By Truan S.B. No. 377
75R7212 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 6.03(k), Alcoholic Beverage Code, is
1-6 amended to read as follows:
1-7 (k) A requirement under this code that 51 percent or more of
1-8 the stock of a corporation be owned by a person or persons who were
1-9 citizens of this state for a one-year period preceding the date of
1-10 the filing of an application for a license or permit does not apply
1-11 to a corporation organized under the laws of this state that
1-12 applies for a license or permit under Chapters 25-34, [Chapter 44,]
1-13 Chapters 48-51, Chapters 69-72, or Chapter 74 of this code if:
1-14 (1) all of the officers and a majority of directors of
1-15 the applicant corporation have resided within the state for a
1-16 one-year period preceding the date of the application and each
1-17 officer or director possesses the qualifications required of other
1-18 applicants for permits and licenses;
1-19 (2) the applicant corporation and the applicant's
1-20 shareholders have no direct or indirect ownership or other
1-21 prohibited relationship with others engaged in the alcoholic
1-22 beverage industry at different levels as provided by Chapter 102 of
1-23 this code and other provisions of this code;
1-24 (3) the applicant corporation is not precluded by law,
2-1 rule, charter, or corporate bylaw from disclosing the applicant's
2-2 shareholders to the commission; and
2-3 (4) the applicant corporation maintains its books and
2-4 records relating to its alcoholic beverage operations in the state
2-5 at its registered office or at a location in the state approved in
2-6 writing by the commission.
2-7 SECTION 2. Section 28.01, Alcoholic Beverage Code, is
2-8 amended by amending Subsection (c) and adding Subsection (d) to
2-9 read as follows:
2-10 (c) The holder of a mixed beverage permit may also:
2-11 (1) purchase wine, beer, ale, and malt liquor
2-12 containing alcohol of not more than 21 percent by volume in
2-13 containers of any legal size from any permittee or licensee
2-14 authorized to sell those beverages for resale; [and]
2-15 (2) sell the wine, beer, ale, and malt liquor for
2-16 consumption on the licensed premises; and
2-17 (3) transport alcoholic beverages from the place of
2-18 purchase to the licensed premises as provided by this code.
2-19 (d) When operating under a caterer's permit, the holder of a
2-20 mixed beverage permit may transport alcoholic beverages in a direct
2-21 route between the licensed premises of the holder of the mixed
2-22 beverage permit or the place of purchase of the alcoholic beverages
2-23 and the catered location.
2-24 SECTION 3. Section 28.02, Alcoholic Beverage Code, is
2-25 amended to read as follows:
2-26 Sec. 28.02. FEE. (a) The annual state fee for an original
2-27 mixed beverage permit is $3,020 [$3,000].
3-1 (b) The annual state fee for the first renewal of a mixed
3-2 beverage permit is $2,270 [$2,250].
3-3 (c) The annual state fee for the second renewal of a mixed
3-4 beverage permit is $1,520 [$1,500].
3-5 (d) The annual state fee for the third and each subsequent
3-6 renewal of a mixed beverage permit is $770 [$750].
3-7 SECTION 4. Sections 28.07(b) and (c), Alcoholic Beverage
3-8 Code, are amended to read as follows:
3-9 (b) If a holder of a mixed beverage permit is in a county
3-10 where there are no local distributors, the holder [he] may purchase
3-11 alcoholic beverages in the nearest county where local distributors
3-12 are located and may transport them to the holder's [his] premises
3-13 [provided that he is also a holder of a beverage cartage permit].
3-14 The transporter may acquire the alcoholic beverages only on the
3-15 written order of the holder of the mixed beverage permit. The
3-16 alcoholic beverages must be accompanied by a written statement
3-17 furnished and signed by the local distributor showing the name and
3-18 address of the consignee and consignor, the origin and destination
3-19 of the shipment, and any other information required by the
3-20 commission or administrator. The person in charge of the alcoholic
3-21 beverages while they are being transported shall exhibit the
3-22 written statement to any representative of the commission or any
3-23 peace officer on demand, and the statement shall be accepted by the
3-24 representative or officer as prima facie evidence of the lawful
3-25 right to transport the alcoholic beverages.
3-26 (c) If the [a mixed beverage permittee holds a beverage
3-27 cartage permit and his] premises of the holder of a mixed beverage
4-1 permit are located in a regional airport governed by a board,
4-2 commission, or authority composed of members from two or more
4-3 counties, and there is no local distributor at the airport, the
4-4 holder [mixed beverage permittee] may purchase alcoholic beverages
4-5 from any local distributor in a trade area served by the airport
4-6 and transport them to the holder's [his] licensed premises. The
4-7 transportation of the beverages must be in accordance with
4-8 Subsection (b) of this section.
4-9 SECTION 5. Chapter 28, Alcoholic Beverage Code, is amended
4-10 by adding Section 28.19 to read as follows:
4-11 Sec. 28.19. APPLICABILITY OF CHAPTER TO HOLDER OF FOOD AND
4-12 BEVERAGE CERTIFICATE. This chapter applies to the holder of a
4-13 mixed beverage permit who also holds a food and beverage
4-14 certificate issued under Section 28.18.
4-15 SECTION 6. Section 32.01(a), Alcoholic Beverage Code, is
4-16 amended to read as follows:
4-17 (a) A private club registration permit authorizes alcoholic
4-18 beverages belonging to members of the club to be:
4-19 (1) stored, possessed, and mixed on the club premises;
4-20 [and]
4-21 (2) served for on-premises consumption only to members
4-22 of the club and their families and guests, by the drink or in
4-23 sealed, unsealed, or broken containers of any legal size; and
4-24 (3) transported from the place of purchase to the
4-25 licensed premises as provided by this code.
4-26 SECTION 7. Sections 32.02(b), (d), and (f), Alcoholic
4-27 Beverage Code, are amended to read as follows:
5-1 (b) The annual state fee shall be computed at the election
5-2 of the permittee by using one of the following methods:
5-3 (1) A fee based on the highest number of members in
5-4 good standing during the year for which the permit fee is paid
5-5 according to the following rates:
5-6 0 to 250 members - $770 [$750]
5-7 251 to 450 members - $1,370 [$1,350]
5-8 451 to 650 members - $1,970 [$1,950]
5-9 651 to 850 members - $2,570 [$2,550]
5-10 851 to 1,000 members - $3,020 [$3,000]
5-11 Over 1,000 members - $20 annually plus $3 per member; or
5-12 (2) Except as provided by Subsection (d) of this
5-13 section, a fee for an original private club registration permit of
5-14 $3,520 [$3,500], with a fee for the first renewal of a private club
5-15 registration permit of $2,770 [$2,750], and a fee for the second
5-16 and each subsequent renewal of a private club registration permit
5-17 of $2,020 [$2,000].
5-18 (d) A permit holder who has elected to restrict the holder's
5-19 authorized activities under the permit as provided by Section
5-20 32.01(b) of this code shall pay an original permit fee of $1,520
5-21 [$1,500] and an annual renewal fee of $1,520 [$1,500].
5-22 (f) For a permittee who holds a valid permit on the
5-23 effective date of this subsection and who elects to pay a permit
5-24 fee as provided by Subsection (b)(2) of this section, the fee for
5-25 renewal of that permit is:
5-26 (1) $2,770 [$2,750] for the first annual renewal since
5-27 the original permit was issued; and
6-1 (2) $2,020 [$2,000] for a renewal subsequent to the
6-2 first annual renewal.
6-3 SECTION 8. Section 32.08, Alcoholic Beverage Code, is
6-4 amended to read as follows:
6-5 Sec. 32.08. PURCHASE AND TRANSPORTATION OF ALCOHOLIC
6-6 BEVERAGES. (a) All distilled spirits served [sold] by a club
6-7 holding a private club registration permit must be purchased in
6-8 this state from a holder of a local distributor's permit.
6-9 (b) If the club holding the permit is in an area where there
6-10 are no local distributors, alcoholic beverages may be purchased in
6-11 any area where local distributors are located and may be
6-12 transported to the club premises [if the club also holds a beverage
6-13 cartage permit]. The transporter may acquire the alcoholic
6-14 beverages only on the written order of an officer or manager of the
6-15 club holding the permit. The alcoholic beverages must be
6-16 accompanied by a written statement furnished and signed by the
6-17 local distributor showing the name and address of the consignee and
6-18 consignor, the origin and destination of the shipment, and any
6-19 other information required by the commission or administrator. The
6-20 person in charge of the alcoholic beverages while they are being
6-21 transported shall exhibit the written statement to any
6-22 representative of the commission or any peace officer on demand,
6-23 and the statement shall be accepted by the representative or
6-24 officer as prima facie evidence of the lawful right to transport
6-25 the alcoholic beverages.
6-26 (c) If the [a private club registration permittee holds a
6-27 beverage cartage permit and his] premises of the holder of a
7-1 private club registration permit are located in a regional airport
7-2 governed by a board, commission, or authority composed of members
7-3 from two or more counties, and there is no local distributor at the
7-4 airport, the holder of a private club registration permit
7-5 [permittee] may purchase alcoholic beverages from any local
7-6 distributor in a trade area served by the airport and transport
7-7 them to the holder's [his] licensed premises. The transportation
7-8 of the beverages must be in accordance with Subsection (b) of this
7-9 section.
7-10 SECTION 9. Chapter 32, Alcoholic Beverage Code, is amended
7-11 by adding Section 32.24 to read as follows:
7-12 Sec. 32.24. APPLICABILITY OF CHAPTER TO HOLDER OF FOOD AND
7-13 BEVERAGE CERTIFICATE. This chapter applies to the holder of a
7-14 mixed beverage permit who also holds a food and beverage
7-15 certificate issued under Section 32.23.
7-16 SECTION 10. Section 109.531, Alcoholic Beverage Code, is
7-17 amended to read as follows:
7-18 Sec. 109.531. ADDITIONAL REQUIREMENTS FOR APPLICATION OR
7-19 RENEWAL OF PERMIT OR LICENSE BY OUT-OF-STATE RESIDENTS. In
7-20 addition to any other requirement for a license or permit under
7-21 this code, a person who has not been a citizen of this state for a
7-22 period of one year preceding the date the person filed an
7-23 application for a permit or license under Chapters 25-34, [44,]
7-24 48-51, 69-72, or Chapter 74 of this code shall:
7-25 (1) designate an agent, who is a citizen of this
7-26 state, to represent the person in matters before the commission and
7-27 to be responsible for the proper conduct of any activity of the
8-1 licensee or permittee; and
8-2 (2) submit to a criminal history background check.
8-3 SECTION 11. Chapter 44, Alcoholic Beverage Code, is
8-4 repealed.
8-5 SECTION 12. This Act takes effect September 1, 1997.
8-6 SECTION 13. The importance of this legislation and the
8-7 crowded condition of the calendars in both houses create an
8-8 emergency and an imperative public necessity that the
8-9 constitutional rule requiring bills to be read on three several
8-10 days in each house be suspended, and this rule is hereby suspended.