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A BILL TO BE ENTITLED
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AN ACT
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relating to the sale of souvenir bottles of distilled spirits by the |
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holder of a distiller's and rectifier's permit. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsection (a), Section 14.01, Alcoholic |
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Beverage Code, is amended to read as follows: |
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(a) The holder of a distiller's and rectifier's permit may: |
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(1) manufacture distilled spirits; |
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(2) rectify, purify, and refine distilled spirits and |
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wines; |
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(3) mix wines, distilled spirits, or other liquors; |
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(4) bottle, label, and package the permit holder's |
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finished products; |
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(5) sell the finished products in this state to |
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holders of wholesaler's permits and to qualified persons outside |
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the state; |
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(6) import distilled spirits, to be used only for |
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manufacturing or rectification purposes, from holders of |
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nonresident seller's permits; [and] |
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(7) dispense free distilled spirits for consumption on |
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the permitted premises; and |
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(8) sell souvenir bottles of distilled spirits to |
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ultimate consumers for off-premises consumption in accordance with |
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Section 14.05. |
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SECTION 2. Chapter 14, Alcoholic Beverage Code, is amended |
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by adding Section 14.05 to read as follows: |
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Sec. 14.05. SOUVENIR BOTTLE SALES. (a) The holder of a |
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distiller's and rectifier's permit whose premises are located in an |
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area where the sale of distilled spirits is legal may sell souvenir |
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bottles of distilled spirits manufactured or bottled on the |
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permitted premises to ultimate consumers in unbroken packages for |
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off-premises consumption. |
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(b) A consumer may not purchase more than one souvenir |
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bottle per visit of each brand of distilled spirits manufactured or |
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bottled on the permitted premises. |
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(c) A permit holder may not sell more than 50,000 gallons of |
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distilled spirits under this section annually. |
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(d) Distilled spirits sold under this section must be sold |
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in container sizes that meet commission rules and that are labeled, |
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stamped, or otherwise designed differently than the containers the |
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permittee sells to wholesalers. |
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(e) A person authorized to sell distilled spirits under this |
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section may not sell a souvenir bottle of distilled spirits to a |
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minor or to an obviously intoxicated person. |
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SECTION 3. This Act takes effect September 1, 2011. |
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