By Haggerty H.B. No. 2036
77R5228 MCK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to consumption on the premises of certain establishments
1-3 licensed to sell alcoholic beverages.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 22.10, Alcoholic Beverage Code, is
1-6 amended to read as follows:
1-7 Sec. 22.10. OPENING CONTAINERS PROHIBITED. Except as
1-8 authorized under Section 22.115 [52.01 of this code], no person may
1-9 break or open a container containing liquor or beer or possess an
1-10 opened container of liquor or beer on the premises of a package
1-11 store.
1-12 SECTION 2. Section 22.11, Alcoholic Beverage Code, is
1-13 amended to read as follows:
1-14 Sec. 22.11. CONSUMPTION ON PREMISES PROHIBITED. Except as
1-15 authorized under Section 22.115 [52.01], no person may sell,
1-16 barter, exchange, deliver, or give away any drink or drinks of
1-17 alcoholic beverages from a container that has been opened or broken
1-18 on the premises of a package store.
1-19 SECTION 3. Chapter 22, Alcoholic Beverage Code, is amended
1-20 by adding Section 22.115 to read as follows:
1-21 Sec. 22.115. PRODUCT TASTING. (a) The holder of a package
1-22 store permit may conduct product tastings of distilled spirits,
1-23 wine, beer, and malt-based or spirit-based coolers on the licensed
1-24 premises during regular business hours as provided by this section.
2-1 (b) Written notification of a product tasting must be made
2-2 to the commission by mailing a letter to the commission not later
2-3 than 72 hours before the beginning of the tasting event. The
2-4 notification shall clearly state:
2-5 (1) the type and brand of alcoholic beverage to be
2-6 tasted;
2-7 (2) the date and hours the tasting is to take place;
2-8 and
2-9 (3) the address of the premises where the tasting is
2-10 to occur.
2-11 (c) A copy of the notification shall be kept on file and
2-12 available for inspection on the premises during all tasting hours.
2-13 (d) Sample portions at a product tasting shall be limited to
2-14 not more than:
2-15 (1) one-half ounce for distilled spirits;
2-16 (2) one ounce for wine; and
2-17 (3) one ounce for beer or coolers.
2-18 (e) At any one time, not more than two of the following
2-19 categories may be tasted:
2-20 (1) distilled spirits;
2-21 (2) wine; or
2-22 (3) beer and coolers.
2-23 (f) When distilled spirits are tasted, not more than one
2-24 brand or type may be made available for tasting at one time. When
2-25 wine is tasted, not more than three different wines may be made
2-26 available for tasting at any one time. When beer or coolers are
2-27 tasted, not more than two brands or types of beer or coolers may be
3-1 made available at any one time.
3-2 (g) No charge of any sort may be made for a sample serving.
3-3 (h) A person may be served more than one sample. Samples
3-4 may not be served to a minor or to an obviously intoxicated person.
3-5 No samples may be removed from the licensed premises.
3-6 (i) During the tasting, not more than two containers of each
3-7 brand or type of product being tasted may be open on the premises
3-8 at one time.
3-9 (j) At the conclusion of the tasting, all empty or open
3-10 containers of alcoholic beverages used in the tasting shall be
3-11 removed from the premises.
3-12 (k) A tasting event authorized by this section may not be
3-13 advertised except by on-site communication or by direct mail.
3-14 (l) A person other than the permittee or the permittee's
3-15 agent or employee may not dispense or participate in the dispensing
3-16 of alcoholic beverages under this chapter.
3-17 (m) For the purposes of this code and any other law, a
3-18 notification of a product tasting provided to the commission by the
3-19 holder of a package store permit does not authorize the sale of
3-20 alcoholic beverages for on-premise consumption. Because the permit
3-21 holder may not charge for a sample tasted on the premises of the
3-22 package store, no portion of the package store's revenue is revenue
3-23 from the on-premise sale of alcoholic beverages.
3-24 SECTION 4. Chapter 52, Alcoholic Beverage Code, is repealed.
3-25 SECTION 5. This Act takes effect September 1, 2001.