79R8183 MCK-F
By: Chisum H.B. No. 2533
A BILL TO BE ENTITLED
AN ACT
relating to the possession of alcoholic beverages on the premises
of certain sexually oriented businesses; providing a penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 101, Alcoholic Beverage
Code, is amended by adding Section 101.76 to read as follows:
Sec. 101.76. POSSESSION OF ALCOHOLIC BEVERAGES PROHIBITED
ON PREMISES OF CERTAIN SEXUALLY ORIENTED BUSINESSES. (a) In this
section:
(1) "Massage establishment" has the meaning assigned
by Section 455.001, Occupations Code.
(2) "Nude" means a person who is:
(A) entirely unclothed; or
(B) clothed in a manner that leaves uncovered or
visible through less than fully opaque clothing any portion of the
breasts below the top of the areola of the breasts, if the person is
female, or any portion of the genitals or buttocks.
(3) "Open container" means a bottle, can, or other
receptacle that contains any amount of alcoholic beverage and that
is open, that has been opened, that has a broken seal, or the
contents of which are partially removed.
(4) "Sexually oriented commercial activity" means a
massage establishment, nude studio, modeling studio, love parlor,
or other similar commercial enterprise the primary business of
which is the offering of a service that is intended to provide
sexual stimulation or sexual gratification to the customer.
(b) A person commits an offense if the person knowingly
possesses an open container of an alcoholic beverage on the
premises of:
(1) a sexually oriented commercial activity; or
(2) a business that permits, requests, or requires a
person to work in the nude.
(c) An offense under this section is a Class C misdemeanor.
SECTION 2. This Act takes effect September 1, 2005.