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.