By: Van de Putte H.B. No. 900
73R4592 CAG-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to special mixed beverage permits and wine and beer
1-3 permits for nonprofit historic preservation organizations.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 27, Alcoholic Beverage Code, is amended
1-6 by adding Subchapter B to read as follows:
1-7 SUBCHAPTER B. SPECIAL HISTORIC PRESERVATION WINE AND BEER PERMIT
1-8 Sec. 27.11. AUTHORIZED ACTIVITIES. The holder of a special
1-9 historic preservation wine and beer permit may, for a period not to
1-10 exceed four days, sell for consumption wine, beer, and malt liquors
1-11 containing alcohol in excess of one-half of one percent by volume
1-12 but not more than 14 percent by volume, but not for resale, on the
1-13 premises of the national historic district for which the permit is
1-14 issued.
1-15 Sec. 27.12. FEE. The state fee for a special historic
1-16 preservation wine and beer permit is $200.
1-17 Sec. 27.13. ISSUANCE OF PERMIT. (a) The commission may
1-18 issue a special historic preservation wine and beer permit directly
1-19 to a nonprofit historic preservation organization for the temporary
1-20 serving of wine and beer at a celebration, festival, or similar
1-21 event that has been sponsored annually by the organization for at
1-22 least 30 years. Not more than one permit may be issued for an
1-23 event.
1-24 (b) A nonprofit historic preservation organization may be
2-1 issued not more than one special historic preservation wine and
2-2 beer permit in a 12-month period.
2-3 Sec. 27.14. APPLICATION OF WINE AND BEER RETAILER PERMIT
2-4 PROVISIONS. A provision of this code that applies to a wine and
2-5 beer retailer permit applies to a special historic preservation
2-6 wine and beer permit unless the provision conflicts with a
2-7 provision of this subchapter.
2-8 Sec. 27.15. RULES. The commission may adopt rules as
2-9 necessary to implement and administer this subchapter.
2-10 SECTION 2. The title of Chapter 27, Alcoholic Beverage Code,
2-11 is amended to read as follows:
2-12 CHAPTER 27. TEMPORARY AND SPECIAL WINE AND BEER
2-13 RETAILER'S PERMITS <PERMIT>
2-14 SECTION 3. Sections 27.01-27.06, Alcoholic Beverage Code,
2-15 are designated as Subchapter A, Chapter 27, of that code, as
2-16 follows:
2-17 SUBCHAPTER A. TEMPORARY WINE AND BEER RETAILER'S PERMIT
2-18 SECTION 4. Chapter 30, Alcoholic Beverage Code, is amended
2-19 by adding Subchapter B to read as follows:
2-20 SUBCHAPTER B. DAILY TEMPORARY SPECIAL HISTORIC
2-21 PRESERVATION MIXED BEVERAGE PERMIT
2-22 Sec. 30.11. AUTHORIZED ACTIVITIES. The holder of a daily
2-23 temporary special historic preservation mixed beverage permit may
2-24 sell mixed beverages for consumption, but not for resale, on the
2-25 premises for which the permit is issued.
2-26 Sec. 30.12. FEE. The state fee for a special historic
2-27 preservation mixed beverage permit is $50 per day.
3-1 Sec. 30.13. ISSUANCE OF PERMIT. (a) The commission may
3-2 issue a special historic preservation mixed beverage permit
3-3 directly to a nonprofit historic preservation organization for the
3-4 temporary serving of mixed beverages at a celebration, festival, or
3-5 similar event sponsored by the organization. Not more than one
3-6 permit may be issued for an event.
3-7 (b) A nonprofit historic preservation organization may be
3-8 issued not more than 10 special historic mixed beverage
3-9 preservation permits in a 12-month period.
3-10 (c) The historic preservation organization requesting a
3-11 special historic preservation permit must have been established at
3-12 least 30 years before the date of the permit application. The
3-13 organization shall offer proof to the commission that the
3-14 organization meets the requirements of this subsection at the time
3-15 the permit is requested.
3-16 Sec. 30.14. APPLICATION OF MIXED BEVERAGE PERMIT PROVISIONS.
3-17 A provision of this code that applies to a mixed beverage permit
3-18 applies to a special historic preservation mixed beverage permit
3-19 unless the provision conflicts with a provision of this subchapter.
3-20 SECTION 5. The title of Chapter 30, Alcoholic Beverage Code,
3-21 is amended to read as follows:
3-22 CHAPTER 30. DAILY TEMPORARY AND SPECIAL MIXED BEVERAGE PERMITS
3-23 <PERMIT>
3-24 SECTION 6. Sections 30.01-30.06, Alcoholic Beverage Code,
3-25 are designated as Subchapter A, Chapter 30, of that Code, as
3-26 follows:
3-27 SUBCHAPTER A. DAILY TEMPORARY MIXED BEVERAGE PERMIT
4-1 SECTION 7. The importance of this legislation and the
4-2 crowded condition of the calendars in both houses create an
4-3 emergency and an imperative public necessity that the
4-4 constitutional rule requiring bills to be read on three several
4-5 days in each house be suspended, and this rule is hereby suspended,
4-6 and that this Act take effect and be in force from and after its
4-7 passage, and it is so enacted.