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