77R15835 AJA-D
By Jackson, et al. S.B. No. 1684
Substitute the following for S.B. No. 1684:
By Haggerty C.S.S.B. No. 1684
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to removal of malt liquor, ale, and beer from the premises
1-3 of a holder of a mixed beverage permit and a brewpub license.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 28.10, Alcoholic Beverage Code, is
1-6 amended to read as follows:
1-7 Sec. 28.10. CONSUMPTION RESTRICTED TO PREMISES; EXCEPTIONS.
1-8 (a) Except as provided [permitted] by [Subsection (b) of] this
1-9 section or Section 28.01(b) [and by Subsection (b) of Section
1-10 28.01], a mixed beverage permittee may not sell an alcoholic
1-11 beverage to another mixed beverage permittee or to any other person
1-12 except for consumption on the seller's licensed premises.
1-13 (b) A mixed beverage permittee may not permit any person to
1-14 take any alcoholic beverage purchased on the licensed premises from
1-15 the premises where sold, except that:
1-16 (1) a person who orders wine with food and has a
1-17 portion of the open container remaining may remove the open
1-18 container of wine from the premises; and
1-19 (2) a mixed beverage permittee who also holds a
1-20 brewpub license may sell or offer without charge on the premises of
1-21 the brewpub, to an ultimate consumer for consumption on or off the
1-22 premises, malt liquor, ale, or beer produced by the permittee, in
1-23 or from a lawful container in an amount that does not exceed
1-24 one-half barrel, provided that the aggregate amount of malt liquor,
2-1 ale, and beer removed from the premises under this subdivision does
2-2 not exceed 1,000 barrels annually.
2-3 SECTION 2. This Act takes effect September 1, 2001.