By: Harris of Dallas S.B. No. 1091
A BILL TO BE ENTITLED
AN ACT
1-1 relating to authorizing product tastings on the premises of a
1-2 package store.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 22.10, Alcoholic Beverage Code, is
1-5 amended to read as follows:
1-6 Sec. 22.10. Opening Containers Prohibited. Except as
1-7 authorized under Section 22A.01, no <No> person may break or open a
1-8 container containing liquor or beer or possess an opened container
1-9 of liquor or beer on the premises of a package store.
1-10 SECTION 2. Section 22.11, Alcoholic Beverage Code, is
1-11 amended to read as follows:
1-12 Sec. 22.11. Consumption on Premises Prohibited. Except as
1-13 authorized under Section 22A.01, no <No> person may sell, barter,
1-14 exchange, deliver, or give away any drink or drinks of alcoholic
1-15 beverages from a container that has been opened or broken on the
1-16 premises of a package store.
1-17 SECTION 3. Subtitle A, Title 3, Alcoholic Beverage Code, is
1-18 amended by adding Chapter 22A to read as follows:
1-19 Chapter 22A. PACKAGE STORE TASTING PERMIT
1-20 Sec. 22A.01. AUTHORIZED ACTIVITIES. The holder of a package
1-21 store tasting permit may conduct product tastings of cordials and
1-22 liqueurs, wine, beer, and malt-based or spirit-based coolers on the
1-23 licensed premises of the holder's package store during regular
2-1 business hours under the following conditions:
2-2 (1) Written notification shall be made to the
2-3 commission by letter placed in the United States mail first class
2-4 at least 72 hours prior to the tasting event.
2-5 (2) The notification shall clearly state:
2-6 (A) the type and brand of alcoholic beverage to
2-7 be tasted;
2-8 (B) the date and hours the tasting is to take
2-9 place; and
2-10 (C) the address of the premises at which the
2-11 tasting is to occur.
2-12 (3) A copy of the notice shall be kept on file and
2-13 available for inspection on the premises during all tasting hours.
2-14 (4) Sample portions shall be limited to no more than
2-15 one-half ounce for cordials or liqueurs, no more than one ounce for
2-16 wine, and no more than one ounce for beer or coolers.
2-17 (5) At any one time, no more than two of the following
2-18 categories may be tasted simultaneously:
2-19 (A) cordials and liqueurs;
2-20 (B) wine; or
2-21 (C) beer and coolers.
2-22 (6) When cordials and liqueurs are tasted, no more
2-23 than one brand or type may be made available for tasting at any one
2-24 time. When wine is tasted, no more than three different wines may
2-25 be made available for tasting at any one time. When beer or
3-1 coolers are tasted, no more than two brands or types of beer or
3-2 cooler may be made available for tasting at any one time.
3-3 (7) No charge of any sort may be made for sample
3-4 servings.
3-5 (8) Persons may be served more than one sample;
3-6 however, samples shall not be served to minors or to obviously
3-7 intoxicated persons. No samples may be carried off the licensed
3-8 premises.
3-9 (9) During the tasting no more than two containers of
3-10 each brand or type of product being tasted may be open on the
3-11 premises at one time.
3-12 (10) At the conclusion of the tasting, all empty or
3-13 open containers of alcoholic beverages used in the tasting shall be
3-14 removed from the premises.
3-15 (11) A tasting event authorized by this section may
3-16 not be advertised except by on-site communications or by direct
3-17 mail.
3-18 Sec. 22A.02. FEE. The annual state fee for a package store
3-19 tasting permit is $50. The fee is in addition to and subject to
3-20 the same conditions as the fee paid for the holder's package store
3-21 permit.
3-22 Sec. 22A.03. ELIGIBILITY FOR PERMIT. The commission or the
3-23 administrator may issue a package store tasting permit only to the
3-24 holder of a package store permit. For purposes of this code and
3-25 any other law of this state or subdivision thereof, a package store
4-1 tasting permit shall not be considered a permit authorizing the
4-2 sale of alcoholic beverages for on-premises consumption. Since no
4-3 charge may be made for samples tasted on the premises of a package
4-4 store, none of a package store's revenue shall be deemed to be
4-5 revenue from the on-premises sale of alcoholic beverages.
4-6 SECTION 4. The importance of this legislation and the
4-7 crowded condition of the calendars in both houses create an
4-8 emergency and an imperative public necessity that the
4-9 constitutional rule requiring bills to be read on three several
4-10 days in each house be suspended, and this rule is hereby suspended,
4-11 and that this Act take effect and be in force from and after its
4-12 passage, and it is so enacted.