SRC-MWN S.B. 1684 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 1684
77R7109 AJA-DBy: Jackson
Business & Commerce
4/9/2001
As Filed


DIGEST AND PURPOSE 

Currently, owners of brewpubs that do not have mixed beverage permits are
allowed to sell their product in approved containers to consumers to take
out of the establishment. As proposed, S.B. 1684 provides that a brewpub
license holder who has a mixed beverage permit is authorized to sell or
offer without charge beer, malt liquor, or ale produced at the brewpub for
consumption off premise. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 28.10, Alcoholic Beverage Code, as follows:

Sec. 28.10. New heading: CONSUMPTION RESTRICTED TO PREMISES; EXCEPTIONS.
Prohibits a mixed beverage permittee, except as provided, rather than
permitted, by this section or Section 28.01(b) from selling an alcoholic
beverage to another mixed beverage permittee or to any other person except
for consumption on the seller's licensed premises. Deletes text regarding
exceptions of Section 28.01(b). Prohibits a mixed beverage permittee from
permitting any person to take any alcoholic beverage purchased on the
licensed premises from the premises where sold, except that a mixed
beverage permittee who also holds a brewpub license is authorized to sell
or offer without charge on the premises of the brewpub, to ultimate
consumers for consumption on or off the premises, malt liquor, ale, or beer
produced by the permittee, in or from a lawful container, provided that the
aggregate amount of malt liquor, ale, and beer removed from the premises
under this subdivision does not exceed 1,000 barrels annually. 

SECTION 2. Effective date: September 1, 2001.