By:  Homer                                                        H.B. No. 3244



A BILL TO BE ENTITLED

AN ACT

relating to wine tasting on certain premises.                                 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                       
	SECTION 1.  Chapter 54, Alcoholic Beverage Code, is added to 
read as follows:
	Sec. 54.01.  WINE AND BEER RETAILERS OFF-PREMISE TASTING 
PERMIT: AUTHORIZED ACTIVITIES.  (a)  The holder of a wine and beer 
retailers off-premise tasting permit may conduct product tastings 
of wine, dessert wine, beer, and malt-based or spirit-based coolers 
on the licensed premises of the holder's wine and beer retailers 
off-premise permit premises during regular business hours as 
provided by this section.
	(b)  Written notification of a product tasting must be posted 
on the licensed premises of the permit holder's premises not later 
than 48 hours before the tasting event.  The notification shall 
clearly state:
		(1)  the type and brand of alcoholic beverage to be 
tasted;          
		(2)  the date and hours the tasting is to take place; 
and            
		(3)  the address of the premises where the tasting is to 
occur.      
	(c)  A copy of the notification shall be kept on file and 
available for inspection on the premises during all tasting hours.
	(d)  Sample portions at a product tasting shall be limited to 
not more than:
		(1)  one ounce for wine and dessert wine; and                          
		(2)  one ounce for beer and coolers.                                   
	(e)  Not more than 20 different products may be made 
available for tasting at any one time.
	(f)  No charge of any sort may be made for a sample serving.            
	(g)  A person may be served more than one sample.  Samples may 
not be served to a minor or to an obviously intoxicated person.  No 
samples may be removed from the licensed premises.
	(h)  During the tasting, not more than two containers of each 
brand or type of product being tasted may be open on the premises at 
one time.
	(i)  At the conclusion of the tasting, all empty or open 
containers of alcoholic beverages used in the tasting shall be 
removed from the premises, or stored in a locked, secure area on the 
licensed premises.
	(j)  A tasting event authorized by this section may not be 
advertised except by on-site communications, be direct mail, by 
electronic mail, or on the permit holder's Internet website.
	(k)  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.
	Sec. 52.02.  FEE.  The fee for a wine and beer retailers 
off-premise tasting permit shall be set at a level sufficient to 
recover the cost of issuing the permit and administering this 
section.
	Sec. 52.03.  ELIGIBILITY FOR PERMIT.  The commission or the 
administrator may only issue a package store tasting permit to a 
holder of a wine and beer retailers off-premise permit.  For the 
purposes o this code and any other law of the state or political 
subdivision of the state, a wine and beer retailers off-premise 
tasting permit may not be considered a permit authorizing the sale 
or alcoholic beverages for on-premise consumption.  Since no charge 
may be made for a sample tasted on the premises of a wine and beer 
retailers off-premise tasting permit premises, none of the wine and 
beer retailers off-premise permit holder's revenue may be deemed to 
be revenue from the on-premise sale of alcoholic beverages.
	SECTION 2.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2005.