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A BILL TO BE ENTITLED
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AN ACT
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relating to the manufacture, distribution, sale, and provision of |
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alcoholic beverages and the regulation of those activities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1.04, Alcoholic Beverage Code, is |
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amended by amending Subdivision (15) and adding Subdivisions (26) |
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and (27) to read as follows: |
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(15) "Beer" means a malt beverage containing one-half |
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of one percent or more of alcohol by volume and not more than four |
|
percent of alcohol by weight[, and does not include a beverage
|
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designated by label or otherwise by a name other than beer]. |
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(26) "Criminal negligence" has the meaning assigned by |
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Section 6.03, Penal Code. |
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(27) "Intoxicated" has the meaning assigned by Section |
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49.01, Penal Code. |
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SECTION 2. Section 1.07(a), Alcoholic Beverage Code, is |
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amended to read as follows: |
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(a) For purposes of any provision of this code that requires |
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an applicant for a license or permit to be a United States citizen |
|
[or Texas citizen], regardless of whether it applies to an |
|
individual, a percentage of stockholders of a corporation, or |
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members of a partnership, firm, or association, an individual who |
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is not a United States citizen but who legally resides in the state |
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is treated as a United States citizen [and a citizen of Texas]. |
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SECTION 3. Section 5.11, Alcoholic Beverage Code, is |
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amended to read as follows: |
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Sec. 5.11. ADMINISTRATOR. (a) The commission shall appoint |
|
an administrator to serve at its will and, subject to its |
|
supervision, administer this code. Unless the commission orders |
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otherwise, the administrator shall be manager, secretary, and |
|
custodian of all records. The administrator shall devote the |
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administrator's [his] entire time to the office and shall receive a |
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salary as appropriated by the legislature. |
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(b) The administrator is also known as the executive |
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director. |
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SECTION 4. Section 5.13, Alcoholic Beverage Code, is |
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amended to read as follows: |
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Sec. 5.13. ASSISTANT ADMINISTRATOR. (a) The administrator |
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shall appoint an assistant administrator. The assistant |
|
administrator must meet the same qualifications as the |
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administrator. The assistant administrator shall take the |
|
constitutional oath of office. In the absence of the administrator, |
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or in case of the administrator's [his] inability to act, the |
|
assistant administrator shall perform the duties conferred on the |
|
administrator by law or delegated to the administrator by the |
|
commission. If there is a vacancy in the office of administrator, |
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the assistant administrator shall perform the duties of the |
|
administrator until an administrator has been appointed by the |
|
commission. At other times the assistant administrator [he] shall |
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perform those duties and have those functions, powers, and |
|
authority as may be delegated to the assistant administrator [him] |
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by the administrator. |
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(b) The assistant administrator is also known as the deputy |
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executive director. |
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SECTION 5. Section 5.15, Alcoholic Beverage Code, is |
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amended to read as follows: |
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Sec. 5.15. ASSISTANT ATTORNEYS GENERAL. The attorney |
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general may [shall] appoint as many as six assistant attorneys |
|
general, as the commission determines necessary, to enable the |
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commission to more efficiently enforce this code. The attorney |
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general and the assistant attorneys general shall prosecute all |
|
suits requested by the commission and defend all suits against the |
|
commission. The commission shall provide the assistant attorneys |
|
general with necessary stenographers and office space. The |
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assistant attorneys general shall be paid by the commission out of |
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funds appropriated to it for the administration of this code. Their |
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compensation shall be on the same basis as assistant attorneys |
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general devoting their time to general state business. |
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SECTION 6. Section 5.32, Alcoholic Beverage Code, is |
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amended to read as follows: |
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Sec. 5.32. MAY REQUIRE REPORTS. The commission may require |
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[the filing of reports and other data by] persons engaged in the |
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alcoholic beverage business to provide information, records, or |
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other documents [which] the commission finds necessary to |
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accomplish the purposes of this code. |
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SECTION 7. Section 6.03(l), Alcoholic Beverage Code, is |
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amended to read as follows: |
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(l) Corporations holding a permit or license under Chapters |
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25-34, Chapter 44, Chapters 48-51, Chapters 69-72, or Chapter 74 |
|
[subject to Subsection (k) of this section] that have substantially |
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similar ownership may merge or consolidate. A fee of $100 shall be |
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paid to the commission for each licensed or permitted premises that |
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is merged or consolidated into the surviving corporation. The |
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surviving corporation succeeds to all privileges of the prior |
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corporation that held the permits or licenses if the surviving |
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corporation is qualified to hold the permits or licenses under this |
|
code. For the purposes of this subsection, corporations have |
|
substantially similar ownership if 90 percent or more of the |
|
corporations is owned by the same person or persons or by the same |
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corporation or corporations or if the surviving corporation has |
|
maintained an ownership interest in the merged or consolidated |
|
corporations since the date the original permit or license was |
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issued. |
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SECTION 8. Section 6.05, Alcoholic Beverage Code, is |
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amended to read as follows: |
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Sec. 6.05. CORPORATE LIABILITY. A corporation with an |
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ownership interest in a corporation holding a permit or license |
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under Chapters 25-34, Chapter 44, Chapters 48-51, Chapters 69-72, |
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or Chapter 74 [Section 6.03(k) of this code] and which shares space, |
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employees, business facilities, or services is subject to liability |
|
under Chapter 2 [of this code]. |
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SECTION 9. Chapter 11, Alcoholic Beverage Code, is amended |
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by adding Section 11.14 to read as follows: |
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Sec. 11.14. AUTOMATED DISPENSING MACHINES. (a) In this |
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section, "payment card" means a credit card, debit card, check |
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card, or other card that is issued to an authorized user to purchase |
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or obtain goods, services, money, or any other thing of value. |
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(b) A permittee authorized to sell wine for on-premises |
|
consumption may use an automated machine that is activated by the |
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use of a payment card to dispense the wine. Only an employee of the |
|
permittee who is authorized to serve alcoholic beverages may |
|
dispense wine from an automated machine authorized by this section. |
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SECTION 10. Section 11.46(a) Alcoholic Beverage Code, is |
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amended to read as follows: |
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(a) The commission or administrator may refuse to issue an |
|
original or renewal permit with or without a hearing if the |
|
commission or administrator [it] has reasonable grounds to believe |
|
and finds that any of the following circumstances exists: |
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(1) the applicant has been convicted in a court of |
|
competent jurisdiction of the violation of any provision of this |
|
code during the two years immediately preceding the filing of the |
|
applicant's [his] application; |
|
(2) five years have not elapsed since the termination, |
|
by pardon or otherwise, of a sentence imposed on the applicant for |
|
the conviction of a felony; |
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(3) within the six-month period immediately preceding |
|
the applicant's [his] application the applicant violated or caused |
|
to be violated a provision of this code or a rule or regulation of |
|
the commission which involves moral turpitude, as distinguished |
|
from a technical violation of this code or of the rule; |
|
(4) the applicant failed to answer or falsely or |
|
incorrectly answered a question in an original or renewal |
|
application; |
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(5) the applicant is indebted to the state for any |
|
taxes, fees, or payment of penalty imposed by this code or by rule |
|
of the commission; |
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(6) the applicant is not of good moral character or the |
|
applicant's [his] reputation for being a peaceable, law-abiding |
|
citizen in the community where the applicant [he] resides is bad; |
|
(7) the applicant is a minor; |
|
(8) the place or manner in which the applicant may |
|
conduct the applicant's [his] business warrants the refusal of a |
|
permit based on the general welfare, health, peace, morals, and |
|
safety of the people and on the public sense of decency; |
|
(9) the applicant is in the habit of using alcoholic |
|
beverages to excess or is physically or mentally incapacitated; |
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(10) the applicant will sell liquor unlawfully in a |
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dry area or in a manner contrary to law or will knowingly permit an |
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agent, servant, or employee to do so; |
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(11) the applicant is not a United States citizen [or
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has not been a citizen of Texas for a period of one year immediately
|
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preceding the filing of his application], unless the applicant [he] |
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was issued a permit or renewal permit on or before September 1, |
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1948, and has at some time been a United States citizen; |
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(12) the applicant does not provide an adequate |
|
building available at the address for which the permit is sought |
|
before conducting any activity authorized by the permit; |
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(13) the applicant is residentially domiciled with a |
|
person whose permit or license has been cancelled for cause within |
|
the 12 months immediately preceding the date of the applicant's |
|
[his] present application; |
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(14) the applicant has failed or refused to furnish a |
|
true copy of the applicant's [his] application to the commission's |
|
district office in the district in which the premises for which the |
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permit is sought are located; or |
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(15) during the six months immediately preceding the |
|
filing of the application the premises for which the permit is |
|
sought have been operated, used, or frequented for a purpose or in a |
|
manner that is lewd, immoral, or offensive to public decency. |
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SECTION 11. Section 11.61(b), Alcoholic Beverage Code, is |
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amended to read as follows: |
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(b) The commission or administrator may suspend for not more |
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than 60 days or cancel an original or renewal permit if it is found, |
|
after notice and hearing, that any of the following is true: |
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(1) the permittee has been finally convicted of a |
|
violation of this code; |
|
(2) the permittee violated a provision of this code or |
|
a rule of the commission; |
|
(3) the permittee was finally convicted of a felony |
|
while holding an original or renewal permit; |
|
(4) the permittee made a false or misleading statement |
|
in connection with the permittee's [his] original or renewal |
|
application, either in the formal application itself or in any |
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other written instrument relating to the application submitted to |
|
the commission, its officers, or employees; |
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(5) the permittee is indebted to the state for taxes, |
|
fees, or payment of penalties imposed by this code, by a rule of the |
|
commission, or by Chapter 183, Tax Code; |
|
(6) the permittee is not of good moral character or the |
|
permittee's [his] reputation for being a peaceable and law-abiding |
|
citizen in the community where the permittee [he] resides is bad; |
|
(7) the place or manner in which the permittee |
|
conducts the permittee's [his] business warrants the cancellation |
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or suspension of the permit based on the general welfare, health, |
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peace, morals, and safety of the people and on the public sense of |
|
decency; |
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(8) the permittee is not maintaining an acceptable |
|
bond; |
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(9) the permittee maintains a noisy, lewd, disorderly, |
|
or unsanitary establishment or has supplied impure or otherwise |
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deleterious beverages; |
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(10) the permittee is insolvent or mentally or |
|
physically unable to carry on the management of the permittee's |
|
[his] establishment; |
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(11) the permittee is in the habit of using alcoholic |
|
beverages to excess; |
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(12) the permittee knowingly misrepresented to a |
|
customer or the public any liquor sold by the permittee [him]; |
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(13) the permittee was intoxicated on the licensed |
|
premises; |
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(14) the permittee sold or delivered an alcoholic |
|
beverage to an intoxicated person; |
|
(15) the permittee possessed on the licensed premises |
|
an alcoholic beverage that the permittee [he] was not authorized |
|
[by his permit] to purchase and sell; |
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(16) a package store or wine only package store |
|
permittee transported or shipped liquor, or caused it to be |
|
transported or shipped, into a dry state or a dry area within this |
|
state; |
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(17) the permittee is residentially domiciled with a |
|
person who has a financial interest in an establishment engaged in |
|
the business of selling beer at retail, other than a mixed beverage |
|
establishment, except as authorized by Section 22.06, 24.05, or |
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102.05 [of this code]; |
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(18) the permittee is residentially domiciled with a |
|
person whose permit or license was cancelled for cause within the |
|
12-month period preceding the permittee's [his] own application; |
|
(19) the permittee is not a citizen of the United |
|
States [or has not been a citizen of Texas for a period of one year
|
|
immediately preceding the filing of his application], unless the |
|
permittee [he] was issued an original or renewal permit on or before |
|
September 1, 1948, and has been a United States citizen at some |
|
time; |
|
(20) the permittee permitted a person to open a |
|
container of alcoholic beverage or possess an open container of |
|
alcoholic beverage on the licensed premises unless a mixed beverage |
|
permit has been issued for the premises; |
|
(21) the permittee failed to promptly report to the |
|
commission a breach of the peace occurring on the permittee's |
|
licensed premises; |
|
(22) the permittee consumed an alcoholic beverage or |
|
permitted one to be consumed on the licensed premises at a time when |
|
the consumption of alcoholic beverages is prohibited by this code; |
|
or |
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(23) the permittee sold, served, or delivered an |
|
alcoholic beverage at a time when its sale is prohibited. |
|
SECTION 12. 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 |
|
commission or administrator may suspend or revoke the permit of a |
|
person who is represented by the holder of an agent's permit as |
|
described by Section 35.01 or a manufacturer's agent's permit as |
|
described by Section 36.01 or otherwise discipline the person based |
|
on an act or omission of the holder of an agent's or manufacturer's |
|
agent's permit only if an individual employed by the person in a |
|
supervisory position: |
|
(1) was directly involved in the act or omission of the |
|
holder of an agent's or manufacturer's agent's permit; |
|
(2) had notice or knowledge of the act or omission; or |
|
(3) failed to take reasonable steps to prevent the act |
|
or omission. |
|
SECTION 13. Section 24.01(c), Alcoholic Beverage Code, is |
|
amended to read as follows: |
|
(c) The qualifications for a wine only package store permit |
|
whose premises is in a wet area permitting the legal sale of wine |
|
for off-premises consumption only as determined by an election held |
|
under Section 251.19 are the same as the qualifications for a permit |
|
issued under Chapter 26 [of this code, including the citizenship
|
|
requirements prescribed by Section 6.03]. |
|
SECTION 14. Section 26.01(a), Alcoholic Beverage Code, is |
|
amended to read as follows: |
|
(a) The holder of a wine and beer retailer's off-premise |
|
permit may sell for off-premises consumption only, in unbroken |
|
original containers, but not for resale, wine, beer, and malt |
|
liquors containing alcohol in excess of one-half of one percent by |
|
volume but not more than 17 percent by volume. |
|
SECTION 15. Section 28.13(e), Alcoholic Beverage Code, is |
|
amended to read as follows: |
|
(e) The provisions of Section 109.53 that relate to |
|
citizenship [residency] requirements and compliance with Texas |
|
laws of incorporation: |
|
(1) do not apply to the holders of a mixed beverage |
|
permit under Subsection (a); and |
|
(2) do apply to the holder of a mixed beverage permit |
|
under Subsection (a-1). |
|
SECTION 16. Chapter 35, Alcoholic Beverage Code, is amended |
|
by adding Section 35.08 to read as follows: |
|
Sec. 35.08. GRACE PERIOD. A person may engage in the |
|
activities specified in Section 35.01 for an initial grace period |
|
of five days during which the person shall procure an agent's permit |
|
from the commission. |
|
SECTION 17. Chapter 36, Alcoholic Beverage Code, is amended |
|
by adding Section 36.09 to read as follows: |
|
Sec. 36.09. GRACE PERIOD. A person may engage in the |
|
activities specified in Section 36.01 for an initial grace period |
|
of five days during which the person shall procure a manufacturer's |
|
agent's permit from the commission. |
|
SECTION 18. Section 51.09, Alcoholic Beverage Code, is |
|
amended to read as follows: |
|
Sec. 51.09. COIN-OPERATED MACHINES PROHIBITED. Except as |
|
provided by Section 11.14, nothing [Nothing] in this chapter shall |
|
be construed as authorizing nor may the commission or administrator |
|
authorize the sale of any alcoholic beverage from a coin-operated |
|
machine or similar device operated by the consumer. |
|
SECTION 19. Section 61.38, Alcoholic Beverage Code, is |
|
amended to read as follows: |
|
Sec. 61.38. NOTICE OF APPLICATION. (a) Every original |
|
applicant [When an application] for a license to manufacture, [or] |
|
distribute, or [beer is filed, the county clerk shall post at the
|
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courthouse door a written notice containing the substance of the
|
|
application and the date set for hearing.
|
|
[(b)
When an original application to sell beer at retail at
|
|
a location previously licensed is filed, the county clerk shall
|
|
post at the courthouse door a written notice containing the
|
|
substance of the application and the date set for hearing.
|
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[(c) When an original application to] sell beer at retail |
|
shall give notice of the application by publication at the |
|
applicant's own expense in [at a location not previously licensed
|
|
is filed, the county clerk shall publish notice for] two |
|
consecutive issues of [in] a newspaper of general circulation |
|
published in the city or town in which the applicant's place of |
|
business is [to be] located. If no newspaper [of general
|
|
circulation] is published in that city or town, the notice must |
|
[shall] be published in a newspaper of general circulation |
|
published in the county where the applicant's business is [to be] |
|
located. If no newspaper [of general circulation] is published in |
|
that county, the notice must [shall] be published in a qualified |
|
newspaper [which is] published in the closest neighboring county |
|
and [is] circulated in the county where the applicant's business is |
|
located [license is sought]. |
|
(b) The notice must [shall] be printed in 10-point boldface |
|
type and must include: |
|
(1) [shall set forth] the type of license applied for; |
|
(2) the exact location of the business for which the |
|
license is sought; |
|
(3) the name of each [the] owner of the business and, |
|
if the business is operated under an assumed name, [or owners;] the |
|
trade name together with the name of each owner[, if operating under
|
|
an assumed name]; and |
|
(4) if [in] the [case of a corporate] applicant is a |
|
corporation, the names and titles of all officers [of the
|
|
corporation]. |
|
(c) An applicant for a renewal license is not required to |
|
publish notice. [At the time the application is filed, the
|
|
applicant shall deposit with the clerk the cost of publishing
|
|
notice, which the clerk shall use to pay for the publication.] |
|
SECTION 20. Section 61.42(a), Alcoholic Beverage Code, is |
|
amended to read as follows: |
|
(a) The county judge shall refuse to approve an application |
|
for a license as a distributor or retailer if the county judge [he] |
|
has reasonable grounds to believe and finds that: |
|
(1) the applicant is a minor; |
|
(2) the applicant is indebted to the state for any |
|
taxes, fees, or penalties imposed by this code or by rule of the |
|
commission; |
|
(3) the place or manner in which the applicant for a |
|
retail dealer's license may conduct the applicant's [his] business |
|
warrants a refusal of a license based on the general welfare, |
|
health, peace, morals, safety, and sense of decency of the people; |
|
(4) the applicant is in the habit of using alcoholic |
|
beverages to excess or is mentally or physically incompetent; |
|
(5) the applicant is not a United States citizen [or
|
|
has not been a citizen of Texas for a period of one year immediately
|
|
preceding the filing of his application], unless the applicant [he] |
|
was issued an original or renewal license on or before September 1, |
|
1948; |
|
(6) the applicant was finally convicted of a felony |
|
during the five years immediately preceding the filing of the |
|
applicant's [his] application; |
|
(7) the applicant is not of good moral character or the |
|
applicant's [his] reputation for being a peaceable, law-abiding |
|
citizen in the community where the applicant [he] resides is bad; or |
|
(8) as to a corporation, it is not incorporated under |
|
the laws of this state, or at least 51 percent of the corporate |
|
stock is not owned at all times by persons who individually are |
|
qualified to obtain a license, except that this subdivision does |
|
not apply to a holder of any renewal of a distributor's license |
|
which was in effect on January 1, 1953, or to an applicant for a beer |
|
retailer's on-premise license for a railway car. |
|
SECTION 21. Section 102.07(g), Alcoholic Beverage Code, is |
|
amended to read as follows: |
|
(g) Subsection (a) does not prohibit a permittee covered |
|
under Subsection (a) from prearranging or preannouncing a |
|
promotional activity otherwise permitted by this code with a |
|
retailer about a promotional activity to be held on the retailer's |
|
premises. [A holder of a wholesaler's or class B wholesaler's permit
|
|
may prearrange a promotional activity only for distilled spirits or
|
|
wine.] Notwithstanding any other provision, a permittee may: |
|
(1) preannounce a promotion to a consumer; or |
|
(2) preannounce the purchase of wine, [or] distilled |
|
spirits, ale, or malt liquor to a consumer. |
|
SECTION 22. Section 102.15, Alcoholic Beverage Code, is |
|
amended to read as follows: |
|
Sec. 102.15. MANUFACTURER OR DISTRIBUTOR: PROHIBITED |
|
DEALINGS WITH RETAILER. (a) Except as provided by Subsection (b), |
|
no [No] manufacturer or distributor directly or indirectly, or |
|
through a subsidiary, affiliate, agent, employee, officer, |
|
director, or firm member, may: |
|
(1) furnish, give, or lend any money or other thing of |
|
value to a person engaged or about to be engaged in selling brewery |
|
products for on-premises or off-premises consumption, or give the |
|
person any money or thing of value for his use, benefit, or relief; |
|
or |
|
(2) guarantee the repayment of a loan or the |
|
fulfillment of a financial obligation of a person engaged in or |
|
about to be engaged in selling beer at retail. |
|
(b) Subsection (a) does not prohibit a manufacturer or |
|
distributor from prearranging or preannouncing a promotional |
|
activity otherwise permitted by this code with a retailer about a |
|
promotional activity to be held on the retailer's premises. |
|
Notwithstanding any other provision, a manufacturer or distributor |
|
may: |
|
(1) preannounce a promotion to a consumer; or |
|
(2) preannounce the purchase of beer to a consumer. |
|
SECTION 23. Section 104.04, Alcoholic Beverage Code, is |
|
amended to read as follows: |
|
Sec. 104.04. DRAFT MALT BEVERAGE [BEER] DISPENSER: SIGN |
|
REQUIRED. No retail dealer may dispense draft beer, malt liquor, or |
|
ale unless each faucet or other dispensing apparatus is equipped |
|
with a sign clearly indicating the name or brand of the product |
|
being dispensed through the faucet or apparatus. The sign must be |
|
in full sight of the purchaser, and the letters on it must be |
|
legible. |
|
SECTION 24. Section 106.09(d), Alcoholic Beverage Code, is |
|
amended to read as follows: |
|
(d) The fact that a person is 18, 19, or 20 years of age is |
|
not a ground for refusal of an original or renewal permit or license |
|
issued under Chapter 35, 36, or 73 [of this code], provided that |
|
such a person to whom a permit or license is issued may carry out the |
|
activities authorized by those chapters only while in the actual |
|
course and scope of the person's employment. |
|
SECTION 25. Section 108.01(a), Alcoholic Beverage Code, is |
|
amended to read as follows: |
|
(a) No manufacturer or distributor directly or indirectly, |
|
or through a subsidiary, affiliate, agent, employee, officer, |
|
director, or firm member, may publish, disseminate, or cause to be |
|
published or disseminated by any medium enumerated in Subsection |
|
(b) [of this section] an advertisement of a brewery product that: |
|
(1) causes or is reasonably calculated to cause |
|
deception of the consumer with respect to the product advertised; |
|
(2) directly or by ambiguity, omission, or inference |
|
tends to create a misleading impression; |
|
(3) is untrue in any particular; |
|
(4) [refers to the alcohol content of the product;
|
|
[(5)] disparages a competitor's product; or |
|
(5) [(6)] is obscene or indecent. |
|
SECTION 26. Section 108.09, Alcoholic Beverage Code, is |
|
amended to read as follows: |
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Sec. 108.09. [CERTAIN] ADVERTISING WHERE PRODUCT MAY BE |
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PURCHASED [BY WINERY]. (a) Notwithstanding [Section 102.07 or] |
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any other provision of this code, a member of the manufacturing or |
|
wholesale tier [winery] may include information in its [the
|
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winery's] advertising that informs the public of where its [the
|
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winery's] products may be purchased. |
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(b) A member of the manufacturing tier [winery] may not give |
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compensation to or receive compensation from a licensed or |
|
permitted member of the wholesale or retail tier for advertising |
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described by Subsection (a). A member of the wholesale tier may not |
|
give compensation to or receive compensation from a licensed or |
|
permitted member of the manufacturing or retail tier for |
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advertising described by Subsection (a). |
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SECTION 27. Section 109.53, Alcoholic Beverage Code, is |
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amended to read as follows: |
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Sec. 109.53. CITIZENSHIP OF PERMITTEE; CONTROL OF |
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PREMISES; SUBTERFUGE OWNERSHIP; ETC. [No person who has not been
|
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a citizen of Texas for a period of one year immediately preceding
|
|
the filing of his application therefor shall be eligible to receive
|
|
a permit under this code.] No permit except a brewer's permit, and |
|
such other licenses and permits as are necessary to the operation of |
|
a brewer's permit, shall be issued to a corporation unless the same |
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be incorporated under the laws of the state and unless at least 51 |
|
percent of the stock of the corporation is owned at all times by |
|
citizens [who have resided within the state for a period of one year
|
|
and] who possess the qualifications required of other applicants |
|
for permits; provided, however, that the restrictions contained in |
|
the preceding clause shall not apply to domestic or foreign |
|
corporations that were engaged in the legal alcoholic beverage |
|
business in this state under charter or permit prior to August 24, |
|
1935. Partnerships, firms, and associations applying for permits |
|
shall be composed wholly of citizens possessing the qualifications |
|
above enumerated. Any corporation (except carrier) holding a |
|
permit under this code which shall violate any provisions hereof, |
|
or any rule or regulation promulgated hereunder, shall be subject |
|
to forfeiture of its charter and it shall be the duty of the |
|
attorney general, when any such violation is called to the attorney |
|
general's [his] attention, to file a suit for such cancellation in a |
|
district court of Travis County. Such provisions of this section as |
|
[require Texas citizenship or] require incorporation in Texas shall |
|
not apply to the holders of agent's, industrial, and carrier's |
|
permits. No person shall sell, warehouse, store or solicit orders |
|
for any liquor in any wet area without first having procured a |
|
permit of the class required for such privilege, or consent to the |
|
use of or allow the person's [his] permit to be displayed by or used |
|
by any person other than the one to whom the permit was issued. It |
|
is the intent of the legislature to prevent subterfuge ownership of |
|
or unlawful use of a permit or the premises covered by such permit; |
|
and all provisions of this code shall be liberally construed to |
|
carry out this intent, and it shall be the duty of the commission or |
|
the administrator to provide strict adherence to the general policy |
|
of preventing subterfuge ownership and related practices |
|
hereinafter declared to constitute unlawful trade practices. No |
|
applicant for a package store permit or a renewal thereof shall have |
|
authority to designate as "premise" and the commission or |
|
administrator shall not approve a lesser area than that |
|
specifically defined as "premise" in Section 11.49(a) [of this
|
|
code]. Every permittee shall have and maintain exclusive occupancy |
|
and control of the entire licensed premises in every phase of the |
|
storage, distribution, possession, and transportation and sale of |
|
all alcoholic beverages purchased, stored or sold on the licensed |
|
premises. Any device, scheme or plan which surrenders control of |
|
the employees, premises or business of the permittee to persons |
|
other than the permittee shall be unlawful. No minor, unless |
|
accompanied by the minor's [his or her] parent, guardian, adult |
|
husband or adult wife, or other adult person into whose custody the |
|
minor [he or she] has been committed for the time by some court, |
|
shall knowingly be allowed on the premises of the holder of a |
|
package store permit. The prohibition against the presence of a |
|
minor on the premises of the holder of a package store permit does |
|
not apply to the presence on the premises of the holder or a person |
|
lawfully employed by the holder. Any package store permittee who |
|
shall be injured in the permittee's [his] business or property by |
|
another package store permittee by reason of anything prohibited in |
|
this section may institute suit in any district court in the county |
|
wherein the violation is alleged to have occurred to require |
|
enforcement by injunctive procedures and/or to recover threefold |
|
the damages the permittee [by him] sustained; plus costs of suit |
|
including a reasonable attorney's fee. The provisions prohibiting |
|
the licensing of only a portion of a building as premise for a |
|
package store permit shall not apply to hotels as already defined in |
|
this code. |
|
SECTION 28. Section 201.41, Alcoholic Beverage Code, is |
|
amended to read as follows: |
|
Sec. 201.41. FIRST SALE. In this subchapter, "first sale" |
|
means: |
|
(1) the first actual sale of ale or malt liquor by: |
|
(A) the holder of a wholesaler's, general class B |
|
wholesaler's, or local class B wholesaler's permit to: |
|
(i) [(A)] a permittee authorized to sell to |
|
ultimate consumers; |
|
(ii) [(B)] a local distributor permittee; |
|
or |
|
(iii) [(C)] a private club registration |
|
permittee; or |
|
(B) a brewpub licensee to a consumer or a |
|
permittee or licensee authorized to buy ale or malt liquor from the |
|
brewpub; or |
|
(2) the importation of ale or malt liquor under |
|
Section 107.07 [of this code]. |
|
SECTION 29. Section 203.02, Alcoholic Beverage Code, is |
|
amended to read as follows: |
|
Sec. 203.02. "FIRST SALE". In this chapter, "first sale" |
|
means: |
|
(1) the first actual sale of beer: |
|
(A) by the holder of a distributor's license or |
|
by the holder of a manufacturer's license acting under the |
|
authority of Section 62.12 [of this code], to: |
|
(i) [(A)] a permittee or licensee |
|
authorized to sell to ultimate consumers; |
|
(ii) [(B)] a local distributor permittee; |
|
or |
|
(iii) [(C)] a private club registration |
|
permittee; or |
|
(B) by a brewpub licensee to a consumer or a |
|
permittee or licensee authorized to buy beer from the brewpub; or |
|
(2) the importation of beer under Section 107.07 [of
|
|
this code]. |
|
SECTION 30. The following provisions of the Alcoholic |
|
Beverage Code are repealed: |
|
(1) Section 1.08, as added by Chapter 437 (S.B. 55), |
|
Acts of the 73rd Legislature, Regular Session, 1993; |
|
(2) Section 1.08, as added by Chapter 934 (H.B. 1445), |
|
Acts of the 73rd Legislature, Regular Session, 1993; |
|
(3) Sections 6.03(a) and (k); |
|
(4) Section 31.05; |
|
(5) Section 109.531; and |
|
(6) Section 1.07(b). |
|
SECTION 31. This Act takes effect September 1, 2013. |