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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