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A BILL TO BE ENTITLED
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AN ACT
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relating to the distribution of certain alcoholic beverages. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 19.03, Alcoholic Beverage Code, is |
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amended to read as follows: |
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Sec. 19.03. PROMOTIONAL ACTIVITIES. The holder of a |
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wholesaler's permit or the permit holder's [his] agent may enter the |
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licensed premises of a mixed beverage permittee or private club |
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registration permittee to determine the brands offered for sale and |
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suggest or promote the sale of other brands, to the extent |
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authorized by Section 102.07 [of this code]. The holder or the |
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holder's [his] agent may [not] accept a direct order from a mixed |
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beverage permittee or a private club registration permittee |
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[except] for distilled spirits, wine, or malt liquor. |
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SECTION 2. Section 19.04, Alcoholic Beverage Code, is |
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amended to read as follows: |
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Sec. 19.04. MINIATURE CONTAINERS. In addition to other |
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authorized containers, a wholesaler's permittee may import, sell, |
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offer for sale, and possess for the purpose of resale distilled |
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spirits, wine, and vinous liquors in containers of not less than one |
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ounce nor more than two ounces. Liquor in containers of that size |
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may be sold to: |
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(1) package store permittees for resale to airline |
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beverage permittees, as provided in Section 34.05 [of this code]; |
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[and] |
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(2) local distributor's permittees; and |
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(3) the holder of a mixed beverage permit or a private |
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club registration permit. |
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SECTION 3. Chapter 19, Alcoholic Beverage Code, is amended |
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by adding Sections 19.06 and 19.07 to read as follows: |
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Sec. 19.06. SALE OF DISTILLED SPIRITS TO HOLDERS OF MIXED |
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BEVERAGE AND PRIVATE CLUB REGISTRATION PERMITS. (a) |
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Notwithstanding any other provision of this code, the holder of a |
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wholesaler's permit may sell distilled spirits to the holder of a |
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mixed beverage permit or to the holder of a private club |
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registration permit located in an area in which the sale of mixed |
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beverages is legal. |
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(b) The holder of a wholesaler's permit may rent or sell to |
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the holder of a mixed beverage or private club registration permit |
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any equipment, fixtures, or supplies used in the selling or |
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dispensing of distilled spirits. |
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(c) Section 102.07(a)(5) does not apply to the sale or |
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rental of equipment, fixtures, or supplies used in the selling or |
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dispensing of distilled spirits by a wholesaler to the holder of a |
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mixed beverage permit or private club registration permit. |
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Sec. 19.07. MAY DELIVER DISTILLED SPIRITS. Notwithstanding |
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any other provision of this code, the holder of a wholesaler's |
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permit may deliver distilled spirits to the premises of a holder of |
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a mixed beverage permit or the premises of a holder of a private |
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club registration permit that is located in an area in which the |
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sale of mixed beverages is legal. |
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SECTION 4. Section 28.07, Alcoholic Beverage Code, is |
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amended to read as follows: |
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Sec. 28.07. PURCHASE AND TRANSPORTATION OF ALCOHOLIC |
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BEVERAGES. (a) All distilled spirits sold by a holder of a mixed |
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beverage permit must be purchased from a holder of a local |
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distributor's permit in the county in which the premises of a mixed |
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beverage permittee is located or from the holder of a wholesaler's |
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permit. |
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(b) If a holder of a mixed beverage permit is in a county |
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where there are no local distributors, the mixed beverage permit |
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holder [he] may purchase alcoholic beverages from a local |
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distributor in the nearest county where local distributors are |
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located. |
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(b-1) The mixed beverage permit holder [and] may transport |
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the alcoholic beverages from the local distributor's premises or |
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the wholesaler's premises [them] to the mixed beverage permit |
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holder's [his] premises provided that the mixed beverage permit |
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holder [he] is also a holder of a beverage cartage permit. The |
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transporter may acquire the alcoholic beverages only on the written |
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order of the holder of the mixed beverage permit. The alcoholic |
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beverages must be accompanied by a written statement furnished and |
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signed by the local distributor or wholesaler showing the name and |
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address of the consignee and consignor, the origin and destination |
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of the shipment, and any other information required by the |
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commission or administrator. The person in charge of the alcoholic |
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beverages while they are being transported shall exhibit the |
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written statement to any representative of the commission or any |
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peace officer on demand, and the statement shall be accepted by the |
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representative or officer as prima facie evidence of the lawful |
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right to transport the alcoholic beverages. |
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(c) If a mixed beverage permittee holds a beverage cartage |
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permit and the permit holder's [his] premises are located in a |
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regional airport governed by a board, commission, or authority |
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composed of members from two or more counties, and there is no local |
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distributor at the airport, the mixed beverage permittee may |
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purchase alcoholic beverages from any local distributor in a trade |
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area served by the airport and transport the beverages [them] to the |
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permit holder's [his] licensed premises. The transportation of the |
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beverages must be in accordance with Subsection (b-1) [(b) of this
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section]. |
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SECTION 5. Sections 28.15(b) and (c), Alcoholic Beverage |
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Code, are amended to read as follows: |
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(b) A holder of a local distributor's or a wholesaler's |
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permit may not knowingly sell, ship, or deliver distilled spirits |
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in any container that does not bear a serially numbered |
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identification stamp issued by the commission or other |
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identification approved by the commission. |
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(c) Identification stamps may be issued only to a holder of |
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a local distributor's or a wholesaler's permit who shall affix the |
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stamps as prescribed by the commission or administrator. |
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SECTION 6. Section 30.04, Alcoholic Beverage Code, is |
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amended to read as follows: |
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Sec. 30.04. PURCHASE OF DISTILLED SPIRITS. Distilled |
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spirits sold under a daily temporary mixed beverage permit must be |
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purchased from the holder of a local distributor's or a wholesaler's |
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permit. |
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SECTION 7. Section 32.08, Alcoholic Beverage Code, is |
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amended to read as follows: |
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Sec. 32.08. PURCHASE AND TRANSPORTATION OF ALCOHOLIC |
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BEVERAGES. (a) Except as provided by this subsection, all [All] |
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distilled spirits sold by a club holding a private club |
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registration permit for a premises located in a dry area must be |
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purchased in this state from a holder of a local distributor's |
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permit. A club holding a private club registration permit for a |
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premises located in an area in which the sale of mixed beverages is |
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legal may purchase distilled spirits from the holder of a local |
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distributor's or wholesaler's permit. |
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(b) If the club holding the permit is in an area where there |
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are no local distributors, the permit holder may purchase alcoholic |
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beverages [may be purchased] in any area where local distributors |
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are located. |
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(b-1) The private club registration permit holder [and] may |
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transport the alcoholic beverages from the local distributor's |
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premises or the wholesaler's premises [be transported] to the club |
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premises if the club also holds a beverage cartage permit. The |
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transporter may acquire the alcoholic beverages only on the written |
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order of an officer or manager of the club holding the permit. The |
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alcoholic beverages must be accompanied by a written statement |
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furnished and signed by the local distributor or wholesaler showing |
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the name and address of the consignee and consignor, the origin and |
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destination of the shipment, and any other information required by |
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the commission or administrator. The person in charge of the |
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alcoholic beverages while they are being transported shall exhibit |
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the written statement to any representative of the commission or |
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any peace officer on demand, and the statement shall be accepted by |
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the representative or officer as prima facie evidence of the lawful |
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right to transport the alcoholic beverages. |
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(c) If a private club registration permittee holds a |
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beverage cartage permit and the permittee's [his] premises are |
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located in a regional airport governed by a board, commission, or |
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authority composed of members from two or more counties, and there |
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is no local distributor at the airport, the private club |
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registration permittee may purchase alcoholic beverages from any |
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local distributor in a trade area served by the airport and |
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transport the beverages [them] to the permittee's [his] licensed |
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premises. The transportation of the beverages must be in |
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accordance with Subsection (b-1) [(b) of this section]. |
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SECTION 8. Sections 32.20(b) and (c), Alcoholic Beverage |
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Code, are amended to read as follows: |
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(b) A holder of a local distributor's or a wholesaler's |
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permit may not knowingly sell, ship, or deliver distilled spirits |
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in any container that does not bear a serially numbered |
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identification stamp issued by the commission or other |
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identification approved by the commission. |
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(c) Identification stamps may be issued only to a holder of |
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a local distributor's or a wholesaler's permit who shall affix the |
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stamps as prescribed by the commission or administrator. |
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SECTION 9. Section 33.24, Alcoholic Beverage Code, is |
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amended to read as follows: |
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Sec. 33.24. PURCHASE OF DISTILLED SPIRITS. Distilled |
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spirits sold under a daily temporary private club permit must be |
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purchased from the holder of a local distributor's or a wholesaler's |
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permit. |
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SECTION 10. Section 102.04(b), Alcoholic Beverage Code, is |
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amended to read as follows: |
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(b) Except as permitted in Sections 19.06 and [Section] |
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23.01 [of this code], no person to whom this section applies may: |
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(1) have a direct or indirect interest in the |
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business, premises, equipment, or fixtures of a mixed beverage |
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establishment; |
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(2) furnish or lend any money, service, or other thing |
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of value to a mixed beverage permittee or guarantee the fulfillment |
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of a financial obligation of a mixed beverage permittee; |
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(3) enter or offer to enter into an agreement, |
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condition, or system which in effect amounts to the shipment and |
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delivery of alcoholic beverages on consignment; |
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(4) furnish, rent, lend, or sell to a mixed beverage |
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permittee any equipment, fixtures, or supplies used in the selling |
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or dispensing of alcoholic beverages; |
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(5) pay or make an allowance to a mixed beverage |
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permittee for a special advertising or distributing service, or |
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allow the permittee an excessive discount; |
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(6) offer to a mixed beverage permittee a prize, |
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premium, or other inducement, except as permitted by Section |
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102.07(b) [of this code]; or |
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(7) advertise in the convention program or sponsor a |
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function at a meeting or convention or a trade association of |
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holders of mixed beverage permits, unless the trade association was |
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incorporated before 1950. |
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SECTION 11. Section 201.02, Alcoholic Beverage Code, is |
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amended to read as follows: |
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Sec. 201.02. "FIRST SALE" DEFINED. In this subchapter, |
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"first sale": |
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(1) as applied to liquor imported into this state by |
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the holder of a wholesaler's permit authorizing importation, means |
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the first actual sale by the permittee to the holder of any other |
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permit authorizing the retail sale of the beverage, including the |
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holder of a private club registration permit, or to the holder of a |
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local distributor's permit; and |
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(2) as applied to all other liquor, means the first |
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sale, possession, distribution, or use in this state. |
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SECTION 12. The change in law made by this Act applies only |
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to conduct that occurs on or after the effective date of this Act. |
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Conduct that occurs before the effective date of this Act is |
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governed by the law in effect immediately before that date, and that |
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law is continued in effect for that purpose. |
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SECTION 13. This Act takes effect September 1, 2007. |