BILL ANALYSIS

 

 

Senate Research Center                                                                                                        S.B. 952

                                                                                                                                         By: Watson

                                                                                                                        Business & Commerce

                                                                                                                                            5/28/2007

                                                                                                                                              Enrolled

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Current law prohibits restaurants from locating part of the establishment on the street side of the sidewalk where it would not be contiguous to the rest of the restaurant. As a result, employees serving alcohol cannot leave the restaurant and travel across the pedestrian walkway to reach the sidewalk café seating area.

 

S.B. 952 authorizes certain mixed beverage permit holders to designate, as part of the permit holder's premises, a secured noncontiguous area located on a public sidewalk adjoining the premises if the designation is authorized by city ordinance.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends Section 28.10, Alcoholic Beverage Code, by adding Subsection (c), to authorize a mixed beverage permit holder who holds a food and beverage certificate to designate, as part of the permit holder's premises, a secured noncontiguous area located on a public sidewalk adjoining the premises if the designation is authorized by city ordinance.  Authorizes the ordinance to specify and limit the areas of the municipality in which this subsection is applicable.  Authorizes alcoholic beverages to be delivered by an employee of the permit holder to patrons for consumption in the designated sidewalk area.

 

SECTION 2.  Effective date: upon passage or September 1, 2007.