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A BILL TO BE ENTITLED
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AN ACT
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relating to the sale of wine and malt beverages by certain alcoholic |
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beverage manufacturers at a restaurant operated by the |
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manufacturer; creating a wine, malt beverage, and food permit. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle A, Title 3, Alcoholic Beverage Code, is |
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amended by adding Chapter 59 to read as follows: |
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CHAPTER 59. WINE, MALT BEVERAGE, AND FOOD PERMIT |
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Sec. 59.001. QUALIFICATION FOR PERMIT. A wine, malt |
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beverage, and food permit may be issued only to the holder of a |
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winery permit or a brewer's license who operates a restaurant on the |
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permitted or licensed premises. |
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Sec. 59.002. AUTHORIZED ACTIVITIES. (a) The holder of a |
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wine, malt beverage, and food permit may sell wine and malt |
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beverages to ultimate consumers for consumption at a restaurant |
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operated on the holder's permitted or licensed premises. |
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(b) Food must be available at all times alcoholic beverages |
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are sold. |
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Sec. 59.003. INFORMATION REQUIRED OF APPLICANTS. In |
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addition to the information required of applicants for permits |
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under this code, an applicant for a wine, malt beverage, and food |
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permit shall provide to the commission in the form and manner |
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prescribed by the commission in the original and each renewal |
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permit application: |
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(1) a menu or list of all food and beverages to be |
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offered for sale at the restaurant, including prices; |
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(2) a list of equipment used by the restaurant for food |
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preparation; |
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(3) the hours of operation for the restaurant, |
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including hours during which alcoholic beverages are available; |
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(4) any existing sales data for the restaurant, or if |
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none is available, projected sales for food, alcoholic beverages, |
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and any other major categories of sales by the restaurant; and |
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(5) a floorplan of the restaurant portion of the |
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permitted premises, showing the areas that are dedicated for food |
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preparation and service and the areas that are dedicated for |
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alcoholic beverage preparation and service. |
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Sec. 59.004. RECORDS. (a) A permit holder shall: |
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(1) maintain a summary of daily sales, separating the |
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total sales for: |
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(A) alcoholic beverages; |
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(B) food; and |
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(C) any other major sales categories, including |
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nonalcoholic beverages; |
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(2) maintain each invoice for the purchase of |
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alcoholic beverages sold under the permit until the fourth |
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anniversary of the date the alcoholic beverage was purchased; and |
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(3) make the invoices described by Subdivision (2) |
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available for inspection by the commission on the commission's |
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request. |
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(b) Failure to submit any required documentation to the |
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commission or maintain a record required by this section is: |
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(1) prima facie evidence of noncompliance with the |
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requirements of this chapter; and |
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(2) grounds for the commission to take disciplinary |
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action against the permit holder. |
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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 the changes in law made by this Act. |
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SECTION 3. This Act takes effect September 1, 2025. |