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A BILL TO BE ENTITLED
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AN ACT
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relating to the sale and distribution of certain alcoholic |
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beverages. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 19.03, Alcoholic Beverage Code, is |
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amended to read as follows: |
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Sec. 19.03. PROMOTIONAL ACTIVITIES. The holder of a |
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wholesaler's permit or the permit holder's [his] agent may enter the |
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licensed premises of a mixed beverage permittee or private club |
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registration permittee to determine the brands offered for sale and |
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suggest or promote the sale of other brands, to the extent |
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authorized by Section 102.07 [of this code]. The holder or the |
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holder's [his] agent may [not] accept a direct order from a mixed |
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beverage permittee or a private club registration permittee |
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[except] for distilled spirits, wine, or malt liquor. |
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SECTION 2. Section 19.04, Alcoholic Beverage Code, is |
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amended to read as follows: |
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Sec. 19.04. MINIATURE CONTAINERS. In addition to other |
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authorized containers, a wholesaler's permittee may import, sell, |
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offer for sale, and possess for the purpose of resale distilled |
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spirits, wine, and vinous liquors in containers of not less than one |
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ounce nor more than two ounces. Liquor in containers of that size |
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may be sold to: |
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(1) package store permittees for resale to airline |
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beverage permittees, as provided in Section 34.05 [of this code]; |
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[and] |
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(2) local distributor's permittees; and |
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(3) airline beverage permittees. |
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SECTION 3. Chapter 19, Alcoholic Beverage Code, is amended |
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by adding Sections 19.06 and 19.07 to read as follows: |
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Sec. 19.06. SALE OF DISTILLED SPIRITS TO HOLDERS OF MIXED |
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BEVERAGE, AIRLINE BEVERAGE, AND PRIVATE CLUB REGISTRATION PERMITS. |
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(a) Notwithstanding any other provision of this code, the holder of |
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a wholesaler's permit may sell distilled spirits to the holder of a |
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mixed beverage, airline beverage, or private club registration |
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permit. |
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(b) Notwithstanding Section 102.07(a)(5) or any other |
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provision of this code, the holder of a wholesaler's permit may rent |
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or sell to the holder of a mixed beverage or private club |
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registration permit any equipment, fixtures, or supplies used in |
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the selling or dispensing of distilled spirits. |
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Sec. 19.07. MAY DELIVER DISTILLED SPIRITS. Notwithstanding |
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any other provision of this code, the holder of both a wholesaler's |
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permit and a private carrier permit may transport and deliver |
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distilled spirits to the premises of a holder of a mixed beverage or |
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airline beverage permit or the premises of a holder of a private |
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club registration permit located in an area in which the sale of |
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distilled spirits is legal at any time at which the wholesaler is |
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authorized to deliver liquor under Section 105.02. |
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SECTION 4. Sections 28.07(a) and (b), Alcoholic Beverage |
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Code, are amended to read as follows: |
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(a) All distilled spirits sold by a holder of a mixed |
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beverage permit must be purchased from a holder of a local |
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distributor's or wholesaler's permit [in the county in which the
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premises of a mixed beverage permittee is located]. |
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(b) A [If a] holder of a mixed beverage permit [is in a
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county where there are no local distributors, he may purchase
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alcoholic beverages in the nearest county where local distributors
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are located and] may transport the alcoholic beverages from a local |
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distributor's or wholesaler's premises [them] to the mixed beverage |
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permit holder's [his] premises provided that the mixed beverage |
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permit holder [he] is also a holder of a beverage cartage permit. |
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The transporter may acquire the alcoholic beverages only on the |
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written order of the holder of the mixed beverage permit or |
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wholesaler's permit. The alcoholic beverages must be accompanied |
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by a written statement furnished and signed by the local |
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distributor or wholesaler showing the name and address of the |
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consignee and consignor, the origin and destination of the |
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shipment, and any other information required by the commission or |
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administrator. The person in charge of the alcoholic beverages |
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while they are being transported shall exhibit the written |
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statement to any representative of the commission or any peace |
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officer on demand, and the statement shall be accepted by the |
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representative or officer as prima facie evidence of the lawful |
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right to transport the alcoholic beverages. |
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SECTION 5. Sections 28.15(b) and (c), Alcoholic Beverage |
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Code, are amended to read as follows: |
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(b) A holder of a local distributor's or wholesaler's permit |
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may not knowingly sell, ship, or deliver distilled spirits in any |
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container that does not bear a serially numbered identification |
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stamp issued by the commission or other identification approved by |
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the commission. |
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(c) Identification stamps may be issued only to a holder of |
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a local distributor's or wholesaler's permit who shall affix the |
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stamps as prescribed by the commission or administrator. |
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SECTION 6. Section 30.04, Alcoholic Beverage Code, is |
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amended to read as follows: |
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Sec. 30.04. PURCHASE OF DISTILLED SPIRITS. Distilled |
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spirits sold under a daily temporary mixed beverage permit must be |
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purchased from the holder of a local distributor's or wholesaler's |
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permit. |
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SECTION 7. Sections 32.08(a) and (b), Alcoholic Beverage |
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Code, are amended to read as follows: |
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(a) All distilled spirits, wine, and vinous liquor sold or |
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served by a club holding a private club registration permit must be |
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purchased in this state from a holder of a local distributor's or |
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wholesaler's permit. |
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(b) If the club holding the permit [is in an area where there
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are no local distributors, alcoholic beverages may be purchased in
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any area where local distributors are located and may be
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transported to the club premises if the club] also holds a beverage |
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cartage permit, the club may transport the alcoholic beverages from |
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a local distributor's premises or a wholesaler's premises to the |
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club premises. The transporter may acquire the alcoholic beverages |
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only on the written order of an officer or manager of the club |
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holding the permit or the holder of the wholesaler's permit. The |
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alcoholic beverages must be accompanied by a written statement |
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furnished and signed by the local distributor or wholesaler showing |
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the name and address of the consignee and consignor, the origin and |
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destination of the shipment, and any other information required by |
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the commission or administrator. The person in charge of the |
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alcoholic beverages while they are being transported shall exhibit |
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the written statement to any representative of the commission or |
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any peace officer on demand, and the statement shall be accepted by |
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the representative or officer as prima facie evidence of the lawful |
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right to transport the alcoholic beverages. |
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SECTION 8. Sections 32.20(b) and (c), Alcoholic Beverage |
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Code, are amended to read as follows: |
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(b) A holder of a local distributor's or wholesaler's permit |
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may not knowingly sell, ship, or deliver distilled spirits in any |
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container that does not bear a serially numbered identification |
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stamp issued by the commission or other identification approved by |
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the commission. |
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(c) Identification stamps may be issued only to a holder of |
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a local distributor's or wholesaler's permit who shall affix the |
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stamps as prescribed by the commission or administrator. |
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SECTION 9. Section 33.24, Alcoholic Beverage Code, is |
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amended to read as follows: |
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Sec. 33.24. PURCHASE OF DISTILLED SPIRITS. Distilled |
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spirits sold under a daily temporary private club permit must be |
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purchased from the holder of a local distributor's or wholesaler's |
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permit. |
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SECTION 10. Section 34.05, Alcoholic Beverage Code, is |
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amended to read as follows: |
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Sec. 34.05. SALE OF LIQUOR TO PERMITTEE. (a) Only the |
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holder of a package store or wholesaler's permit may sell liquor to |
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the holder of an airline beverage permit. For the purposes of this |
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code, a sale of liquor to a holder of an airline beverage permit |
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shall be considered as a sale at retail to a consumer. |
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(b) The holder of a package store or wholesaler's permit may |
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sell liquor in any size container authorized by Section 101.46 [of
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this code] to holders of an airline beverage permit. A holder of a |
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package store or wholesaler's permit[, and] may purchase liquor in |
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any size container for resale from the holders of a wholesaler's |
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permit. A holder of a wholesaler's permit may import, sell, offer |
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for sale, or possess for resale to package store or wholesaler's |
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permittees to resell to holders of airline beverage permittees |
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liquor in any authorized size containers. |
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SECTION 11. Section 102.04(b), Alcoholic Beverage Code, is |
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amended to read as follows: |
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(b) Except as permitted in Sections 19.06 and [Section] |
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23.01 [of this code], no person to whom this section applies may: |
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(1) have a direct or indirect interest in the |
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business, premises, equipment, or fixtures of a mixed beverage |
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establishment; |
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(2) furnish or lend any money, service, or other thing |
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of value to a mixed beverage permittee or guarantee the fulfillment |
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of a financial obligation of a mixed beverage permittee; |
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(3) enter or offer to enter into an agreement, |
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condition, or system which in effect amounts to the shipment and |
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delivery of alcoholic beverages on consignment; |
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(4) furnish, rent, lend, or sell to a mixed beverage |
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permittee any equipment, fixtures, or supplies used in the selling |
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or dispensing of alcoholic beverages; |
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(5) pay or make an allowance to a mixed beverage |
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permittee for a special advertising or distributing service, or |
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allow the permittee an excessive discount; |
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(6) offer to a mixed beverage permittee a prize, |
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premium, or other inducement, except as permitted by Section |
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102.07(b) [of this code]; or |
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(7) advertise in the convention program or sponsor a |
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function at a meeting or convention or a trade association of |
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holders of mixed beverage permits, unless the trade association was |
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incorporated before 1950. |
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SECTION 12. Section 201.02, Alcoholic Beverage Code, is |
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amended to read as follows: |
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Sec. 201.02. "FIRST SALE" DEFINED. In this subchapter, |
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"first sale": |
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(1) as applied to liquor imported into this state by |
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the holder of a wholesaler's permit authorizing importation, means |
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the first actual sale by the permittee to the holder of any other |
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permit authorizing the retail sale of the beverage, including the |
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holder of a private club registration permit, or to the holder of a |
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local distributor's permit; and |
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(2) as applied to all other liquor, means the first |
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sale, possession, distribution, or use in this state, except that |
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the term does not include the first sale by the holder of a winery |
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permit to another holder of a winery permit or the holder of a |
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wholesaler's permit. |
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SECTION 13. Sections 28.07(c) and 32.08(c), Alcoholic |
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Beverage Code, are repealed. |
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SECTION 14. The change in law made by this Act applies only |
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to conduct that occurs on or after the effective date of this Act. |
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Conduct that occurs before the effective date of this Act is |
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governed by the law applicable to the conduct immediately before |
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the effective date of this Act, and that law is continued in effect |
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for that purpose. |
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SECTION 15. This Act takes effect September 1, 2013. |