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A BILL TO BE ENTITLED
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AN ACT
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relating to the marketing of certain alcoholic beverages by |
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manufacturers and their agents; providing for a permitting fee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 11.72, Alcoholic Beverage Code, is |
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amended to read as follows: |
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Sec. 11.72. DISCIPLINE FOR ACTIONS OF AGENT. The |
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commission or administrator may suspend or revoke the permit of a |
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person who is represented by the holder of an agent's permit under |
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[as described by] Section 15.01, 35.01, or 36.01 or otherwise |
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discipline the person based on an act or omission of the holder of |
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the [an] agent's permit only if an individual employed by the person |
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in a supervisory position: |
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(1) was directly involved in the act or omission of the |
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holder of the [an] agent's permit; |
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(2) had notice or knowledge of the act or omission; or |
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(3) failed to take reasonable steps to prevent the act |
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or omission. |
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SECTION 2. Subtitle A, Title 3, Alcoholic Beverage Code, is |
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amended by adding Chapter 15 to read as follows: |
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CHAPTER 15. DISTILLER'S AGENT'S PERMIT |
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Sec. 15.01. AUTHORIZED ACTIVITIES. The holder of a |
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distiller's agent's permit may: |
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(1) represent the holder of a distiller's and |
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rectifier's permit; |
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(2) solicit and take orders from authorized permit |
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holders for the sale of distilled spirits manufactured by the |
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permit holder represented by the agent; and |
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(3) conduct free distilled spirits tastings on the |
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premises of the holder of a package store permit. |
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Sec. 15.02. FEE. The annual state fee for a distiller's |
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agent's permit is $10. |
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Sec. 15.03. EVIDENCE OF AGENCY OR EMPLOYMENT REQUIRED. A |
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distiller's agent's permit may not be issued to a person until the |
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person shows to the satisfaction of the commission that the person |
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has been employed by or authorized to act as the agent of the permit |
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holder the person proposes to represent. |
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Sec. 15.04. PROVIDING SAMPLES TO RETAILER. (a) |
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Notwithstanding any other provision of this code, the holder of a |
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distiller's agent's permit may furnish or give a sample of a |
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distilled spirit to a holder of a permit authorizing the sale of |
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distilled spirits at retail if the retail permittee has not |
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previously purchased that brand. A sample of a distilled spirit may |
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not be furnished or given under this section unless the product's |
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label complies with the labeling requirements of this code. |
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(b) The distiller's agent may give the retail permittee not |
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more than 750 milliliters of any brand of distilled spirits. |
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(c) The retail permittee or the permittee's agent, servant, |
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or employee may sample the product on the licensed premises only if |
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the distiller's agent is present. |
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Sec. 15.05. SOLICITATION FROM HOLDER OF MIXED BEVERAGE OR |
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PRIVATE CLUB PERMIT. A holder of a distiller's agent's permit may |
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not solicit business directly or indirectly from a holder of a mixed |
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beverage permit or a private club registration permit unless the |
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distiller's agent is accompanied by the holder of a wholesaler's |
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permit or the wholesaler's agent. |
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Sec. 15.06. UNAUTHORIZED REPRESENTATION. A holder of a |
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distiller's agent's permit in soliciting or taking orders for the |
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sale of liquor may not represent that the permit holder is an agent |
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of any person other than the person designated in the permit |
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holder's application. |
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Sec. 15.07. GRACE PERIOD. A person may engage in the |
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activities specified in Section 15.01 for an initial grace period |
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of five days during which the person shall procure a distiller's |
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agent's permit from the commission. |
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SECTION 3. Section 36.05, Alcoholic Beverage Code, is |
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amended to read as follows: |
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Sec. 36.05. PROVIDING SAMPLES TO RETAILER. (a) |
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Notwithstanding any other provision of this code, the holder of a |
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manufacturer's agent's permit may furnish or give a sample of a |
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distilled spirit to a holder of a permit authorizing the sale of |
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distilled spirits at retail if the retail permittee has not |
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previously purchased that brand. A sample of a distilled spirit may |
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not be furnished or given under this section unless the product's |
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label complies with the labeling requirements of this code. |
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(b) The holder of a manufacturer's agent's permit may give |
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the retail permittee not more than 750 milliliters of any brand of |
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distilled spirits. |
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(c) The retail permittee or the permittee's agent, servant, |
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or employee may sample the product on the licensed premises only if |
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the holder of the manufacturer's agent's permit is present. |
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(d) Any distilled spirit provided to a retail permittee |
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under this section must be obtained by the [The] holder of a |
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manufacturer's agent's permit from the holder of a wholesaler's |
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permit [may not transport or carry liquor as samples, but may carry
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or display empty sample containers]. |
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SECTION 4. Chapter 36, Alcoholic Beverage Code, is amended |
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by adding Section 36.09 to read as follows: |
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Sec. 36.09. GRACE PERIOD. A person may engage in the |
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activities specified in Section 36.01 for an initial grace period |
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of five days during which the person shall procure a manufacturer's |
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agent's permit from the commission. |
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SECTION 5. Section 52.01(m), Alcoholic Beverage Code, is |
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amended to read as follows: |
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(m) The holder of a distiller's or rectifier's permit, |
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distiller's agent's permit, nonresident seller's permit, or |
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manufacturer's agent's permit or that permit holder's agent or |
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employee may participate in and conduct product tastings of |
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alcoholic beverages at a retailer's premises and may open, touch, |
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or pour alcoholic beverages, make a presentation, or answer |
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questions at the tasting. Any alcoholic beverage tasted under this |
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subsection must be purchased from the package store permit holder |
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on whose premises the tasting is held. The permit holder may not |
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require the purchase of more alcoholic beverages than are necessary |
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for the tasting. This section does not authorize the holder of a |
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distiller's or rectifier's permit, distiller's agent's permit, |
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nonresident seller's permit, or manufacturer's agent's permit to |
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withdraw or purchase an alcoholic beverage from the holder of a |
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wholesaler's permit or provide an alcoholic beverage for tasting on |
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a retailer's premises that is not purchased from the retailer. |
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SECTION 6. Section 106.09(d), Alcoholic Beverage Code, is |
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amended to read as follows: |
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(d) The fact that a person is 18, 19, or 20 years of age is |
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not a ground for refusal of an original or renewal permit or license |
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issued under Chapter 15, 35, 36, or 73 of this code, provided that |
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such a person to whom a permit or license is issued may carry out the |
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activities authorized by those chapters only while in the actual |
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course and scope of the person's employment. |
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SECTION 7. This Act takes effect September 1, 2013. |