H.B. No. 937
AN ACT
relating to authorizing the sampling or tasting of certain
alcoholic beverages.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 24, Alcoholic Beverage Code, is amended
by adding Section 24.12 to read as follows:
Sec. 24.12. WINE SAMPLING. (a) The holder of a wine only
package store permit may conduct free product samplings of wine on
the permit holder's premises during regular business hours as
provided by this section.
(b) An agent or employee of the holder of a wine only package
store permit may open, touch, or pour wine, make a presentation, or
answer questions at a wine sampling.
(c) For the purposes of this code and any other law or
ordinance:
(1) a wine only package store permit does not
authorize the sale of alcoholic beverages for on-premise
consumption; and
(2) none of the permit holder's income may be
considered to be income from the sale of alcoholic beverages for
on-premise consumption.
(d) Any wine used in a wine sampling under this section must
be purchased from or provided by the retailer on whose premises the
wine sampling is held.
(e) When a wine sampling under this section is held on the
premises of a wine only package store permit located in an area
which is wet for the sale of wine but which is not wet for the sale
of higher alcohol content wines that may be sold under an
unrestricted wine only package store permit, the only wines that
may be sampled are wines which may be legally sold by the wine only
package store permittee as restricted under Section 251.81.
SECTION 2. Section 26.01, Alcoholic Beverage Code, is
amended to read as follows:
Sec. 26.01. AUTHORIZED ACTIVITIES. (a) The holder of a
wine and beer retailer's off-premise permit may sell for
off-premises consumption only, but not for resale, wine, beer, and
malt liquors containing alcohol in excess of one-half of one
percent by volume but not more than 17 percent by volume.
(b) The holder of a wine and beer retailer's off-premise
permit may conduct free product samplings of wine on the permit
holder's premises during regular business hours as provided by
Section 26.08.
SECTION 3. Chapter 26, Alcoholic Beverage Code, is amended
by adding Section 26.08 to read as follows:
Sec. 26.08. WINE SAMPLING. (a) An employee of the holder
of a wine and beer retailer's off-premise permit may open, touch, or
pour wine, make a presentation, or answer questions at a wine
sampling.
(b) For purposes of this code and any other law or
ordinance:
(1) a wine and beer retailer's off-premise permit does
not authorize the sale of alcoholic beverages for on-premises
consumption; and
(2) none of the permit holder's income may be
considered to be income from the sale of alcoholic beverages for
on-premises consumption.
(c) Any wine used in a wine sampling under this section must
be purchased from or provided by the retailer on whose premises the
wine sampling is held. This section does not authorize the holder
of a wine and beer retailer's off-premise permit to withdraw or
purchase wine from the holder of a wholesaler's permit or provide
wine for a sampling on a retailer's premises that is not purchased
from the retailer. The amount of wine purchased from the retailer
may not exceed the amount of wine used in the sampling.
SECTION 4. Section 37.01, Alcoholic Beverage Code, is
amended to read as follows:
Sec. 37.01. AUTHORIZED ACTIVITIES. (a) The holder of a
nonresident seller's permit may:
(1) solicit and take orders for liquor from permittees
authorized to import liquor into this state; and
(2) ship liquor into this state, or cause it to be
shipped into this state, in consummation of sales made to
permittees authorized to import liquor into the state.
(b) The holder of a nonresident seller's permit who owns a
winery outside of the state may conduct wine samplings, including
wine tastings, at a retailer's premises. An employee of the winery
may open, touch, or pour wine, make a presentation, or answer
questions at a wine sampling.
(c) Any wine used in a wine sampling under this section must
be purchased from the retailer on whose premises the wine sampling
is held. This section does not authorize the holder of a
nonresident seller's permit or manufacturer's agent's permit to
withdraw or purchase wine from the holder of a wholesaler's permit
or provide wine for a sampling on a retailer's premises that is not
purchased from the retailer. The amount of wine purchased from the
retailer may not exceed the amount of wine used in the sampling.
SECTION 5. Section 52.01, Alcoholic Beverage Code, is
amended by amending Subsection (l) and adding Subsection (m) to
read as follows:
(l) Except as provided by Subsection (m) or elsewhere in
this code, a [A] person other than the permittee or the permittee's
agent or employee may not dispense or participate in the dispensing
of alcoholic beverages under this chapter.
(m) The holder of a nonresident seller's or manufacturer's
agent's permit or that permit holder's agent or employee may
participate in and conduct product tastings of alcoholic beverages
at a retailer's premises and may open, touch, or pour alcoholic
beverages, make a presentation, or answer questions at the tasting.
Any alcoholic beverage tasted under this subsection must be
purchased from the package store permit holder on whose premises
the tasting is held. The permit holder may not require the purchase
of more alcoholic beverages than are necessary for the tasting.
This section does not authorize the holder of a nonresident
seller's or manufacturer's agent's permit to withdraw or purchase an
alcoholic beverage from the holder of a wholesaler's permit or
provide an alcoholic beverage for tasting on a retailer's premises
that is not purchased from the retailer.
SECTION 6. This Act takes effect September 1, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 937 was passed by the House on March
29, 2005, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 937 on May 16, 2005, by a non-record
vote.
______________________________
Chief Clerk of the House
I certify that H.B. No. 937 was passed by the Senate, with
amendments, on May 5, 2005, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor