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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. Subchapter A, Chapter 102, Alcoholic Beverage |
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Code, is amended by adding Section 102.22 to read as follows: |
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Sec. 102.22. RETAILER EDUCATION. Nothing in this chapter |
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or this code prohibits a license or permit holder covered under |
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Section 102.07(a) or 102.15 or the license or permit holder's |
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agent, representative, or employee from educating a retailer or a |
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retailer's employee about the history, quality, characteristics, |
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presentation, food pairings, and responsible service and |
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consumption of the license or permit holder's products that are |
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sold by the retailer. |
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SECTION 2. 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. PROMOTIONAL VEHICLE EVENTS. (a) In this |
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section, "promotional vehicle event" means a prescheduled public or |
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private event: |
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(1) that is conducted on or near a brand-identified |
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promotional vehicle that is owned, rented, or leased by the license |
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or permit holder conducting the event while the vehicle is located |
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on the premises of a retailer holding a license or permit to sell |
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alcoholic beverages for on-premises or off-premises consumption; |
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(2) that is held for the purpose of promoting one or |
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more malt beverages, the sale of which is authorized in this state; |
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and |
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(3) during which the license or permit holder: |
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(A) provides instruction to consumers or the |
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retailer's employees of legal drinking age on the history, quality, |
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characteristics, presentation, or serving of the malt beverages; |
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(B) displays temporary advertising for the event |
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inside and outside the licensed or permitted premises; and |
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(C) allows consumers or employees to: |
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(i) taste malt beverages; and |
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(ii) taste food that may be paired with the |
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malt beverages. |
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(b) Notwithstanding Section 102.07, 102.14, 102.15, 108.06, |
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108.52, or 108.53 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 conduct promotional vehicle events. |
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(c) A promotional vehicle 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 promotional |
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vehicle event or the license or permit holder's agent, |
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representative, or employee may open, touch, pour, and serve malt |
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beverages. |
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(e) A comparison of different malt beverages may occur as |
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part of the promotional vehicle event. All comparisons must be |
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conducted in an honest and fair manner. A person may not: |
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(1) adulterate, spoil, or in any manner alter the |
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contents, characteristics, or taste of a malt beverage offered; or |
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(2) disparage a malt beverage offered as part of a |
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comparison. |
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(f) The license or permit holder conducting the promotional |
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vehicle event must purchase all malt beverages used in the event |
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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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(g) A consumer of legal drinking age may be served up to four |
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servings of a malt beverage for tasting as part of a promotional |
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vehicle event. A serving at a promotional vehicle event may not |
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exceed four ounces. |
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(h) A promotional vehicle event may be prearranged with and |
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preannounced to a retailer. A promotional vehicle event may not be |
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preannounced to a consumer other than with signs that are displayed |
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on the retailer's premises. |
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(i) A retailer may not host more than two promotional |
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vehicle events each calendar year. |
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Sec. 108.102. EXPERIENTIAL DINNERS. (a) In this section, |
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"experiential dinner" means a prescheduled and private event during |
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which invited consumers and alcoholic beverage retailer employees |
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of legal drinking age are provided with an opportunity to attend a |
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dinner for the purpose of: |
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(1) receiving instruction on pairing malt beverages |
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with food and the history, quality, characteristics, presentation, |
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and service of malt beverages; |
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(2) tasting malt beverages authorized for sale in this |
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state and food pairings; and |
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(3) being entertained by the license or permit holder |
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conducting the event or a person retained by the license or permit |
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holder. |
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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, or any retailer licensed or permitted |
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for on-premises consumption, may conduct an experiential dinner at |
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the premises of a retailer holding a license or permit to sell |
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alcoholic beverages for on-premises consumption. The retailer |
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shall be compensated for the fair market value of the services |
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provided by the retailer. |
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(c) An experiential dinner must be conducted during normal |
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business hours and may not exceed five hours in length. |
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(d) The license or permit holder conducting the |
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experiential dinner or the license or permit holder's agent, |
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representative, or employee may open, touch, pour, and serve malt |
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beverages. |
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(e) The license or permit holder conducting the |
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experiential dinner must purchase all malt beverages and food used |
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in 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 and food. |
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(f) An experiential dinner may be prearranged and conducted |
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jointly with a retailer and the retailer's employees. |
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(g) Consumers may be invited to an experiential dinner |
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through a sweepstakes or any other method chosen by the license or |
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permit holder conducting the experiential dinner. |
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(h) The license or permit holder conducting the |
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experiential dinner may preannounce and advertise the experiential |
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dinner to consumers. The retailer's name and address may not be |
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mentioned in the advertising, except that invitees may be informed |
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of the retail location in an official invitation. |
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(i) The value of the food, beverages, and entertainment |
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provided during the experiential dinner may not exceed $150 per |
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person on any one occasion. |
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Sec. 108.103. SWEEPSTAKES PRIZE EVENTS. (a) |
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Notwithstanding Section 102.15 or any other provision of this code, |
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a license or permit holder listed in Section 102.07(a) or a holder |
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of a manufacturer's or nonresident manufacturer's license or permit |
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or the license or permit holder's agent, representative, or |
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employee may: |
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(1) conduct a sweepstakes in which the prize is a |
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private, promotional event for consumer winners and other invited |
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guests of legal drinking age, including distributor and retailer |
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employees, held at the premises of a retailer holding a license or |
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permit to sell alcoholic beverages for on-premises consumption; |
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(2) provide food, beverages, entertainment, and |
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recreation to the attendees of the event; and |
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(3) compensate the retailer for the fair market value |
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of the services provided by the retailer. |
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(b) The retailer's name and address may not be mentioned in |
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any advertising for the sweepstakes, except that invitees may be |
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informed of the retail location in an official invitation. |
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Sec. 108.104. PREANNOUNCEMENT OF PROMOTIONAL EVENTS AT |
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RETAIL PREMISES. Notwithstanding Section 102.15 or any other |
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provision of this code, a manufacturer or distributor may |
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prearrange with or preannounce to a retailer a promotional activity |
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otherwise authorized by this code that is to be held on the |
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retailer's premises. The promotional activity may not be |
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preannounced to a consumer other than with signs that are displayed |
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on the retailer's premises. |
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SECTION 3. This Act takes effect September 1, 2011. |