec. 111.004. PURCHASE BY RESTAURANT; SALE TO CONSUMER. A |
|
|
permitted restaurant may purchase wine from a registered wine |
|
|
collector and sell that wine to an ultimate consumer for |
|
|
on-premises consumption in accordance with the permit held by the |
|
|
permitted restaurant. |
|
|
Sec. 111.005. RECORDS. (a) A permitted restaurant that |
|
|
purchases wine under this chapter shall maintain a record of each |
|
|
purchase. A permitted restaurant shall maintain the record until |
|
|
the second anniversary of the date the restaurant sells the wine to |
|
|
an ultimate consumer. |
|
|
(b) The record, at a minimum, must include: |
|
|
(1) the name and registration number of the registered |
|
|
wine collector who sold the wine to the permitted restaurant; |
|
|
(2) a description of the wine; |
|
|
(3) details of the transaction between the registered |
|
|
wine collector and the permitted restaurant; and |
|
|
(4) any documents that support the provenance of the |
|
|
wine. |
|
|
(c) A permitted restaurant shall make a record of a wine |
|
|
purchase made under this chapter available upon request to the |
|
|
ultimate consumer who purchases the wine. The ultimate consumer |
|
|
may request the records either before or after the sale to the |
|
|
consumer. The permitted restaurant may redact from the record the |
|
|
price the restaurant paid for the wine. |
|
|
(d) The commission shall assess an administrative penalty |
|
|
in the amount of $500 against a permitted restaurant for each |
|
|
violation of this section. |
|
|
Sec. 111.006. TAX. A permitted restaurant shall pay a tax |
|
|
of $1.00 for each container of wine purchased by the restaurant |
|
|
under this chapter. The permitted restaurant shall remit the tax |
|
|
imposed under this section in the same manner as a tax imposed on |
|
|
liquor under Subchapter A, Chapter 201. |
|
|
SECTION 2. As soon as practicable after the effective date |
|
|
of this Act, the Texas Alcoholic Beverage Commission shall adopt |
|
|
rules necessary to implement Chapter 111, Alcoholic Beverage Code, |
|
|
as added by this Act. |
|
|
SECTION 3. This Act takes effect September 1, 2023. |