By Goolsby H.B. No. 2523
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to authorizing product tastings on the premises of a
1-3 package store.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 22.10, Alcoholic Beverage Code, is
1-6 amended to read as follows:
1-7 Section 22.10. Opening Containers Prohibited. Except as
1-8 authorized under Section 22A.01, no <No> person may break or open a
1-9 container containing liquor or beer or possess an opened container
1-10 of liquor or beer on the premises of a package store.
1-11 SECTION 2. Section 22.11, Alcoholic Beverage Code, is
1-12 amended to read as follows:
1-13 Section 22.11. Consumption on Premises Prohibited. Except
1-14 as authorized under Section 22A.01, no <No> person may sell,
1-15 barter, exchange, deliver, or give away any drink or drinks of
1-16 alcoholic beverages from a container that has been opened or broken
1-17 on the premises of a package store.
1-18 SECTION 3. The Alcoholic Beverage Code is amended by adding
1-19 a new Chapter 22A immediately after Chapter 22, to read as follows:
1-20 Chapter 22A. PACKAGE STORE TASTING PERMIT.
1-21 Section 22A.01. AUTHORIZED ACTIVITIES. The holder of a
1-22 package store tasting permit may conduct product tastings of
1-23 cordials and liqueurs, wine, beer, and malt-based or spirit-based
2-1 coolers on the licensed premises of the holder's package store
2-2 during regular business hours under the following conditions:
2-3 a. Written notification shall be made to the commission by
2-4 letter placed in the United States mail first class at least 72
2-5 hours prior to the tasting event.
2-6 b. The notification shall clearly state:
2-7 1. the type and brand of alcoholic beverage to be
2-8 tasted;
2-9 2. the date and hours the tasting is to take place;
2-10 and
2-11 3. the address of the premises at which the tasting is
2-12 to occur.
2-13 c. A copy of the notice shall be kept on file and available
2-14 for inspection on the premises during all tasting hours.
2-15 d. Sample portions shall be limited to no more than 1/2
2-16 ounce for cordials or liqueurs, no more than 1 ounce for wine, and
2-17 no more than 1 ounce for beer or coolers.
2-18 e. At any one time, no more than two of the following
2-19 categories may be tasted simultaneously:
2-20 1. cordials and liqueurs,
2-21 2. wine, or
2-22 3. beer and coolers.
2-23 f. When cordials and liqueurs are tasted, no more than one
2-24 brand or type may be made available for tasting at any one time.
2-25 When wine is tasted, no more than three different wines may be made
3-1 available for tasting at any one time. When beer or coolers are
3-2 tasted, no more than two brands or types of beer or cooler may be
3-3 made available for tasting at any one time.
3-4 g. No charge of any sort may be made for sample servings.
3-5 h. Persons may be served more than one sample; however,
3-6 samples shall not be served to minors or to obviously intoxicated
3-7 persons. No samples may be carried off the licensed premises.
3-8 i. During the tasting no more than two containers of each
3-9 brand or type of product being tasted may be open on the premises
3-10 at one time.
3-11 j. At the conclusion of the tasting, all empty or open
3-12 containers of alcoholic beverages used in the tasting shall be
3-13 removed from the premises.
3-14 k. A tasting event authorized by this section may not be
3-15 advertised except by on-site communications or by direct mail.
3-16 Section 22A.02. FEE. The annual state fee for a package
3-17 store tasting permit is $25.00. The fee is in addition to and
3-18 subject to the same conditions as the fee paid for the holder's
3-19 package store permit.
3-20 Section 22A.03. ELIGIBILITY FOR PERMIT. The commission or
3-21 the administrator may issue a package store tasting permit only to
3-22 the holder of a package store permit. For purposes of this code
3-23 and any other law of this state or subdivision thereof, a package
3-24 store tasting permit shall not be considered a permit authorizing
3-25 the sale of alcoholic beverages for on-premise consumption. Since
4-1 no charge may be made for samples tasted on the premises of a
4-2 package store, none of a package store's revenue shall be deemed to
4-3 be revenue from the on-premise sale of alcoholic beverages.
4-4 SECTION 4. Emergency Clause. The importance of this
4-5 legislation and the crowded condition of the calendars in both
4-6 houses create an emergency and an imperative public necessity that
4-7 the constitutional rule requiring bills to be read on three several
4-8 days in each house be suspended, and this rule is hereby suspended,
4-9 and that this Act take effect and be in force according to its
4-10 terms, and it is so enacted.
4-11 COMMITTEE AMENDMENT NO. 1
4-12 Amend H.B. 2523 by deleting on page 3, line 17 $25.00. and
4-13 adding as follows: $50.00.
4-14 Campbell