1-1 By: Jackson S.B. No. 1684
1-2 (In the Senate - Filed March 9, 2001; March 14, 2001, read
1-3 first time and referred to Committee on Business and Commerce;
1-4 April 11, 2001, reported favorably by the following vote: Yeas 5,
1-5 Nays 0; April 11, 2001, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to removal of malt liquor, ale, and beer from the premises
1-9 of a holder of a mixed beverage permit and a brewpub license.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 28.10, Alcoholic Beverage Code, is
1-12 amended to read as follows:
1-13 Sec. 28.10. CONSUMPTION RESTRICTED TO PREMISES; EXCEPTIONS.
1-14 (a) Except as provided [permitted] by [Subsection (b) of] this
1-15 section or Section 28.01(b) [and by Subsection (b) of Section
1-16 28.01], a mixed beverage permittee may not sell an alcoholic
1-17 beverage to another mixed beverage permittee or to any other person
1-18 except for consumption on the seller's licensed premises.
1-19 (b) A mixed beverage permittee may not permit any person to
1-20 take any alcoholic beverage purchased on the licensed premises from
1-21 the premises where sold, except that:
1-22 (1) a person who orders wine with food and has a
1-23 portion of the open container remaining may remove the open
1-24 container of wine from the premises; and
1-25 (2) a mixed beverage permittee who also holds a
1-26 brewpub license may sell or offer without charge on the premises of
1-27 the brewpub, to ultimate consumers for consumption on or off the
1-28 premises, malt liquor, ale, or beer produced by the permittee, in
1-29 or from a lawful container, provided that the aggregate amount of
1-30 malt liquor, ale, and beer removed from the premises under this
1-31 subdivision does not exceed 1,000 barrels annually.
1-32 SECTION 2. This Act takes effect September 1, 2001.
1-33 * * * * *