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A BILL TO BE ENTITLED
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AN ACT
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relating to the sale of malt liquor, ale, and beer by the holder of a |
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brewpub license. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 74.01(a), Alcoholic Beverage Code, is |
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amended to read as follows: |
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(a) A holder of a brewpub license for a brewpub located in a |
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wet area, as that term is described by Section 251.71 [of this
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code], may: |
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(1) manufacture, brew, bottle, can, package, and label |
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malt liquor, ale, and beer; |
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(2) sell or offer without charge, on the premises of |
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the brewpub, to ultimate consumers for consumption on or off those |
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premises, malt liquor, ale, or beer produced by the holder, in or |
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from a lawful container, to the extent the sales or offers are |
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allowed under the holder's other permits or licenses; [and] |
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(3) sell food on the premises of the holder's |
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breweries; |
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(4) sell malt liquor and ale to wholesale permit |
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holders in this state or to qualified persons outside this state; |
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and |
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(5) sell beer to holders of general, local, or branch |
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distributor's licenses in this state or to qualified persons |
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outside this state. |
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SECTION 2. Section 74.03, Alcoholic Beverage Code, is |
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amended to read as follows: |
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Sec. 74.03. PRODUCTION LIMIT. (a) The total annual |
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production of malt liquor, ale, and beer by a holder of a brewpub |
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license for sale to ultimate consumers for consumption on or off the |
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license holder's licensed premises may not exceed 5,000 barrels for |
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each licensed brewpub established, operated, or maintained by the |
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holder in this state. |
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(b) The combined total annual production of malt liquor, |
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ale, and beer for all licensed brewpubs established, operated, or |
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maintained by the holder of a brewpub license in this state may not |
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exceed 75,000 barrels. |
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SECTION 3. Chapter 74, Alcoholic Beverage Code, is amended |
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by adding Section 74.08 to read as follows: |
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Sec. 74.08. SALES BY CERTAIN BREWPUB LICENSE HOLDERS. (a) |
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In addition to the activities authorized by Section 74.01, the |
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holder of a brewpub license whose total annual production of malt |
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liquor, ale, and beer at a licensed brewpub in this state does not |
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exceed 10,000 barrels may: |
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(1) sell malt liquor or ale produced under the license |
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to those persons to whom the holder of a general class B |
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wholesaler's permit may sell malt liquor or ale under Section |
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20.01; and |
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(2) sell beer produced under the license to those |
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persons to whom the holder of a general distributor's license may |
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sell beer under Section 64.01. |
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(b) With regard to a sale under Subsection (a)(1), the |
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brewpub license holder has the same authority and is subject to the |
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same requirements that apply to a sale made by the holder of a |
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general class B wholesaler's permit. |
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(c) With regard to a sale under Subsection (a)(2), the |
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brewpub license holder has the same authority and is subject to the |
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same requirements that apply to a sale made by the holder of a |
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general distributor's license. |
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SECTION 4. Section 74.01(f), Alcoholic Beverage Code, is |
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repealed. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |