By Yarbrough H.B. No. 1419 Substitute the following for H.B. No. 1419: By Pickett C.S.H.B. No. 1419 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the issuance of a food and beverage certificate to 1-3 certain holders of alcoholic beverage permits. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Chapter 28, Alcoholic Beverage Code, is amended 1-6 by adding Section 28.18 to read as follows: 1-7 Sec. 28.18. FOOD AND BEVERAGE CERTIFICATE. (a) A holder of 1-8 a mixed beverage permit may be issued a food and beverage 1-9 certificate by the commission if the gross receipts of mixed 1-10 beverages sold by the holder are 75 percent or less of the total 1-11 gross receipts from the premises. 1-12 (b) The commission by rule shall adopt a method for 1-13 reporting the holder's gross receipts from the sale of mixed 1-14 beverages and the holder's gross receipts from the premises. 1-15 (c) The annual fee for a food and beverage certificate shall 1-16 cover the cost of certifying and issuing the certificate. 1-17 (d) On receipt of an application for a renewal of a mixed 1-18 beverage permit by a holder who also holds a food and beverage 1-19 certificate, the commission shall request certification by the 1-20 comptroller to determine whether the holder is in compliance with 1-21 Subsection (a). If the comptroller certifies that the holder is 1-22 not in compliance with Subsection (a), the commission may not renew 1-23 the certificate. 1-24 (e) A certificate expires on the first anniversary of the 2-1 issuance of the certificate. A holder of a mixed beverage permit 2-2 who is denied renewal of a certificate may not apply for a new 2-3 certificate until the day after the first anniversary of the 2-4 determination of the comptroller under Subsection (d). 2-5 (f) The provisions of this code that apply to a holder of a 2-6 mixed beverage permit, except Section 11.11, also apply to a holder 2-7 of a food and beverage certificate. 2-8 SECTION 2. Chapter 32, Alcoholic Beverage Code, is amended 2-9 by adding Section 32.23 to read as follows: 2-10 Sec. 32.23. FOOD AND BEVERAGE CERTIFICATE. (a) A holder of 2-11 a private club registration permit may be issued a food and 2-12 beverage certificate by the commission if the gross receipts of 2-13 mixed beverages served by the holder are 75 percent or less of the 2-14 total gross receipts from the premises. 2-15 (b) The commission by rule shall adopt a method for 2-16 reporting the holder's gross receipts from the service of mixed 2-17 beverages and the holder's gross receipts from the premises. 2-18 (c) The annual fee for a food and beverage certificate shall 2-19 cover the cost of certifying and issuing the certificate. 2-20 (d) On receipt of an application for a renewal of a private 2-21 club registration permit by a holder who also holds a food and 2-22 beverage certificate, the commission shall request certification by 2-23 the comptroller to determine whether the holder is in compliance 2-24 with Subsection (a). If the comptroller certifies that the holder 2-25 is not in compliance with Subsection (a), the commission may not 2-26 renew the certificate. 2-27 (e) A certificate expires on the first anniversary of the 3-1 issuance of the certificate. A holder of a private club 3-2 registration permit who is denied renewal of a certificate may not 3-3 apply for a new certificate until the day after the first 3-4 anniversary of the determination of the comptroller under 3-5 Subsection (d). 3-6 (f) The provisions of this code that apply to a holder of a 3-7 private club registration permit, except Section 11.11, also apply 3-8 to a holder of a food and beverage certificate. 3-9 SECTION 3. This Act takes effect September 1, 1995. 3-10 SECTION 4. The importance of this legislation and the 3-11 crowded condition of the calendars in both houses create an 3-12 emergency and an imperative public necessity that the 3-13 constitutional rule requiring bills to be read on three several 3-14 days in each house be suspended, and this rule is hereby suspended.