|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the promotion and marketing of alcoholic beverages. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Chapter 108, Alcoholic Beverage Code, is amended |
|
by adding Subchapter D to read as follows: |
|
SUBCHAPTER D. PROMOTIONAL EVENTS |
|
Sec. 108.101. PRODUCT INSTRUCTION EVENTS. (a) In this |
|
section, "product instruction event" means a prescheduled public or |
|
private event for the purpose of promoting one or more malt |
|
beverages the sale of which is authorized in this state during which |
|
the license or permit holder provides instruction to consumers and |
|
retailers' employees of legal drinking age on the history, quality, |
|
characteristics, presentation, or serving of the malt beverages by: |
|
(1) allowing the consumers and employees to taste the |
|
malt beverages; and |
|
(2) informing the consumers and employees about the |
|
types of food with which the malt beverages could be paired. |
|
(b) Notwithstanding Section 102.07, 102.14, 102.15, or |
|
108.06, or any other provision of this code, a holder of a |
|
manufacturer's license, nonresident manufacturer's license, |
|
brewer's permit, nonresident brewer's permit, nonresident seller's |
|
permit, general distributor's license, local distributor's |
|
license, wholesaler's permit, Class B wholesaler's permit, agent's |
|
beer license, agent's permit, or manufacturer's agent's permit, or |
|
the license or permit holder's agent, representative, or employee, |
|
may, in order to promote the license or permit holder's malt |
|
beverages, conduct product instruction events: |
|
(1) at the premises of a retailer holding a license or |
|
permit to sell alcoholic beverages for on-premises or off-premises |
|
consumption; and |
|
(2) on a brand-identified promotional vehicle that is |
|
owned, rented, or leased by the license or permit holder conducting |
|
the event while the vehicle is located on the premises of a retailer |
|
described by Subdivision (1). |
|
(c) A product instruction event must be conducted during |
|
normal business hours and may not exceed four hours in length. |
|
(d) The license or permit holder conducting a product |
|
instruction event may open, touch, pour, and serve only malt |
|
beverages that the license or permit holder manufactures or is |
|
authorized to distribute. |
|
(e) The license or permit holder conducting the product |
|
instruction event must purchase all malt beverages used in the |
|
event from the retailer. The retailer may not charge the license or |
|
permit holder more than the price the retailer charges a consumer |
|
for the beverages. |
|
(f) A product instruction event may be prearranged with and |
|
preannounced to a retailer. A product instruction event may not be |
|
preannounced to a consumer. |
|
(g) A retailer may host not more than two product |
|
instruction events each calendar year. |
|
SECTION 2. This Act takes effect September 1, 2009. |