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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.