Amend CSHB 1161 by inserting the following appropriately
numbered SECTION in the bill and renumbering subsequent SECTIONS of
the bill accordingly:
SECTION ____. Section 109.33(f), Alcoholic Beverage Code,
is amended to read as follows:
(f) Subsections (a)(2) and (3) do not apply to the holder
of:
(1) a retail on-premises consumption permit or license
if less than 50 percent of the gross receipts for the premises is
from the sale or service of alcoholic beverages;
(2) a retail off-premises consumption permit or
license if less than 50 percent of the gross receipts for the
premises[, excluding the sale of items subject to the motor fuels
tax,] is from the sale or service of alcoholic beverages:
(A) excluding the sale of items subject to the
motor fuels tax; and
(B) for a premises located in a city with a
population of less than 900,000, including receipts from additional
retail buildings owned by the off-premises consumption permit or
license holder that are located on the same property as the
permitted or licensed premises; or
(3) a wholesaler's, distributor's, brewer's,
distiller's and rectifier's, winery, wine bottler's or
manufacturer's permit or license, or any other license or permit
held by a wholesaler or manufacturer as those words are ordinarily
used and understood in Chapter 102.