By: Coleman H.B. No. 3449
A BILL TO BE ENTITLED
AN ACT
relating to the sale of mixed beverages by certain food and beverage
establishments.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 11.37, Alcoholic Beverage Code, is
amended by adding Subsection (d) to read as follows:
(d) This section does not apply to an application for a
mixed beverage certificate with a food and beverage certificate.
SECTION 2. Section 28.18, Alcoholic Beverage Code, is
amended by adding Subsection (g) to read as follows:
(g) The premises of a holder of a mixed beverage permit with
a food and beverage certificate may be located in an area in which
the sale of alcoholic beverages is otherwise prohibited.
SECTION 3. Chapter 28, Alcoholic Beverage Code, is amended
by adding Section 28.19 to read as follows:
Sec. 28.19. ISSUANCE OF MIXED BEVERAGE PERMIT WITH FOOD AND
BEVERAGE CERTIFICATE TO PRIVATE CLUB. (a) On or before January 31,
2006, the holder of a private club registration permit may be issued
a mixed beverage certificate with a food and beverage certificate
if the application for the permit is approved by a majority vote of
the private club's members.
(b) For a permit granted under this section, the state fee
under Section 28.02 shall be computed and the local fee under
Section 11.38 may be assessed as if the permit holder's original
private club permit and any renewal of the private club permit were
mixed beverage permits.
(c) The permit holder is not required to maintain an amount
of security under Section 183.053, Tax Code, that exceeds the
amount the permit holder would be required to maintain had the
permit holder continued to hold a private club permit.
(d) This section expires September 1, 2009.
SECTION 4. Sections 251.14(b), (c), (d), (e), (f), and (g),
Alcoholic Beverage Code, are amended to read as follows:
(b) In areas where any type or classification of alcoholic
beverages is prohibited, or, in the case of mixed beverages,
prohibited to be sold by a person other than by the holder of a mixed
beverage permit with a food and beverage certificate, and the issue
submitted pertains to legalization of the sale of one or more of the
prohibited types or classifications, the ballot shall be prepared
to permit voting for or against one of the following issues:
(1) "The legal sale of beer for off-premise
consumption only."
(2) "The legal sale of beer."
(3) "The legal sale of beer and wine for off-premise
consumption only."
(4) "The legal sale of beer and wine."
(5) "The legal sale of all alcoholic beverages for
off-premise consumption only."
(6) "The legal sale of all alcoholic beverages except
mixed beverages."
(7) "The legal sale of all alcoholic beverages
including mixed beverages."
(8) "The legal sale of mixed beverages."
(9) ["The legal sale of mixed beverages in restaurants
by food and beverage certificate holders only."
[(10)] "The legal sale of wine on the premises of a
holder of a winery permit."
(c) In areas where the sale of all alcoholic beverages
including mixed beverages has been legalized, the ballot shall be
prepared to permit voting for or against one of the following issues
in any prohibitory election:
(1) "The legal sale of beer for off-premise
consumption only."
(2) "The legal sale of beer."
(3) "The legal sale of beer and wine for off-premise
consumption only."
(4) "The legal sale of beer and wine."
(5) "The legal sale of all alcoholic beverages for
off-premise consumption only."
(6) "The legal sale of all alcoholic beverages except
mixed beverages."
(7) "The legal sale of all alcoholic beverages
including mixed beverages."
(8) "The legal sale of mixed beverages."
(9) ["The legal sale of mixed beverages in restaurants
by food and beverage certificate holders only."
[(10)] "The legal sale of wine on the premises of a
holder of a winery permit."
(d) In areas where the sale of all alcoholic beverages
except mixed beverages sold by a person other than the holder of a
mixed beverage permit with a food and beverage certificate has been
legalized, the ballot shall be prepared to permit voting for or
against one of the following issues in any prohibitory elections:
(1) "The legal sale of beer for off-premise
consumption only."
(2) "The legal sale of beer."
(3) "The legal sale of beer and wine for off-premise
consumption only."
(4) "The legal sale of beer and wine."
(5) "The legal sale of all alcoholic beverages for
off-premise consumption only."
(6) "The legal sale of all alcoholic beverages except
mixed beverages."
(7) "The legal sale of wine on the premises of a holder
of a winery permit."
(e) In areas where the sale of beverages containing alcohol
not in excess of 17 percent by volume has been legalized, and those
of higher alcoholic content are prohibited except as sold by the
holder of a mixed beverage permit with a food and beverage
certificate, the ballot shall be prepared to permit voting for or
against one of the following issues in any prohibitory election:
(1) "The legal sale of beer for off-premise
consumption only."
(2) "The legal sale of beer."
(3) "The legal sale of beer and wine for off-premise
consumption only."
(4) "The legal sale of beer and wine."
(5) "The legal sale of wine on the premises of a holder
of a winery permit."
(f) In areas where the sale of beer containing alcohol not
exceeding four percent by weight has been legalized, and all other
alcoholic beverages are prohibited except as sold by the holder of a
mixed beverage permit with a food and beverage certificate, the
ballot shall be prepared to permit voting for or against one of the
following issues in any prohibitory election:
(1) "The legal sale of beer for off-premise
consumption only."
(2) "The legal sale of beer."
(g) Except as provided by Section 28.18, in [In] an area
where the sale of a particular type of alcoholic beverage has been
legalized only for off-premises consumption, no alcoholic beverage
may be consumed on the licensed premises and no type of alcoholic
beverage other than the type legalized may be sold.
SECTION 5. Section 251.71(a), Alcoholic Beverage Code, is
amended to read as follows:
(a) An area is a "dry area" as to an alcoholic beverage of a
particular type and alcohol content, other than a mixed beverage,
if the sale of that beverage is unlawful in the area. Except as
provided by this subsection, an area is a "dry area" as to mixed
beverages if the sale of mixed beverages by a person other than the
holder of a food and beverage certificate is unlawful in the area.
The term "dry area" does not include the premises of an
establishment covered by a mixed beverage permit and a food and
beverage certificate. An area is a "wet area" as to an alcoholic
beverage of a particular type and alcoholic content, other than a
mixed beverage, if the sale of that beverage is lawful in the area.
An area is a "wet area" as to mixed beverages if the sale of mixed
beverages by a person other than the holder of a food and beverage
certificate is lawful in the area or if the area is the premises of
an establishment covered by a mixed beverage permit and a food and
beverage certificate.
SECTION 6. This Act takes effect January 1, 2006, but only
if the constitutional amendment proposed by the 79th Legislature,
Regular Session, 2005, to authorize the legislature to enact laws
authorizing and governing the sale of alcoholic beverages in
restaurants is approved by the voters. If that amendment is not
approved by the voters, this Act has no effect.