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Senate Bill 1090 |
Senate Author: Carona |
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Effective: 9-1-13 |
House Sponsor: Geren et al. |
Senate Bill 1090 amends the Alcoholic Beverage Code to revise certain provisions relating to the manufacture, distribution, sale, and provision of alcoholic beverages and the regulation of those activities. The bill authorizes, rather than requires, the attorney general to appoint as many as six assistant attorneys general, as the Texas Alcoholic Beverage Commission (TABC) determines necessary, to enable TABC to more efficiently enforce the Alcoholic Beverage Code.
Senate Bill 1090 makes statutory provisions relating to discipline for certain actions of the holder of an agent's permit applicable to the holder of a manufacturer's agent's permit. The bill expands the authorized activities of the holder of a winery permit to include purchasing and importing wine from the holder of a nonresident seller's permit. The bill specifies that the alcoholic beverages sold by the holder of a wine and beer retailer's off-premise permit must be in unbroken original containers. The bill authorizes a person to engage in the authorized activities for the holder of an agent's permit or a manufacturer's agent's permit for an initial grace period of five days during which the person is required to procure an agent's permit or manufacturer's agent's permit, respectively, from TABC. The bill authorizes the holder of a storage permit to store liquor in a private warehouse leased and operated by the holder. The bill specifies that the fact that a person is 18, 19, or 20 years of age is not a ground for refusal of an original or renewal manufacturer's agent's permit.
Senate Bill 1090 removes language requiring the county clerk to post at the courthouse door a written notice regarding a filed application for a license to manufacture or distribute beer or to sell beer at retail and instead requires every original applicant for a license to manufacture, distribute, or sell beer at retail to give notice of the application by publication at the applicant's own expense in two consecutive issues of a newspaper of general circulation published in the city or town in which the applicant's place of business is located. The bill establishes that an applicant for a renewal license is not required to publish such notice.
Among other provisions relating to advertising, Senate Bill 1090 revises provisions relating to the prearrangement and preannouncement by certain permit holders of a promotional activity for certain alcoholic beverages. The bill prohibits a retail dealer from dispensing draft malt liquor or ale unless each faucet or other dispensing apparatus is equipped with a sign clearly indicating the name or brand of the product being dispensed through the faucet or apparatus. The bill also establishes provisions relating to the packaging of certain promotional items and to the display of branded promotional vehicles.
Senate Bill 1090 redefines "beer" by removing the specification that the term does not include a beverage designated by label or otherwise by a name other than beer, redefines "first sale," for purposes of tax on liquor other than ale and malt liquor, to specify that the term does not include the first sale by the holder of a distiller's and rectifier's permit to the holder of a wholesaler's permit, and expands the definition of "first sale," for purposes of tax on ale and malt liquor and for purposes of the beer tax, to include the first actual sale of ale or malt liquor or beer, as applicable, by a brewpub licensee to a consumer or a permittee or licensee authorized to sell ale or malt liquor or beer, as applicable, to ultimate consumers.
Senate Bill 1090 repeals certain provisions relating to the definition of criminal negligence, relating to the criminal negligence standard for administrative action, and relating to the authority of certain permit holders to use a caterer's permit in a marine park.