By Cuellar of Webb H.B. No. 251
75R1009 BEM-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to creating a license for the storage of imported beer,
1-3 ale, and malt liquor.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subtitle B, Title 3, Alcoholic Beverage Code, is
1-6 amended by adding Chapter 75 to read as follows:
1-7 CHAPTER 75. STORAGE LICENSE
1-8 Sec. 75.01. AUTHORIZED ACTIVITIES. (a) The holder of a
1-9 storage license may import and store beer, ale, and malt liquor in
1-10 the same county for which a manufacturer's warehouse license is in
1-11 effect for:
1-12 (1) storage purposes only in a wet area, as that term
1-13 is described by Section 251.71, from the holder of a nonresident
1-14 manufacturer's license or nonresident brewer's permit; and
1-15 (2) sale only outside the state to qualified persons.
1-16 (b) Only holders of a carrier permit may transport beer,
1-17 ale, or malt liquor to or from the holder of a storage license.
1-18 All provisions of Chapter 41 relating to the transportation of
1-19 liquor also apply to transportation of beer, ale, or malt liquor
1-20 under this chapter.
1-21 Sec. 75.02. RECORDS. (a) Each holder of a storage license
1-22 shall make and keep a daily record of each receipt of beer, ale, or
1-23 malt liquor. Each transaction shall be recorded on the day it
1-24 occurs. The license holder shall make and keep any other records
2-1 that the administrator or commission requires.
2-2 (b) All required records shall be kept available for
2-3 inspection by the commission or its authorized representative
2-4 during reasonable office hours for at least four years.
2-5 (c) The failure to make or keep a record as required by this
2-6 section, the making of a false entry in the record, or the failure
2-7 to make an entry as required by this section is a violation of this
2-8 code.
2-9 Sec. 75.03. PREMISES. The holder of a storage license may
2-10 not share the location or business with another holder of a license
2-11 issued under this code. Designation of a portion of a building,
2-12 grounds, or appurtenances for exclusion under Section 11.49(b) is
2-13 not available to the holder of a storage license.
2-14 Sec. 75.04. FEE. The annual fee for a storage license is
2-15 $200.
2-16 Sec. 75.05. LICENSING. The licensing provisions of Chapter
2-17 61, except Sections 61.42(a)(5) and (8), apply to storage licenses.
2-18 The commission or administrator may suspend for not more than 60
2-19 days or cancel an original or renewal storage license if the
2-20 commission or administrator determines, after notice and hearing,
2-21 that the license holder violated a provision of this code or a rule
2-22 of the commission during the existence of the license or during the
2-23 immediately preceding license period.
2-24 SECTION 2. Section 61.31(a), Alcoholic Beverage Code, is
2-25 amended to read as follows:
2-26 (a) A person may file an application for a license to
2-27 manufacture, distribute, store, or sell beer in termtime or
3-1 vacation with the county judge of the county in which he desires to
3-2 conduct business. He shall file the application in duplicate.
3-3 SECTION 3. This Act takes effect September 1, 1997.
3-4 SECTION 4. The importance of this legislation and the
3-5 crowded condition of the calendars in both houses create an
3-6 emergency and an imperative public necessity that the
3-7 constitutional rule requiring bills to be read on three several
3-8 days in each house be suspended, and this rule is hereby suspended.