By Yarbrough H.B. No. 2788
75R7213 PAM-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to regulation of storage facilities used by certain
1-3 alcoholic beverage license or permit holders.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 11.34(a), Alcoholic Beverage Code, is
1-6 amended to read as follows:
1-7 (a) An applicant for a wholesaler's, class B wholesaler's,
1-8 distiller's and rectifier's, brewer's, or winery permit may
1-9 consolidate in a single application an [his] application for that
1-10 permit and an [his] application for[:]
1-11 [(1) private storage;]
1-12 [(2) storage in a public bonded warehouse;]
1-13 [(3)] a private carrier's permit[;] and
1-14 [(4)] any other permit the applicant [he] is qualified
1-15 to receive for the same location.
1-16 SECTION 2. Section 11.38(d), Alcoholic Beverage Code, is
1-17 amended to read as follows:
1-18 (d) The following are exempt from the fee authorized in this
1-19 section:
1-20 (1) agent's, airline beverage, passenger train
1-21 beverage, industrial, carrier's, private carrier's, private club
1-22 registration, local cartage, [storage,] and temporary wine and beer
1-23 retailer's permits;
1-24 (2) a wine and beer retailer's permit issued for a
2-1 dining, buffet, or club car; and
2-2 (3) a mixed beverage permit during the three-year
2-3 period following the issuance of the permit.
2-4 SECTION 3. Section 11.40, Alcoholic Beverage Code, is
2-5 amended to read as follows:
2-6 Sec. 11.40. NOTICE TO COUNTY JUDGE. The commission shall
2-7 give notice of all permit applications to the county judge of the
2-8 county in which the applicant's place of business is located,
2-9 unless the county judge waives the required notice in writing.
2-10 Notice is not required in the case of an application for a wine and
2-11 beer retailer's, wine and beer retailer's off-premise, temporary
2-12 wine and beer retailer's, carrier's, private carrier's, airline
2-13 beverage, industrial, agent's, manufacturer's agent's, or bonded
2-14 warehouse[, or storage] permit.
2-15 SECTION 4. Section 46.01, Alcoholic Beverage Code, is
2-16 amended to read as follows:
2-17 Sec. 46.01. AUTHORIZED ACTIVITIES. The holder of a bonded
2-18 warehouse permit may store alcoholic beverages [liquor] for any
2-19 holder of [permittee who holds] a permit or license authorizing
2-20 [its] storage of alcoholic beverages in a public bonded warehouse.
2-21 SECTION 5. Section 46.03, Alcoholic Beverage Code, is
2-22 amended to read as follows:
2-23 Sec. 46.03. QUALIFICATIONS FOR PERMIT. [(a)] A bonded
2-24 warehouse permit may be issued to any public bonded warehouse that:
2-25 (1) derives at least 50 percent of its gross revenue
2-26 in a bona fide manner during each three-month period from the
2-27 storage of goods or merchandise other than alcoholic beverages
3-1 [liquor]; and
3-2 (2) is not located in a dry area.
3-3 [(b) A bonded warehouse permit may be issued to a public
3-4 bonded warehouse described by Subsection (a)(1) of this section
3-5 that is located in a dry area only for the storage of the wine of
3-6 the holder of a winery permit who holds a permit authorizing its
3-7 storage in a public bonded warehouse.]
3-8 SECTION 6. Section 46.04, Alcoholic Beverage Code, is
3-9 amended to read as follows:
3-10 Sec. 46.04. STORAGE INFORMATION. The holder of a bonded
3-11 warehouse permit shall furnish such information concerning the
3-12 alcoholic beverages [liquor] stored and withdrawn as may be
3-13 required by the commission.
3-14 SECTION 7. Section 64.06, Alcoholic Beverage Code, is
3-15 amended to read as follows:
3-16 Sec. 64.06. WAREHOUSES; DELIVERY TRUCKS. Section 109.71
3-17 [62.08] of this code applies to the use of warehouses and delivery
3-18 trucks by general distributor's licensees.
3-19 SECTION 8. Section 65.06, Alcoholic Beverage Code, is
3-20 amended to read as follows:
3-21 Sec. 65.06. WAREHOUSES; DELIVERY TRUCKS. Section 109.71
3-22 [62.08] of this code applies to the use of warehouses and delivery
3-23 trucks by local distributor's licensees.
3-24 SECTION 9. Section 66.09, Alcoholic Beverage Code, is
3-25 amended to read as follows:
3-26 Sec. 66.09. WAREHOUSES; DELIVERY TRUCKS. Section 109.71
3-27 [62.08] of this code applies to the use of warehouses and delivery
4-1 trucks by branch distributor's licensees.
4-2 SECTION 10. Chapter 109, Alcoholic Beverage Code, is amended
4-3 by adding Subchapter E to read as follows:
4-4 SUBCHAPTER E. STORAGE FACILITIES
4-5 Sec. 109.71. STORAGE FACILITY: BEER. (a) The holder of a
4-6 manufacturer's or distributor's license may:
4-7 (1) maintain or contract for a warehouse located off
4-8 the licensed premises that is necessary for storing beer;
4-9 (2) if the holder obtains written approval from the
4-10 commission, make deliveries from a warehouse without obtaining a
4-11 license for the warehouse premises; and
4-12 (3) store beer in a location that is covered by a
4-13 bonded warehouse permit.
4-14 (b) The holder of a manufacturer's or distributor's license
4-15 may not import beer directly or indirectly to an unlicensed
4-16 warehouse or a location that is covered by a bonded warehouse
4-17 permit.
4-18 (c) A warehouse, railway car, or other location where orders
4-19 for the sale of beer are taken or money from the sale of beer is
4-20 collected is not a storage facility for purposes of this section
4-21 and is a separate place of business for which a license is
4-22 required. A truck operated by a licensed distributor for the sale
4-23 and delivery of beer to a licensed retail dealer at the dealer's
4-24 place of business is not a separate place of business for which a
4-25 license is required.
4-26 (d) The commission may adopt rules governing the
4-27 transportation of beer, the sale of which is to be consummated at a
5-1 licensed retailer's place of business.
5-2 Sec. 109.72. STORAGE FACILITY: LIQUOR. (a) The holder of a
5-3 brewer's, distiller's and rectifier's, winery, or wine bottler's
5-4 permit or any type of wholesaler's permit may store liquor at a
5-5 storage facility that is located off the licensed premises or
5-6 covered by a bonded warehouse permit. The holder shall supply any
5-7 information regarding the storage that is required by the
5-8 commission or administrator.
5-9 (b) The holder may not import liquor directly or indirectly
5-10 to an unlicensed warehouse or a location that is covered by a
5-11 bonded warehouse permit.
5-12 (c) A warehouse, railway car, or other location where orders
5-13 for the sale of liquor are taken or money from the sale of liquor
5-14 is collected is not a storage facility for purposes of this section
5-15 and is a separate place of business for which a permit is required.
5-16 (d) The commission may adopt rules governing the
5-17 transportation and sale of liquor.
5-18 Sec. 109.73. STORAGE FACILITY APPROVAL. (a) Before storing
5-19 any alcoholic beverages off the licensed premises, the holder of
5-20 the permit or license must:
5-21 (1) obtain written approval from the commission
5-22 authorizing the storage of alcoholic beverages off the licensed
5-23 premises; and
5-24 (2) post the approval with the permit or license at
5-25 all times in a conspicuous place on the licensed premises and at
5-26 the approved storage facility.
5-27 (b) The storage facility must be located:
6-1 (1) in the same county in which the premises covered
6-2 by the basic permit or license is located;
6-3 (2) on a site under the permit or license holder's
6-4 control; and
6-5 (3) in an area that permits the sale of the type of
6-6 alcoholic beverage stored.
6-7 (c) If the request for a separate storage facility is
6-8 granted, the commission or administrator, by rule, may attach any
6-9 conditions regarding the use of the facility or transportation of
6-10 alcoholic beverages to the facility that the commission or
6-11 administrator considers proper to promote the purposes of this
6-12 code.
6-13 (d) A storage facility authorized under this section is
6-14 treated as part of the licensed or permitted premises for the
6-15 purpose of the permit or license holder's consent to inspection
6-16 under Section 101.04 and other applicable provisions of this code.
6-17 SECTION 11. (a) Section 62.08, Alcoholic Beverage Code, is
6-18 repealed.
6-19 (b) Chapter 45, Alcoholic Beverage Code, is repealed.
6-20 SECTION 12. This Act takes effect September 1, 1997.
6-21 SECTION 13. The importance of this legislation and the
6-22 crowded condition of the calendars in both houses create an
6-23 emergency and an imperative public necessity that the
6-24 constitutional rule requiring bills to be read on three several
6-25 days in each house be suspended, and this rule is hereby suspended.