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A BILL TO BE ENTITLED
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AN ACT
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relating to the on-premises consumption of certain alcoholic |
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beverages; providing a penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle A, Title 3, Alcoholic Beverage Code, is |
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amended by adding Chapter 56 to read as follows: |
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CHAPTER 56. ON-PREMISES CONSUMPTION ONLY PERMIT |
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Sec. 56.01. AUTHORIZED ACTIVITIES. The holder of an |
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on-premises consumption only permit may allow a person to bring |
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alcoholic beverages onto the permitted premises for consumption by |
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the person on the permitted premises. |
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Sec. 56.02. CERTAIN PREMISES INELIGIBLE FOR PERMIT. An |
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on-premises consumption only permit may not be issued for a |
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premises covered by a mixed beverage permit or a private club |
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registration permit. |
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Sec. 56.03. FEE. The annual state fee for an on-premises |
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consumption only permit is $500. |
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Sec. 56.04. BREACH OF PEACE. The commission or |
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administrator may suspend or cancel an on-premises consumption only |
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permit after giving the holder notice and the opportunity to show |
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compliance with the requirements of law for the retention of the |
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permit if the commission or administrator finds that: |
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(1) a breach of the peace has occurred on the premises |
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covered by the permit or on a premises under the holder's control; |
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and |
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(2) the breach of the peace resulted from the holder's |
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improper supervision of a person who was allowed on the premises |
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covered by the permit or the premises under the holder's control. |
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SECTION 2. Subchapter D, Chapter 101, Alcoholic Beverage |
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Code, is amended by adding Section 101.76 to read as follows: |
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Sec. 101.76. ON-PREMISES CONSUMPTION ONLY PERMIT REQUIRED. |
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(a) The owner of a commercial establishment that charges customers |
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a fee to be admitted to the establishment, including a fee under |
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Section 47.052, Business & Commerce Code, commits an offense if the |
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owner of the commercial establishment: |
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(1) allows a person to bring alcoholic beverages onto |
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the establishment's premises for consumption on the establishment's |
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premises; and |
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(2) does not hold an on-premises consumption only |
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permit under Chapter 56. |
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(b) An offense under this section is a Class C misdemeanor, |
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except that the offense is a: |
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(1) Class B misdemeanor if it is shown on the trial of |
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the offense that the person has previously been convicted of an |
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offense under this section one time; or |
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(2) Class A misdemeanor if it is shown on the trial of |
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the offense that the person has previously been convicted of an |
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offense under this section two or more times. |
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SECTION 3. On or before November 1, 2009, the Alcoholic |
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Beverage Commission shall adopt all rules necessary to implement |
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Chapter 56, Alcoholic Beverage Code, as added by this Act. |
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SECTION 4. (a) Except as provided by Subsection (b) of this |
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section, this Act takes effect September 1, 2009. |
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(b) Section 101.76, Alcoholic Beverage Code, as added by |
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this Act, takes effect January 1, 2010. |