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A BILL TO BE ENTITLED
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AN ACT
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relating to the on-premises consumption of certain alcoholic |
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beverages; providing a penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle B, Title 3, Alcoholic Beverage Code, is |
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amended by adding Chapter 76 to read as follows: |
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CHAPTER 76. ON-PREMISES CONSUMPTION ONLY LICENSE |
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Sec. 76.01. AUTHORIZED ACTIVITIES. The holder of an |
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on-premises consumption only license may allow a person to: |
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(1) consume alcoholic beverages on the licensed |
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premises; and |
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(2) bring alcoholic beverages onto or possess |
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alcoholic beverages on the licensed premises for the purpose of |
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consumption by the person on the licensed premises. |
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Sec. 76.02. ON-PREMISES CONSUMPTION ONLY LICENSE REQUIRED. |
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(a) Except as provided by Subsection (b), a person is required to |
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obtain a license under this chapter if the person: |
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(1) operates a commercial establishment that: |
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(A) provides entertainment or social activities; |
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or |
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(B) requires payment, dues, or mandatory |
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purchase of any kind or amount to be admitted onto the premises; and |
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(2) allows persons to possess, consume, or bring |
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alcoholic beverages onto the premises for the purpose of |
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consumption. |
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(b) A license under this chapter is not required for: |
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(1) an establishment that operates primarily as a food |
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service establishment; |
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(2) a fraternal or veterans organization as defined by |
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Section 32.11; |
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(3) an establishment operated by a religious |
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organization, governmental entity, or charitable organization; |
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(4) a premises that is covered by a license or permit |
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under this code authorizing the sale or service of alcoholic |
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beverages; or |
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(5) other types of establishments as determined by the |
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commission where the consumption of alcohol does not pose a threat |
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to the public health or safety. |
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(c) For the purposes of this section, an establishment |
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operates primarily as a food service establishment only if: |
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(1) the establishment has food service facilities for |
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the preparation and service of a minimum of eight entrees; |
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(2) the establishment operates under a food service |
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establishment permit issued by a local or state health authority; |
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and |
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(3) the hours of operation for the sale and service of |
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food are the same as the hours of operation for the establishment. |
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Sec. 76.03. FEE. The annual state fee for an on-premises |
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consumption only license is $1,000. |
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Sec. 76.04. ISSUANCE, CANCELLATION, AND SUSPENSION OF |
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LICENSE. (a) The provisions of this code relating to the |
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application for and issuance of a retail dealer's on-premise |
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license apply to an application for and issuance of an on-premises |
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consumption only license. |
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(b) The provisions of this code relating to the cancellation |
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and suspension of a retail dealer's on-premise license apply to the |
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cancellation and suspension of an on-premises consumption only |
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license. |
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Sec. 76.05. GENERALLY APPLICABLE PROVISIONS. The |
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provisions generally applicable to a license under Chapter 61 apply |
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to an on-premises consumption only license. |
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Sec. 76.06. BREACH OF PEACE. The commission or |
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administrator may suspend or cancel an on-premises consumption only |
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license after giving the licensee notice and the opportunity to |
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show compliance with all requirements of law for retention of the |
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license if the commission or administrator finds that a breach of |
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the peace has occurred on the licensed premises or on premises under |
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the licensee's control and that the breach of the peace was not |
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beyond the control of the licensee and resulted from the licensee's |
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improper supervision of persons permitted to be on the licensed |
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premises or the premises under the licensee's control. |
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Sec. 76.07. CONSUMPTION BY MINOR OR INTOXICATED PERSON. |
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The commission or administrator may suspend or cancel an |
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on-premises consumption only license after giving the licensee |
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notice and the opportunity to show compliance with all requirements |
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of law for retention of the license if the commission or |
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administrator finds that the licensee permitted a minor or an |
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intoxicated person to consume alcohol on the licensed premises or |
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on premises under the licensee's control. |
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Sec. 76.08. CONSUMPTION NEAR CHURCH, SCHOOL, OR HOSPITAL. |
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A municipality or a county may enact regulations prohibiting the |
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consumption of alcoholic beverages on the premises of a commercial |
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establishment described by Section 76.02 near a church, public or |
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private school, or public hospital in the same manner as the |
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municipality or county may prohibit the sale of alcoholic beverages |
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near a church, public or private school, or public hospital under |
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Section 109.33. |
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Sec. 76.09. OFFENSE. A person who fails to obtain a license |
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as required by this chapter commits an offense. |
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SECTION 2. On or before January 1, 2012, the Texas Alcoholic |
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Beverage Commission shall adopt all rules necessary to implement |
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Chapter 76, Alcoholic Beverage Code, as added by this Act. |
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SECTION 3. (a) Except as provided by Subsection (b) of this |
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section, this Act takes effect September 1, 2011. |
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(b) Section 76.09, Alcoholic Beverage Code, as added by this |
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Act, takes effect January 1, 2012. |