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AN ACT
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relating to the promotion and marketing of alcoholic beverages. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 108, Alcoholic Beverage Code, is amended |
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by adding Subchapter D to read as follows: |
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SUBCHAPTER D. PROMOTIONAL EVENTS |
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Sec. 108.101. PRODUCT INSTRUCTION EVENTS. (a) In this |
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section, "product instruction event" means a prescheduled public or |
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private event for the purpose of promoting one or more malt |
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beverages the sale of which is authorized in this state during which |
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the license or permit holder provides instruction to consumers and |
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retailers' employees of legal drinking age on the history, quality, |
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characteristics, presentation, or serving of the malt beverages by: |
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(1) allowing the consumers and employees to taste the |
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malt beverages; and |
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(2) informing the consumers and employees about the |
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types of food with which the malt beverages could be paired. |
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(b) Notwithstanding Section 102.07, 102.14, 102.15, or |
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108.06, or any other provision of this code, a holder of a |
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manufacturer's license, nonresident manufacturer's license, |
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brewer's permit, nonresident brewer's permit, nonresident seller's |
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permit, general distributor's license, local distributor's |
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license, wholesaler's permit, Class B wholesaler's permit, agent's |
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beer license, agent's permit, or manufacturer's agent's permit, or |
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the license or permit holder's agent, representative, or employee, |
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may, in order to promote the license or permit holder's malt |
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beverages, conduct product instruction events: |
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(1) at the premises of a retailer holding a license or |
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permit to sell alcoholic beverages for on-premises or off-premises |
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consumption; and |
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(2) on a brand-identified promotional vehicle that is |
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owned, rented, or leased by the license or permit holder conducting |
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the event while the vehicle is located on the premises of a retailer |
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described by Subdivision (1). |
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(c) A product instruction event must be conducted during |
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normal business hours and may not exceed four hours in length. |
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(d) The license or permit holder conducting a product |
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instruction event may open, touch, pour, and serve only malt |
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beverages that the license or permit holder manufactures or is |
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authorized to distribute. |
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(e) The license or permit holder conducting the product |
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instruction event must purchase all malt beverages used in the |
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event from the retailer. The retailer may not charge the license or |
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permit holder more than the price the retailer charges a consumer |
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for the beverages. |
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(f) A product instruction event may be prearranged with and |
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preannounced to a retailer. A product instruction event may not be |
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preannounced to a consumer. |
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(g) A retailer may host not more than two product |
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instruction events each calendar year. |
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SECTION 2. This Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 2558 passed the Senate on |
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May 13, 2009, by the following vote: Yeas 29, Nays 2. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 2558 passed the House on |
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May 26, 2009, by the following vote: Yeas 142, Nays 0, two |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |