By Goolsby H.B. No. 3297
76R7436 MCK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to market research permits and to consumption on the
1-3 premises of certain establishments licensed to sell alcoholic
1-4 beverages.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 22.10, Alcoholic Beverage Code, is
1-7 amended to read as follows:
1-8 Sec. 22.10. OPENING CONTAINERS PROHIBITED. Except as
1-9 authorized under Section 22.115 [52.01 of this code], no person may
1-10 break or open a container containing liquor or beer or possess an
1-11 opened container of liquor or beer on the premises of a package
1-12 store.
1-13 SECTION 2. Section 22.11, Alcoholic Beverage Code, is
1-14 amended to read as follows:
1-15 Sec. 22.11. CONSUMPTION ON PREMISES PROHIBITED. Except as
1-16 authorized under Section 22.115 [52.01], no person may sell,
1-17 barter, exchange, deliver, or give away any drink or drinks of
1-18 alcoholic beverages from a container that has been opened or broken
1-19 on the premises of a package store.
1-20 SECTION 3. Chapter 22, Alcoholic Beverage Code, is amended
1-21 by adding Section 22.115 to read as follows:
1-22 Sec. 22.115. PRODUCT TASTING. (a) The holder of a package
1-23 store permit may conduct product tastings of distilled spirits,
1-24 wine, beer, and malt-based or spirit-based coolers on the licensed
2-1 premises during regular business hours as provided by this section.
2-2 (b) Written notification of a product tasting must be made
2-3 to the commission by mailing a letter to the commission not later
2-4 than 72 hours before the beginning of the tasting event. The
2-5 notification shall clearly state:
2-6 (1) the type and brand of alcoholic beverage to be
2-7 tasted;
2-8 (2) the date and hours the tasting is to take place;
2-9 and
2-10 (3) the address of the premises where the tasting is
2-11 to occur.
2-12 (c) A copy of the notification shall be kept on file and
2-13 available for inspection on the premises during all tasting hours.
2-14 (d) Sample portions at a product tasting shall be limited to
2-15 not more than:
2-16 (1) one-half ounce for distilled spirits;
2-17 (2) one ounce for wine; and
2-18 (3) one ounce for beer or coolers.
2-19 (e) At any one time, not more than two of the following
2-20 categories may be tasted:
2-21 (1) distilled spirits;
2-22 (2) wine; or
2-23 (3) beer and coolers.
2-24 (f) When distilled spirits are tasted, not more than one
2-25 brand or type may be made available for tasting at one time. When
2-26 wine is tasted, not more than three different wines may be made
2-27 available for tasting at any one time. When beer or coolers are
3-1 tasted, not more than two brands or types of beer or coolers may be
3-2 made available at any one time.
3-3 (g) No charge of any sort may be made for a sample serving.
3-4 (h) A person may be served more than one sample. Samples
3-5 may not be served to a minor or to an obviously intoxicated person.
3-6 No samples may be removed from the licensed premises.
3-7 (i) During the tasting, not more than two containers of each
3-8 brand or type of product being tasted may be open on the premises
3-9 at one time.
3-10 (j) At the conclusion of the tasting, all empty or open
3-11 containers of alcoholic beverages used in the tasting shall be
3-12 removed from the premises.
3-13 (k) A tasting event authorized by this section may not be
3-14 advertised except by on-site communications or by direct mail.
3-15 (l) A person other than the permittee or the permittee's
3-16 agent or employee may not dispense or participate in the dispensing
3-17 of alcoholic beverages under this chapter.
3-18 SECTION 4. Chapters 49 and 52, Alcoholic Beverage Code, are
3-19 repealed.
3-20 SECTION 5. This Act takes effect September 1, 1999.
3-21 SECTION 6. The importance of this legislation and the
3-22 crowded condition of the calendars in both houses create an
3-23 emergency and an imperative public necessity that the
3-24 constitutional rule requiring bills to be read on three several
3-25 days in each house be suspended, and this rule is hereby suspended.