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A BILL TO BE ENTITLED
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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. CONSUMER PRODUCT INSTRUCTION EVENTS. (a) In |
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this section, "consumer product instruction event" means a |
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prescheduled event during which the license or permit holder |
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provides consumers of legal drinking age with one or more malt |
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beverages the sale of which is authorized in this state for the |
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purposes of providing consumer instruction on the history, quality, |
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characteristics, presentation, or serving of the beverages |
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provided and allowing consumers to taste the beverages provided. |
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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, manufacturer's agent's permit, or |
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promotional permit, or the license or permit holder's agent, |
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representative, or employee, may, in order to promote the license |
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or permit holder's malt beverages, conduct consumer product |
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instruction events at the premises of a retailer holding a license |
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or permit to sell alcoholic beverages for on-premises or |
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off-premises consumption. |
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(c) A consumer product instruction event must be conducted |
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during normal business hours, if conducted on a licensed or |
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permitted premises, and may not exceed three hours in length. |
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(d) The license or permit holder conducting a consumer |
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product instruction event may open, touch, pour, and serve malt |
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beverages. |
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(e) The license or permit holder conducting the consumer |
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product instruction event must purchase all malt beverages used in |
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the event from the retailer. The retailer may not charge the |
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license or permit holder more than the price the retailer charges a |
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consumer for the beverages. |
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(f) A consumer product instruction event may be prearranged |
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with and preannounced to a retailer. A consumer product |
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instruction event may not be preannounced to a consumer. |
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SECTION 2. This Act takes effect September 1, 2009. |