By Cain S.B. No. 1662
74R10627 CAG-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the restricted sale of wine for off-premises
1-3 consumption by the holder of a winery permit in certain dry areas.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 16.05, Alcoholic Beverage Code, is
1-6 amended to read as follows:
1-7 Sec. 16.05. Location of Premises. (a) A winery permit may
1-8 be issued for licensed premises in a dry area, but, except as
1-9 provided by Subsection (b), the permittee may not sell wine in a
1-10 dry area.
1-11 (b) If the premises are in a dry area, the permittee may
1-12 sell wine in this state to:
1-13 (1) permit holders authorized to sell wine to the
1-14 ultimate consumer in unbroken packages for off-premises consumption
1-15 in an amount not to exceed 25,000 gallons annually;
1-16 (2) <and to> holders of wholesaler's permits, winery
1-17 permits, and wine bottler's permits; and
1-18 (3) ultimate consumers for consumption off winery
1-19 premises if:
1-20 (A) the winery is located in:
1-21 (i) a dry area; and
1-22 (ii) a county that has a population of at
1-23 least 20,000 but not more than 25,000 and that borders the Red
1-24 River in which a majority of the area of the county is a dry area;
2-1 (B) the grapes used in manufacturing the wine
2-2 are grown and harvested in the dry area;
2-3 (C) the wine is manufactured, bottled, and sold
2-4 on the winery premises;
2-5 (D) the wine is sold during a regularly
2-6 scheduled winery tour; and
2-7 (E) the holder of the permit, not later than the
2-8 14th day before the date the winery begins to sell wine, notifies
2-9 the commission of the winery's intention to sell wine under the
2-10 authority of this subsection.
2-11 SECTION 2. The importance of this legislation and the
2-12 crowded condition of the calendars in both houses create an
2-13 emergency and an imperative public necessity that the
2-14 constitutional rule requiring bills to be read on three several
2-15 days in each house be suspended, and this rule is hereby suspended,
2-16 and that this Act take effect and be in force from and after its
2-17 passage, and it is so enacted.