|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the purchase and transport of alcoholic beverages by |
|
the holder of a mixed beverage permit. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Section 23.04, Alcoholic Beverage Code, is |
|
amended to read as follows: |
|
Sec. 23.04. MAY TRANSFER BEVERAGES. If the holder of a |
|
local distributor's permit also holds a local cartage permit, the |
|
permittee [he] may transfer: |
|
(1) alcoholic beverages from a place where the |
|
alcoholic beverages may be legally purchased: |
|
(A) [(1)] to any place where the sale of |
|
alcoholic beverages is legal in the city or county where the local |
|
distributor's [his] premises are located; and |
|
(B) [(2)] to a regional airport located all or |
|
partly in an adjoining county if the airport is governed by a board, |
|
commission, or authority, some of whose members reside in the |
|
county where the local distributor's premises are located; and |
|
(2) distilled spirits and wine to the premises of a |
|
mixed beverage permittee located in an area described by Section |
|
28.07(d). |
|
SECTION 2. Section 28.07, Alcoholic Beverage Code, is |
|
amended by amending Subsection (a) and adding Subsections (d) and |
|
(e) to read as follows: |
|
(a) Except as otherwise provided by this section, all [All] |
|
distilled spirits sold by a holder of a mixed beverage permit must |
|
be purchased from a holder of a local distributor's permit in the |
|
county in which the premises of a mixed beverage permittee is |
|
located. |
|
(d) A mixed beverage permittee located in a county that has |
|
a population of 450,000 or more in which there are not at least |
|
eight local distributor's permittees of separate ownership |
|
actively engaged in the distribution of distilled spirits and which |
|
is adjacent to a county with a population in excess of two million |
|
may purchase distilled spirits and wine in the nearest county where |
|
local distributor's permittees are located and may transport them |
|
to the mixed beverage permittee's premises under the same |
|
conditions set forth in Subsection (b) for the transfer of |
|
alcoholic beverages. A mixed beverage permittee whose premises are |
|
located in a county in which a mixed beverage permittee's purchase |
|
of distilled spirits and wine from a local distributor in an |
|
adjacent county and the transport of those beverages to the mixed |
|
beverage permittee's premises has ever been authorized under this |
|
subsection may continue to purchase distilled spirits and wine from |
|
a local distributor in an adjacent county and transport the |
|
beverages to the permittee's premises regardless of whether the |
|
number of local distributors described by this section that are |
|
located in the county in which the mixed beverage permittee's |
|
premises are located increases. |
|
(e) Sections 102.56(b), (c), and (d) apply to mixed beverage |
|
permittees covered by this section and purchases of alcoholic |
|
beverages covered by this section, and purchases of alcoholic |
|
beverages covered by this section are subject to the restrictions |
|
prescribed by those sections. |
|
SECTION 3. The change in law made by this Act applies only |
|
to the purchase of an alcoholic beverage on or after the effective |
|
date of this Act. The purchase of an alcoholic beverage before the |
|
effective date of this Act is governed by the law in effect |
|
immediately before that date, and that law is continued in effect |
|
for that purpose. |
|
SECTION 4. This Act takes effect September 1, 2009. |