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