|
House Bill 4498 |
House Author: Hamilton |
|
Effective: 9-1-09 |
Senate Sponsor: Nichols |
Previous law prohibited a political subdivision from voting to prohibit a previously legalized classification of alcoholic beverage unless the sale of all classifications of alcoholic beverages were legal in that political subdivision. House Bill 4498 amends the Alcoholic Beverage Code to authorize a jurisdiction to hold a local option election to prohibit the sale of any classification of alcoholic beverages that previously has been legalized in that area.
House Bill 4498 authorizes a holder of a mixed beverage permit whose permitted premises are located on property owned by a municipality that contains a municipally owned conference center, borders a lake, has a population of less than 15,000, is located in a county with population of less than 65,000, and contains a historic preservation district that borders a lake, to permit a patron to leave the premises while possessing an alcoholic beverage if the beverage is in an open container and appears to be possessed for present consumption and the public consumption of alcoholic beverages or possession of an open container of an alcoholic beverage is not prohibited on the municipally owned property where the premises are located. The bill authorizes a holder of a caterer's permit operating under the permit in an area in such a municipality to allow a patron to leave the area with an open container of an alcoholic beverage under the above conditions and if such public consumption or possession is not prohibited on the municipally owned property where the area is located. The bill establishes that these provisions do not affect the prohibition against possessing an open container in the passenger area of a motor vehicle.