By Hilbert H.B. No. 3312
75R2939 PAM-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the employment or other presence of a minor on the
1-3 premises of certain businesses selling alcoholic beverages.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 106, Alcoholic Beverage Code, is amended
1-6 by adding Section 106.15 to read as follows:
1-7 Sec. 106.15. PRESENCE OF MINOR. (a) Except as provided by
1-8 Subsection (b), a minor may not be on the premises of a business
1-9 that derives 90 percent or more of its gross revenues from the
1-10 retail sale or service of alcoholic beverages, and the holder of
1-11 the permit or license covering the premises where the business is
1-12 operated may not allow a minor to be on the premises.
1-13 (b) This section does not prohibit:
1-14 (1) a business from lawfully employing or contracting
1-15 with a minor;
1-16 (2) a minor from being on the premises of a holder of
1-17 a package store permit or wine only package store permit if the
1-18 minor's parent or legal guardian accompanies the minor;
1-19 (3) a minor from being on the premises of a licensed
1-20 or permitted business if the minor is accompanied on the premises
1-21 by the minor's parent, guardian, or spouse, or an adult in whose
1-22 custody the minor has been committed by a court, if that person may
1-23 lawfully be on the premises; or
1-24 (4) a minor from being on the premises of a licensed
2-1 or permitted business during a time that the holder of the license
2-2 or permit is prohibited from selling or delivering alcoholic
2-3 beverages on the premises.
2-4 (c) For purposes of this section, the gross revenues of the
2-5 business include the revenues of the holder of a license or permit
2-6 and any entity with whom the holder of a license or permit shares
2-7 space or business facilities on the premises.
2-8 SECTION 2. Sections 106.09(b) and (c), Alcoholic Beverage
2-9 Code, are amended to read as follows:
2-10 (b) Except as provided by Section 106.15, a [A] holder of a
2-11 package store permit or a wine only package store permit may employ
2-12 a person 16 years old or older to work in any capacity.
2-13 (c) Except as provided by Section 106.15, a [A] holder of a
2-14 mixed beverage permit may employ a person under 18 years of age to
2-15 work in any capacity other than the actual selling, preparing, or
2-16 serving of mixed beverages.
2-17 SECTION 3. This Act takes effect September 1, 1997.
2-18 SECTION 4. The importance of this legislation and the
2-19 crowded condition of the calendars in both houses create an
2-20 emergency and an imperative public necessity that the
2-21 constitutional rule requiring bills to be read on three several
2-22 days in each house be suspended, and this rule is hereby suspended.