1-1 By: Wise (Senate Sponsor - Cain) H.B. No. 1614
1-2 (In the Senate - Received from the House May 7, 2001;
1-3 May 7, 2001, read first time and referred to Committee on Business
1-4 and Commerce; May 11, 2001, reported favorably by the following
1-5 vote: Yeas 6, Nays 0; May 11, 2001, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to requirements for the issuance of a food and beverage
1-9 certificate to certain alcoholic beverage permit or license
1-10 holders.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Section 25.13(d), Alcoholic Beverage Code, is
1-13 amended to read as follows:
1-14 (d) A certificate issued under this section expires on the
1-15 expiration of the primary wine and beer retailer's permit. A
1-16 certificate may be canceled at any time if the commission finds
1-17 that the holder of the certificate is not operating primarily as a
1-18 food service establishment. For the purposes of this section, it
1-19 shall be presumed that a permittee is not primarily operating as a
1-20 food service establishment if alcohol sales are in excess of 50
1-21 [75] percent of the gross receipts of the premises. The commission
1-22 may impose a fine not to exceed $5,000 on the holder of a food and
1-23 beverage certificate not operating as a food service establishment
1-24 and may, upon finding that the permittee knowingly operated under a
1-25 food and beverage certificate while not complying with this
1-26 section, cancel the permittee's wine and beer retailer's permit.
1-27 SECTION 2. Section 28.18(a), Alcoholic Beverage Code, is
1-28 amended to read as follows:
1-29 (a) A holder of a mixed beverage permit may be issued a food
1-30 and beverage certificate by the commission if the gross receipts of
1-31 mixed beverages sold by the holder are 50 [75] percent or less of
1-32 the total gross receipts from the premises.
1-33 SECTION 3. Section 32.23(a), Alcoholic Beverage Code, is
1-34 amended to read as follows:
1-35 (a) A holder of a private club registration permit may be
1-36 issued a food and beverage certificate by the commission if the
1-37 gross receipts of mixed beverages served by the holder are 50 [75]
1-38 percent or less of the total gross receipts from the premises.
1-39 SECTION 4. Section 69.16(d), Alcoholic Beverage Code, is
1-40 amended to read as follows:
1-41 (d) A certificate issued under this section expires on the
1-42 expiration of the primary retail dealer's on-premise license. A
1-43 certificate may be canceled at any time if the commission finds
1-44 that the holder of the certificate is not operating primarily as a
1-45 food service establishment. For the purposes of this section, it
1-46 shall be presumed that a permittee is not primarily operating as a
1-47 food service establishment if alcohol sales are in excess of 50
1-48 [75] percent of the gross receipts of the premises. The commission
1-49 may impose a fine not to exceed $5,000 on the holder of a food and
1-50 beverage certificate not operating as a food service establishment
1-51 and may, upon finding that the permittee knowingly operated under a
1-52 food and beverage certificate while not complying with this
1-53 section, cancel the licensee's retail dealer's on-premise license.
1-54 SECTION 5. This Act takes effect September 1, 2001.
1-55 * * * * *