1-1 By: Cain S.B. No. 1787 1-2 (In the Senate - Filed March 14, 1997; March 24, 1997, read 1-3 first time and referred to Committee on State Affairs; 1-4 April 17, 1997, reported favorably by the following vote: Yeas 13, 1-5 Nays 0; April 17, 1997, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to the restricted sale of wine for off-premises 1-9 consumption by the holder of a winery permit in certain areas. 1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-11 SECTION 1. Section 16.05, Alcoholic Beverage Code, is 1-12 amended to read as follows: 1-13 Sec. 16.05. LOCATION OF PREMISES. (a) A winery permit may 1-14 be issued for licensed premises in a dry area, but, except as 1-15 provided by Subsection (b), the permittee may not sell wine in a 1-16 dry area. 1-17 (b) If the premises are in a dry area, the permittee may 1-18 sell wine in this state to: 1-19 (1) permit holders authorized to sell wine to the 1-20 ultimate consumer in unbroken packages for off-premises consumption 1-21 in an amount not to exceed 25,000 gallons annually; 1-22 (2) holders of wholesaler's permits, winery permits, 1-23 and wine bottler's permits; and 1-24 (3) ultimate consumers for consumption off winery 1-25 premises for seven consecutive days each year if: 1-26 (A) the winery is located in: 1-27 (i) a dry area; and 1-28 (ii) a county with a population of 15,000 1-29 or less in which a majority of the area of the county is a dry area 1-30 and in which one municipality is in a wet area; or 1-31 (iii) a county that has a population of at 1-32 least 20,000, but not more than 30,000, and that borders the Red 1-33 River and in which a majority of the area of the county is a dry 1-34 area; 1-35 (B) the grapes used in manufacturing the wine 1-36 are grown and harvested in the dry area; 1-37 (C) the wine is manufactured, bottled, and sold 1-38 on the winery premises; and 1-39 (D) the holder of the permit, not later than the 1-40 14th day before the date of the start of the seven-day period, 1-41 notifies the commission of the winery's intention to sell wine 1-42 under the authority of this subsection. 1-43 SECTION 2. The importance of this legislation and the 1-44 crowded condition of the calendars in both houses create an 1-45 emergency and an imperative public necessity that the 1-46 constitutional rule requiring bills to be read on three several 1-47 days in each house be suspended, and this rule is hereby suspended. 1-48 * * * * *