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A BILL TO BE ENTITLED
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AN ACT
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relating to the possession and consumption of wine on the premise of |
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a mixed beverage or private club permittee, providing for separate |
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statement of the mixed beverage tax. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 28.06, Alcoholic Beverage Code, is |
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amended to read as follows: |
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Sec. 28.06. POSSESSION OF ALCOHOLIC BEVERAGE NOT COVERED BY |
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INVOICE. (a) Except as provided by Subsection (e), no [No] holder |
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of a mixed beverage permit, nor any officer, agent, or employee of a |
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holder, may possess or permit to be possessed on the premises for |
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which the permit is issued any alcoholic beverage which is not |
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covered by an invoice from the supplier from whom the alcoholic |
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beverage was purchased. |
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(b) A person who violates Subsection (a) of this section |
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commits a misdemeanor punishable by a fine of not more than $1,000 |
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or by confinement in the county jail for no more than 30 days or by |
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both. |
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(c) Except as provided by Subsection (e), no [No] holder of |
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a mixed beverage permit, nor any officer, agent, or employee of a |
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holder, may knowingly possess or permit to be possessed on the |
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licensed premises any alcoholic beverage which is not covered by an |
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invoice from the supplier from whom the alcoholic beverage was |
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purchased. |
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(d) A person who violates Subsection (c) of this section |
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commits a misdemeanor punishable by a fine of not less than $500 nor |
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more than $1,000 and by confinement in the county jail for not less |
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than 30 days nor more than two years. The commission or |
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administrator shall cancel the permit of any permittee found by the |
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commission or administrator, after notice and hearing, to have |
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violated or to have been convicted of violating Subsection (c) of |
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this section. |
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(e) The holder of a mixed beverage permit, or any officer, |
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agent, or employee of a holder, may permit a person to possess and |
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consume wine brought onto the premises by the person. The holder of |
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a mixed beverage permit may charge the person a corkage fee for the |
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person's consumption of wine on the premises and may provide for |
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service of the wine to the person and the person's guests. A fee |
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charged under this subsection is subject to the mixed beverage tax. |
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SECTION 2. Section 28.10(b), Alcoholic Beverage Code, is |
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amended to read as follows: |
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(b) A mixed beverage permittee may not permit any person to |
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take any alcoholic beverage purchased on the licensed premises from |
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the premises where sold, except that: |
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(1) a person who orders wine with food and has a |
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portion of the open container remaining may remove the open |
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container of wine from the premises; [and] |
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(2) a mixed beverage permittee who also holds a |
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brewpub license may sell or offer without charge on the premises of |
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the brewpub, to an ultimate consumer for consumption on or off the |
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premises, malt liquor, ale, or beer produced by the permittee, in or |
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from a lawful container in an amount that does not exceed one-half |
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barrel, provided that the aggregate amount of malt liquor, ale, and |
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beer removed from the premises under this subdivision does not |
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exceed 1,000 barrels annually; and |
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(3) a person who has brought wine onto the premises may |
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remove the wine from the premises. |
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SECTION 3. Section 32.15, Alcoholic Beverage Code, is |
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amended to read as follows: |
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Sec. 32.15. POSSESSION ON AND REMOVAL OF BEVERAGES FROM |
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PREMISES. (a) A private club may permit a person to possess and |
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consume wine brought onto the premises by the person. A private |
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club may charge the person a corkage fee for the person's |
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consumption of wine on the premises and may provide for service of |
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the wine to the person and the person's guests. A fee charged under |
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this subsection is subject to the mixed beverage tax. |
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(b) A private club, irrespective of location or system of |
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storage of alcoholic beverages, may not permit any person to remove |
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any alcoholic beverages from the club premises, except as |
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authorized by Subsection (b) of Section 28.10 of this code. |
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SECTION 4. Subchapter B, Chapter 183, Tax Code, is amended |
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by adding Section 183.0212 to read as follows: |
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Sec. 183.0212. SEPARATE STATEMENT OF TAX. A permittee may |
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print on an invoice, billing, sales slip, or ticket for the purchase |
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of an item subject to taxation under this chapter a separate |
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statement of the amount of tax imposed under this chapter. |
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SECTION 5. This Act takes effect September 1, 2009. |