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  By: Averitt S.B. No. 1426
 
 
A BILL TO BE ENTITLED
AN ACT
relating to the issuance of a food and beverage certificate to the
holder of a wine and beer retailer's permit or a retail dealer's
on-premise license.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Subsection (b), Section 25.13, Alcoholic
Beverage Code, is amended to read as follows:
       (b)  An applicant or holder of a food and beverage
certificate shall have food service facilities for the preparation
and service of multiple entrees. The commission shall adopt rules
as necessary to assure that the holder of a food and beverage
certificate maintains food service as the primary business on the
premises for which a food and beverage certificate has been issued.  
The commission may exempt permittees who are concessionaires in
public entertainment venues such as sports stadiums and convention
centers from the requirement that food service be the primary
business on the premises.
       SECTION 2.  Subsection (b), Section 69.16, Alcoholic
Beverage Code, is amended to read as follows:
       (b)  An applicant or holder of a food and beverage
certificate shall have food service facilities for the preparation
and service of multiple entrees.  The commission shall adopt rules
as necessary to assure that the holder of a food and beverage
certificate maintains food service as the primary business on the
premises for which a food and beverage certificate has been issued.  
The commission may exempt permittees who are concessionaires in
public entertainment venues such as sports stadiums and convention
centers from the requirement that food service be the primary
business on the premises.
       SECTION 3.  This Act takes effect September 1, 2007.