By Truan S.B. No. 375
75R7215 PAM-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to combining privileges of certain alcoholic beverage
1-3 permits.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 11.38(d), Alcoholic Beverage Code, is
1-6 amended to read as follows:
1-7 (d) The following are exempt from the fee authorized in this
1-8 section:
1-9 (1) agent's, airline beverage, passenger train
1-10 beverage, industrial, carrier's, private carrier's, private club
1-11 registration, [local cartage,] storage, and temporary wine and beer
1-12 retailer's permits;
1-13 (2) a wine and beer retailer's permit issued for a
1-14 dining, buffet, or club car; and
1-15 (3) a mixed beverage permit during the three-year
1-16 period following the issuance of the permit.
1-17 SECTION 2. Section 22.03, Alcoholic Beverage Code, is
1-18 amended to read as follows:
1-19 Sec. 22.03. DELIVERIES TO CUSTOMERS. (a) The holder of a
1-20 package store permit or wine only package store permit issued for a
1-21 location within a city or town or within two miles of the corporate
1-22 limits of a city or town[, who also holds a local cartage permit,]
1-23 may make deliveries of and collections for alcoholic beverages off
1-24 the premises in areas where the sale of the beverages is legal.
2-1 The permittee must travel by the most direct route and may make
2-2 deliveries and collections only within the city or town or within
2-3 two miles of its corporate limits, and only in response to bona
2-4 fide orders placed by the customer, either in person at the
2-5 premises, in writing, by mail, or by telegraph or telephone. This
2-6 section shall not be construed as preventing a holder of a package
2-7 store permit or wine only package store permit from delivering
2-8 alcoholic beverages to the holder of a carrier's permit for
2-9 transportation to persons authorized to purchase the beverages.
2-10 The holder of a package store permit may not transport liquor for
2-11 hire.
2-12 (b) The holder of a package store permit [who also holds a
2-13 local cartage permit] may transport alcoholic beverages to a
2-14 commercial airline in a regional airport located all or partly in
2-15 an adjoining county if the airport is governed by a board,
2-16 commission, or authority, some of whose members reside in the
2-17 county where the package store is located.
2-18 SECTION 3. Section 22.08, Alcoholic Beverage Code, is
2-19 amended to read as follows:
2-20 Sec. 22.08. TRANSFER OF BEVERAGES. (a) The owner of more
2-21 than one package store [who is also the holder of a local cartage
2-22 permit] may transfer alcoholic beverages between any of his
2-23 licensed premises in the same county between the hours of 7 a.m.
2-24 and 9 p.m. on any day when the sale of those beverages is legal,
2-25 subject to rules prescribed by the commission.
2-26 (b) An application for a package store permit must state in
2-27 the application whether the applicant intends to transport
3-1 alcoholic beverages under the authority of the permit in vehicles
3-2 owned or leased in good faith by the holder.
3-3 (c) A vehicle used for the transportation of alcoholic
3-4 beverages must be available for inspection by commission personnel
3-5 on request.
3-6 (d) A vehicle owned or leased in good faith by the holder of
3-7 a package store permit and used under the permit must be designated
3-8 on the exterior of the vehicle as required by the commission.
3-9 (e) The holder of a package store permit who transports
3-10 alcoholic beverages in vehicles that are not designated as provided
3-11 by Subsection (d) violates this code, and the action constitutes a
3-12 ground for the suspension or cancellation of the permit.
3-13 SECTION 4. Section 22.10, Alcoholic Beverage Code, is
3-14 amended to read as follows:
3-15 Sec. 22.10. OPENING CONTAINERS PROHIBITED. Except as
3-16 authorized under Section 22.17 [52.01] of this code, no person may
3-17 break or open a container containing liquor or beer or possess an
3-18 opened container of liquor or beer on the premises of a package
3-19 store.
3-20 SECTION 5. Section 22.11, Alcoholic Beverage Code, is
3-21 amended to read as follows:
3-22 Sec. 22.11. CONSUMPTION ON PREMISES PROHIBITED. Except as
3-23 authorized under Section 22.17 [52.01], no person may sell, barter,
3-24 exchange, deliver, or give away any drink or drinks of alcoholic
3-25 beverages from a container that has been opened or broken on the
3-26 premises of a package store.
3-27 SECTION 6. Chapter 22, Alcoholic Beverage Code, is amended
4-1 by adding Section 22.17 to read as follows:
4-2 Sec. 22.17. PRODUCT TASTINGS. (a) The holder of a package
4-3 store permit may conduct product tastings of distilled spirits,
4-4 wine, beer, and malt-based or spirit-based coolers on the licensed
4-5 premises of the holder's package store during regular business
4-6 hours as provided by this section.
4-7 (b) Written notification of a product tasting must be made
4-8 to the commission by mailing a letter to the commission not later
4-9 than 72 hours before the tasting event. The notification shall
4-10 clearly state:
4-11 (1) the type and brand of alcoholic beverage to be
4-12 tasted;
4-13 (2) the date and hours the tasting is to take place;
4-14 and
4-15 (3) the address of the premises where the tasting is
4-16 to occur.
4-17 (c) A copy of the notification shall be kept on file and
4-18 available for inspection on the premises during all tasting hours.
4-19 (d) Sample portions at a product tasting shall be limited to
4-20 no more than:
4-21 (1) one-half ounce for distilled spirits;
4-22 (2) one ounce for wine; and
4-23 (3) one ounce for beer and coolers.
4-24 (e) At any one time, not more than two of the following
4-25 categories may be tasted:
4-26 (1) distilled spirits;
4-27 (2) wine; or
5-1 (3) beer and coolers.
5-2 (f) When distilled spirits are tasted, not more than one
5-3 brand or type may be made available for tasting at one time. When
5-4 wine is tasted, not more than three different wines may be made
5-5 available for tasting at any one time. When beer or coolers are
5-6 tasted, not more than two brands or types of beer or coolers may be
5-7 made available at any one time.
5-8 (g) No charge of any sort may be made for a sample serving.
5-9 (h) A person may be served more than one sample. Samples
5-10 may not be served to a minor or to an obviously intoxicated person.
5-11 No samples may be removed from the licensed premises.
5-12 (i) During the tasting, not more than two containers of each
5-13 brand or type of product being tasted may be open on the premises
5-14 at one time.
5-15 (j) At the conclusion of the tasting, all empty or open
5-16 containers of alcoholic beverages used in the tasting shall be
5-17 removed from the premises.
5-18 (k) A tasting event authorized by this section may not be
5-19 advertised except by on-site communications or by direct mail.
5-20 (l) A person other than the holder of a package store permit
5-21 or the holder's agent or employee may not dispense or participate
5-22 in the dispensing of alcoholic beverages under this chapter.
5-23 (m) For purposes of this code or any other law relating to
5-24 the dispensing of alcoholic beverages, a tasting event authorized
5-25 by this section is not considered an authorization of the sale of
5-26 alcoholic beverages for on-premises consumption. For purposes of a
5-27 tasting event authorized by this section, no portion of a package
6-1 store's revenue is revenue from the on-premises consumption of
6-2 alcoholic beverages because no charge may be made for a sample
6-3 tasted on the package store premises.
6-4 SECTION 7. Section 23.04, Alcoholic Beverage Code, is
6-5 amended to read as follows:
6-6 Sec. 23.04. MAY TRANSFER BEVERAGES. (a) The [If the]
6-7 holder of a local distributor's permit [also holds a local cartage
6-8 permit, he] may transfer alcoholic beverages:
6-9 (1) to any place where the sale of alcoholic beverages
6-10 is legal in the city or county where his premises are located; and
6-11 (2) to a regional airport located all or partly in an
6-12 adjoining county if the airport is governed by a board, commission,
6-13 or authority, some of whose members reside in the county where the
6-14 local distributor's premises are located.
6-15 (b) An application for a local distributor's permit must
6-16 state in the application whether the applicant intends to transport
6-17 alcoholic beverages under the authority of the permit in vehicles
6-18 owned or leased in good faith by the holder.
6-19 (c) A vehicle used for the transportation of alcoholic
6-20 beverages must be available for inspection by commission personnel
6-21 on request.
6-22 (d) A vehicle owned or leased in good faith by the holder of
6-23 a local distributor's permit and used under the permit must be
6-24 designated on the exterior of the vehicle as required by the
6-25 commission.
6-26 (e) The holder of a local distributor's permit who
6-27 transports alcoholic beverages in vehicles that are not designated
7-1 as provided by Subsection (d) violates this code, and the action
7-2 constitutes a ground for the suspension or cancellation of the
7-3 permit.
7-4 SECTION 8. Section 24.02, Alcoholic Beverage Code, is
7-5 amended to read as follows:
7-6 Sec. 24.02. FEE. The annual state fee for a wine only
7-7 package store permit is $105 [$75].
7-8 SECTION 9. Section 24.03, Alcoholic Beverage Code, is
7-9 amended to read as follows:
7-10 Sec. 24.03. DELIVERIES AND COLLECTIONS. (a) The holder of a
7-11 wine only package store permit may make deliveries to and
7-12 collections from customers as provided in Section 22.03 of this
7-13 code.
7-14 (b) An application for a wine only package store permit must
7-15 state in the application whether the applicant intends to transport
7-16 alcoholic beverages under the authority of the permit in vehicles
7-17 owned or leased in good faith by the holder.
7-18 (c) A vehicle used for the transportation of alcoholic
7-19 beverages must be available for inspection by commission personnel
7-20 on request.
7-21 (d) A vehicle owned or leased in good faith by the holder of
7-22 a wine only package store permit and used under the permit must be
7-23 designated on the exterior of the vehicle as required by the
7-24 commission.
7-25 (e) The holder of a wine only package store permit who
7-26 transports alcoholic beverages in vehicles that are not designated
7-27 as provided by Subsection (d) violates this code, and the action
8-1 constitutes a ground for the suspension or cancellation of the
8-2 permit.
8-3 SECTION 10. Section 204.01(b), Alcoholic Beverage Code, is
8-4 amended to read as follows:
8-5 (b) No bond is required of a holder of a mixed beverage,
8-6 private club registration, carriers, [local cartage,] wine and beer
8-7 retailers, nonresident seller's, manufacturer's agent's, or agent's
8-8 permit.
8-9 SECTION 11. Chapters 43 and 52, Alcoholic Beverage Code, are
8-10 repealed.
8-11 SECTION 12. This Act takes effect September 1, 1997.
8-12 SECTION 13. The importance of this legislation and the
8-13 crowded condition of the calendars in both houses create an
8-14 emergency and an imperative public necessity that the
8-15 constitutional rule requiring bills to be read on three several
8-16 days in each house be suspended, and this rule is hereby suspended.