By Wise H.B. No. 1614
77R5949 AJA-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to requirements for the issuance of a food and beverage
1-3 certificate to certain alcoholic beverage permit or license
1-4 holders.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 25.13(d), Alcoholic Beverage Code, is
1-7 amended to read as follows:
1-8 (d) A certificate issued under this section expires on the
1-9 expiration of the primary wine and beer retailer's permit. A
1-10 certificate may be canceled at any time if the commission finds
1-11 that the holder of the certificate is not operating primarily as a
1-12 food service establishment. For the purposes of this section, it
1-13 shall be presumed that a permittee is not primarily operating as a
1-14 food service establishment if alcohol sales are in excess of 50
1-15 [75] percent of the gross receipts of the premises. The commission
1-16 may impose a fine not to exceed $5,000 on the holder of a food and
1-17 beverage certificate not operating as a food service establishment
1-18 and may, upon finding that the permittee knowingly operated under a
1-19 food and beverage certificate while not complying with this
1-20 section, cancel the permittee's wine and beer retailer's permit.
1-21 SECTION 2. Section 28.18(a), Alcoholic Beverage Code, is
1-22 amended to read as follows:
1-23 (a) A holder of a mixed beverage permit may be issued a food
1-24 and beverage certificate by the commission if the gross receipts of
2-1 mixed beverages sold by the holder are 50 [75] percent or less of
2-2 the total gross receipts from the premises.
2-3 SECTION 3. Section 32.23(a), Alcoholic Beverage Code, is
2-4 amended to read as follows:
2-5 (a) A holder of a private club registration permit may be
2-6 issued a food and beverage certificate by the commission if the
2-7 gross receipts of mixed beverages served by the holder are 50 [75]
2-8 percent or less of the total gross receipts from the premises.
2-9 SECTION 4. Section 69.16(d), Alcoholic Beverage Code, is
2-10 amended to read as follows:
2-11 (d) A certificate issued under this section expires on the
2-12 expiration of the primary retail dealer's on-premise license. A
2-13 certificate may be canceled at any time if the commission finds
2-14 that the holder of the certificate is not operating primarily as a
2-15 food service establishment. For the purposes of this section, it
2-16 shall be presumed that a permittee is not primarily operating as a
2-17 food service establishment if alcohol sales are in excess of 50
2-18 [75] percent of the gross receipts of the premises. The commission
2-19 may impose a fine not to exceed $5,000 on the holder of a food and
2-20 beverage certificate not operating as a food service establishment
2-21 and may, upon finding that the permittee knowingly operated under a
2-22 food and beverage certificate while not complying with this
2-23 section, cancel the licensee's retail dealer's on-premise license.
2-24 SECTION 5. This Act takes effect September 1, 2001.