S.B. No. 414
AN ACT
1-1 relating to the restricted sale of wine for off-premises
1-2 consumption by the holder of a winery permit in certain dry areas.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 16.05, Alcoholic Beverage Code, is
1-5 amended to read as follows:
1-6 Sec. 16.05. Location of Premises. (a) A winery permit may
1-7 be issued for licensed premises in a dry area, but, except as
1-8 provided by Subsection (b), the permittee may not sell wine in a
1-9 dry area.
1-10 (b) If the premises are in a dry area, the permittee may
1-11 sell wine in this state to:
1-12 (1) permit holders authorized to sell wine to the
1-13 ultimate consumer in unbroken packages for off-premises consumption
1-14 in an amount not to exceed 25,000 gallons annually;
1-15 (2) <and to> holders of wholesaler's permits, winery
1-16 permits, and wine bottler's permits; and
1-17 (3) ultimate consumers for consumption off winery
1-18 premises for seven consecutive days each year if:
1-19 (A) the winery is located in:
1-20 (i) a dry area; and
1-21 (ii) a county with a population of 15,000
1-22 or less in which a majority of the area of the county is a dry area
1-23 and in which one municipality is in a wet area;
1-24 (B) the grapes used in manufacturing the wine
2-1 are grown and harvested in the dry area;
2-2 (C) the wine is manufactured, bottled, and sold
2-3 on the winery premises; and
2-4 (D) the holder of the permit, not later than the
2-5 14th day before the date of the start of the seven-day period,
2-6 notifies the commission of the winery's intention to sell wine
2-7 under the authority of this subsection.
2-8 SECTION 2. The importance of this legislation and the
2-9 crowded condition of the calendars in both houses create an
2-10 emergency and an imperative public necessity that the
2-11 constitutional rule requiring bills to be read on three several
2-12 days in each house be suspended, and this rule is hereby suspended,
2-13 and that this Act take effect and be in force from and after its
2-14 passage, and it is so enacted.