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