BILL ANALYSIS S.B. 414 By: Montford State Affairs 2-14-95 Committee Report (Amended) BACKGROUND Within Dawson County is a vineyard/winery where grapes are grown and harvested and wine is manufactured and bottled on the premises. Every five years, a "Golden Jubilee" is held in Lamesa coinciding with the July 4th holiday. Over the years, many attendees of the jubilee have expressed an interest in touring the winery facility and possibly holding jubilee events at the winery. The members of the local Chamber of Commerce and other local officials would like to have a "Harvest Festival" during the years between the "Golden Tornado Jubilee" event. The festival would be a week-long event coinciding with harvest time at the winery, where festival participants and other tourists could watch grapes being harvested and see the winery in operation. PURPOSE As proposed, S.B. 414 authorizes the sale of wine for off-premises consumption by the holder of a winery permit located in certain dry areas and under certain conditions. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 16.05, Alcoholic Beverage Code, as follows: Sec. 16.05. LOCATION OF PREMISES. (a) Created from existing text. Deletes a prohibition against a permittee selling wine in a dry area. (b)(3) Authorizes the permittee to sell wine in this state, among others, to consumers for consumption off winery premises for seven consecutive days each year if: (A) the winery is located in a dry area and a county with a population of 15,000 or less in which a majority of the area of the county is a dry area and in which one municipality is in a wet area; (B) the grapes used in manufacturing the wine are grown and harvested in the dry area; (C) the wine is manufactured, bottled, and sold on the winery premises; (D) the holder of the permit, not later than the 14th day before the date of the start of the seven-day period, notifies the commission of the winery's intention to sell wine under the authority of this subsection. SECTION 2. Emergency clause. Effective date: upon passage.