By Maxey H.B. No. 1921
74R7035 CAG-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the authorized activities of a holder of a brewpub
1-3 license.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 31.01, Alcoholic Beverage Code, is
1-6 amended to read as follows:
1-7 Sec. 31.01. AUTHORIZED ACTIVITIES. (a) The holder of a
1-8 caterer's permit may sell mixed beverages on a temporary basis at a
1-9 place other than the premises for which the holder's mixed beverage
1-10 permit or brewpub license is issued only in:
1-11 (1) an area where the sale of mixed beverages has been
1-12 authorized by a local option election; or
1-13 (2) an area that:
1-14 (A) is adjacent to a county with a home-rule
1-15 municipality with a population of more than 350,000:
1-16 (i) that has in its charter a provision
1-17 allowing for limited purpose annexation for zoning;
1-18 (ii) that has previously disannexed
1-19 territory annexed for limited purposes; and
1-20 (iii) that allows the sale of mixed
1-21 beverages;
1-22 (B) does not comprise an entire county; and
1-23 (C) is not within the corporate limits of a
1-24 municipality.
2-1 (b) The holder of a brewpub license who also holds a
2-2 caterer's permit may sell only the type of mixed beverages that the
2-3 holder is allowed to sell under any license or permit, other than
2-4 the caterer's permit, held by the holder of a brewpub license.
2-5 SECTION 2. Sections 31.03(a) and (c), Alcoholic Beverage
2-6 Code, are amended to read as follows:
2-7 (a) A caterer's permit may be issued only to the holder of a
2-8 mixed beverage permit or a brewpub license.
2-9 (c) The provisions of this code which apply to the
2-10 application for and issuance of other permits or licenses do not
2-11 apply to the application for and issuance of a caterer's permit.
2-12 SECTION 3. Section 31.04, Alcoholic Beverage Code, is
2-13 amended to read as follows:
2-14 Sec. 31.04. APPLICATION OF PROVISIONS REGULATING MIXED
2-15 BEVERAGE PERMITS OR BREWPUB LICENSES. (a) A caterer's permit is
2-16 auxiliary to the primary mixed beverage permit or brewpub license
2-17 held by the permittee or licensee.
2-18 (b) The restrictions and regulations which apply to the sale
2-19 of mixed beverages on the licensed premises also apply to the sale
2-20 under the authority of a caterer's permit, and any act that is
2-21 prohibited on the licensed premises is also prohibited when the
2-22 permittee or licensee is operating other than on the licensed
2-23 premises under a caterer's permit.
2-24 (c) Any act which if done on the licensed premises would be
2-25 a ground for cancellation or suspension of the mixed beverage
2-26 permit or brewpub license is a ground for cancellation of both the
2-27 mixed beverage permit or brewpub license and the caterer's permit
3-1 if done when the permittee or licensee is operating away from the
3-2 licensed premises under the authority of the caterer's permit.
3-3 (d) All receipts from the sale of mixed beverages under the
3-4 authority of the caterer's permit shall be treated for tax purposes
3-5 as if they were made under the authority of the primary permit.
3-6 (e) If the primary permit ceases to be valid for any reason,
3-7 the caterer's permit ceases to be valid.
3-8 (f) All provisions of this code applicable to the primary
3-9 permit and not inconsistent with this chapter apply to a caterer's
3-10 permit.
3-11 SECTION 4. Sections 74.01(a) and (c), Alcoholic Beverage
3-12 Code, are amended to read as follows:
3-13 (a) A holder of a brewpub license for a brewpub located in a
3-14 wet area, as that term is described by Section 251.71 of this code,
3-15 may:
3-16 (1) manufacture, brew, bottle, can, package, and label
3-17 malt liquor, ale, and beer;
3-18 (2) sell or offer without charge, on the licensed
3-19 premises <of the brewpub>, to ultimate consumers for consumption on
3-20 or off those premises, malt liquor, ale, or beer produced by the
3-21 holder, in or from a lawful container, to the extent the sales or
3-22 offers are allowed under the holder's other permits or licenses;
3-23 <and>
3-24 (3) sell food on the premises of the holder's
3-25 breweries; and
3-26 (4) sell malt liquor, ale, or beer produced by the
3-27 holder under the conditions of a caterer's permit.
4-1 (c) A holder of a brewpub license must also hold a wine and
4-2 beer retailer's permit, a mixed beverage permit, or a retail
4-3 dealer's on-premise license and may hold a caterer's permit.
4-4 SECTION 5. Section 74.04, Alcoholic Beverage Code, is
4-5 amended to read as follows:
4-6 Sec. 74.04. LICENSE APPLICATION, RENEWAL, AND MAINTENANCE;
4-7 RECORDS; LICENSE ISSUANCE. All provisions of this code that apply
4-8 to a brewpub licensee's wine and beer retailer's permit, mixed
4-9 beverage permit, caterer's permit, or retail dealer's on-premise
4-10 license also apply to the brewpub license.
4-11 SECTION 6. This Act takes effect September 1, 1995.
4-12 SECTION 7. The importance of this legislation and the
4-13 crowded condition of the calendars in both houses create an
4-14 emergency and an imperative public necessity that the
4-15 constitutional rule requiring bills to be read on three several
4-16 days in each house be suspended, and this rule is hereby suspended.