1-1  By:  Harris of Dallas                                 S.B. No. 1091
    1-2        (In the Senate - Filed March 12, 1993; March 15, 1993, read
    1-3  first time and referred to Committee on State Affairs; May 6, 1993,
    1-4  reported adversely, with favorable Committee Substitute by the
    1-5  following vote:  Yeas 8, Nays 0; May 6, 1993, sent to printer.)
    1-6                            COMMITTEE VOTE
    1-7                          Yea     Nay      PNV      Absent 
    1-8        Harris of Dallas   x                               
    1-9        Rosson             x                               
   1-10        Carriker                                      x    
   1-11        Henderson                                     x    
   1-12        Leedom             x                               
   1-13        Lucio              x                               
   1-14        Luna                                          x    
   1-15        Nelson             x                               
   1-16        Patterson          x                               
   1-17        Shelley                                       x    
   1-18        Sibley             x                               
   1-19        West               x                               
   1-20        Whitmire                                      x    
   1-21  COMMITTEE SUBSTITUTE FOR S.B. No. 1091        By:  Harris of Dallas
   1-22                         A BILL TO BE ENTITLED
   1-23                                AN ACT
   1-24  relating to authorizing product tastings on the premises of a
   1-25  package store.
   1-26        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-27        SECTION 1.  Section 22.10, Alcoholic Beverage Code, is
   1-28  amended to read as follows:
   1-29        Sec. 22.10.  Opening Containers Prohibited.  Except as
   1-30  authorized under Section 22A.01, no <No> person may break or open a
   1-31  container containing liquor or beer or possess an opened container
   1-32  of liquor or beer on the premises of a package store.
   1-33        SECTION 2.  Section 22.11, Alcoholic Beverage Code, is
   1-34  amended to read as follows:
   1-35        Sec. 22.11.  Consumption on Premises Prohibited.  Except as
   1-36  authorized under Section 22A.01, no <No> person may sell, barter,
   1-37  exchange, deliver, or give away any drink or drinks of alcoholic
   1-38  beverages from a container that has been opened or broken on the
   1-39  premises of a package store.
   1-40        SECTION 3.  Subtitle A, Title 3, Alcoholic Beverage Code, is
   1-41  amended by adding Chapter 22A to read as follows:
   1-42              Chapter 22A.  PACKAGE STORE TASTING PERMIT
   1-43        Sec. 22A.01.  AUTHORIZED ACTIVITIES.  The holder of a package
   1-44  store tasting permit may conduct product tastings of cordials and
   1-45  liqueurs, wine, beer, and malt-based or spirit-based coolers on the
   1-46  licensed premises of the holder's package store during regular
   1-47  business hours under the following conditions:
   1-48              (1)  Written notification shall be made to the
   1-49  commission by letter placed in the United States mail first class
   1-50  at least 72 hours prior to the tasting event.
   1-51              (2)  The notification shall clearly state:
   1-52                    (A)  the type and brand of alcoholic beverage to
   1-53  be tasted;
   1-54                    (B)  the date and hours the tasting is to take
   1-55  place; and
   1-56                    (C)  the address of the premises at which the
   1-57  tasting is to occur.
   1-58              (3)  A copy of the notice shall be kept on file and
   1-59  available for inspection on the premises during all tasting hours.
   1-60              (4)  Sample portions shall be limited to no more than
   1-61  one-half ounce for cordials or liqueurs, no more than one ounce for
   1-62  wine, and no more than one ounce for beer or coolers.
   1-63              (5)  At any one time, no more than two of the following
   1-64  categories may be tasted simultaneously:
   1-65                    (A)  cordials and liqueurs;
   1-66                    (B)  wine; or
   1-67                    (C)  beer and coolers.
   1-68              (6)  When cordials and liqueurs are tasted, no more
    2-1  than one brand or type may be made available for tasting at any one
    2-2  time.  When wine is tasted, no more than three different wines may
    2-3  be made available for tasting at any one time.  When beer or
    2-4  coolers are tasted, no more than two brands or types of beer or
    2-5  cooler may be made available for tasting at any one time.
    2-6              (7)  No charge of any sort may be made for sample
    2-7  servings.
    2-8              (8)  Persons may be served more than one sample;
    2-9  however, samples shall not be served to minors or to obviously
   2-10  intoxicated persons.  No samples may be carried off the licensed
   2-11  premises.
   2-12              (9)  During the tasting no more than two containers of
   2-13  each brand or type of product being tasted may be open on the
   2-14  premises at one time.
   2-15              (10)  At the conclusion of the tasting, all empty or
   2-16  open containers of alcoholic beverages used in the tasting shall be
   2-17  removed from the premises.
   2-18              (11)  A tasting event authorized by this section may
   2-19  not be advertised except by on-site communications or by direct
   2-20  mail.
   2-21        Sec. 22A.02.  FEE.  The annual state fee for a package store
   2-22  tasting permit is $50.  The fee is in addition to and subject to
   2-23  the same conditions as the fee paid for the holder's package store
   2-24  permit.
   2-25        Sec. 22A.03.  ELIGIBILITY FOR PERMIT.  The commission or the
   2-26  administrator may issue a package store tasting permit only to the
   2-27  holder of a package store permit.  For purposes of this code and
   2-28  any other law of this state or subdivision thereof, a package store
   2-29  tasting permit shall not be considered a permit authorizing the
   2-30  sale of alcoholic beverages for on-premises consumption.  Since no
   2-31  charge may be made for samples tasted on the premises of a package
   2-32  store, none of a package store's revenue shall be deemed to be
   2-33  revenue from the on-premises sale of alcoholic beverages.
   2-34        SECTION 4.  The importance of this legislation and the
   2-35  crowded condition of the calendars in both houses create an
   2-36  emergency and an imperative public necessity that the
   2-37  constitutional rule requiring bills to be read on three several
   2-38  days in each house be suspended, and this rule is hereby suspended,
   2-39  and that this Act take effect and be in force from and after its
   2-40  passage, and it is so enacted.
   2-41                               * * * * *
   2-42                                                         Austin,
   2-43  Texas
   2-44                                                         May 6, 1993
   2-45  Hon. Bob Bullock
   2-46  President of the Senate
   2-47  Sir:
   2-48  We, your Committee on State Affairs to which was referred S.B. No.
   2-49  1091, have had the same under consideration, and I am instructed to
   2-50  report it back to the Senate with the recommendation that it do not
   2-51  pass, but that the Committee Substitute adopted in lieu thereof do
   2-52  pass and be printed.
   2-53                                                         Harris of
   2-54  Dallas, Chairman
   2-55                               * * * * *
   2-56                               WITNESSES
   2-57                                                  FOR   AGAINST  ON
   2-58  ___________________________________________________________________
   2-59  Name:  Fred Niemann Jr                           x
   2-60  Representing:  Texas Package Stores Assn
   2-61  City:  Austin
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