By: Cain S.B. No. 1787 A BILL TO BE ENTITLED AN ACT 1-1 relating to the restricted sale of wine for off-premises 1-2 consumption by the holder of a winery permit in certain areas. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Section 16.05, Alcoholic Beverage Code, is 1-5 amended to read as follows: 1-6 Sec. 16.05. LOCATION OF PREMISES. (a) A winery permit may 1-7 be issued for licensed premises in a dry area, but, except as 1-8 provided by Subsection (b), the permittee may not sell wine in a 1-9 dry area. 1-10 (b) If the premises are in a dry area, the permittee may 1-11 sell wine in this state to: 1-12 (1) permit holders authorized to sell wine to the 1-13 ultimate consumer in unbroken packages for off-premises consumption 1-14 in an amount not to exceed 25,000 gallons annually; 1-15 (2) holders of wholesaler's permits, winery permits, 1-16 and wine bottler's permits; and 1-17 (3) ultimate consumers for consumption off winery 1-18 premises for seven consecutive days each year if: 1-19 (A) the winery is located in: 1-20 (i) a dry area; and 1-21 (ii) a county with a population of 15,000 1-22 or less in which a majority of the area of the county is a dry area 1-23 and in which one municipality is in a wet area; or 2-1 (iii) a county that has a population of at 2-2 least 20,000, but not more than 30,000, and that borders the Red 2-3 River and in which a majority of the area of the county is a dry 2-4 area; 2-5 (B) the grapes used in manufacturing the wine 2-6 are grown and harvested in the dry area; 2-7 (C) the wine is manufactured, bottled, and sold 2-8 on the winery premises; and 2-9 (D) the holder of the permit, not later than the 2-10 14th day before the date of the start of the seven-day period, 2-11 notifies the commission of the winery's intention to sell wine 2-12 under the authority of this subsection. 2-13 SECTION 2. The importance of this legislation and the 2-14 crowded condition of the calendars in both houses create an 2-15 emergency and an imperative public necessity that the 2-16 constitutional rule requiring bills to be read on three several 2-17 days in each house be suspended, and this rule is hereby suspended.