By: Cain S.B. No. 1232
2001S0681/1
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the percent of alcohol sales allowed for certain
1-3 holders of a food and beverage certificate issued by the Texas
1-4 Alcoholic Beverage Commission.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subsection (d), Section 25.13, Alcoholic Beverage
1-7 Code, is 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. Subsection (a), Section 28.18, Alcoholic Beverage
1-22 Code, is 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
1-25 mixed beverages sold by the holder are 50 [75] percent or less of
2-1 the total gross receipts from the premises.
2-2 SECTION 3. Subsection (a), Section 32.23, Alcoholic Beverage
2-3 Code, is amended to read as follows:
2-4 (a) A holder of a private club registration permit may be
2-5 issued a food and beverage certificate by the commission if the
2-6 gross receipts of mixed beverages served by the holder are 50 [75]
2-7 percent or less of the total gross receipts from the premises.
2-8 SECTION 4. Subsection (d), Section 69.16, Alcoholic Beverage
2-9 Code, is amended to read as follows:
2-10 (d) A certificate issued under this section expires on the
2-11 expiration of the primary retail dealer's on-premise license. A
2-12 certificate may be canceled at any time if the commission finds
2-13 that the holder of the certificate is not operating primarily as a
2-14 food service establishment. For the purposes of this section, it
2-15 shall be presumed that a permittee is not primarily operating as a
2-16 food service establishment if alcohol sales are in excess of 50
2-17 [75] percent of the gross receipts of the premises. The commission
2-18 may impose a fine not to exceed $5,000 on the holder of a food and
2-19 beverage certificate not operating as a food service establishment
2-20 and may, upon finding that the permittee knowingly operated under a
2-21 food and beverage certificate while not complying with this
2-22 section, cancel the licensee's retail dealer's on-premise license.
2-23 SECTION 5. This Act takes effect September 1, 2001.