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A BILL TO BE ENTITLED
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AN ACT
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relating to food service requirements applicable to brewpubs under |
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the Alcoholic Beverage Code. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 25.13, Alcoholic Beverage Code, is |
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amended by amending Subsection (d) and adding Subsections (d-1) and |
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(f) to read as follows: |
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(d) A certificate issued under this section expires on the |
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expiration of the primary wine and beer retailer's permit. A |
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certificate may be canceled at any time if the commission finds that |
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the holder of the certificate is not operating primarily as a food |
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service establishment. For the purposes of this section, it shall |
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be presumed that a permittee is not primarily operating as a food |
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service establishment if: |
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(1) alcohol sales are in excess of 50 percent of the |
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gross receipts of the premises; or |
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(2) for the holder of a brewpub license located in a |
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municipality described by Subsection (f) who sells alcoholic |
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beverages manufactured only on the brewpub's premises, alcohol |
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sales for on-premises consumption are in excess of 50 percent of the |
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gross receipts of the premises. |
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(d-1) The commission may impose a fine not to exceed $5,000 |
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on the holder of a food and beverage certificate not operating as a |
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food service establishment and may, upon finding that the permittee |
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knowingly operated under a food and beverage certificate while not |
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complying with this section, cancel the permittee's wine and beer |
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retailer's permit. |
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(f) Subsection (d)(2) applies only to a brewpub located in a |
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municipality: |
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(1) that has a population of more than 220,000 and less |
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than 250,000; |
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(2) that is located in a county in which another |
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municipality that has a population of more than one million is |
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predominately located; and |
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(3) whose emergency medical services are administered |
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by a fire department. |
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SECTION 2. Section 69.16, Alcoholic Beverage Code, is |
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amended by amending Subsection (d) and adding Subsections (d-1) |
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and (f) to read as follows: |
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(d) A certificate issued under this section expires on the |
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|
expiration of the primary retail dealer's on-premise license. A |
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|
certificate may be canceled at any time if the commission finds that |
|
|
the holder of the certificate is not operating primarily as a food |
|
|
service establishment. For the purposes of this section, it shall |
|
|
be presumed that a permittee is not primarily operating as a food |
|
|
service establishment if: |
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|
(1) alcohol sales are in excess of 50 percent of the |
|
|
gross receipts of the premises; or |
|
|
(2) for the holder of a brewpub license located in a |
|
|
municipality described by Subsection (f) who sells alcoholic |
|
|
beverages manufactured only on the brewpub's premises, alcohol |
|
|
sales for on-premises consumption are in excess of 50 percent of the |
|
|
gross receipts of the premises. |
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|
(d-1) The commission may impose a fine not to exceed $5,000 |
|
|
on the holder of a food and beverage certificate not operating as a |
|
|
food service establishment and may, upon finding that the permittee |
|
|
knowingly operated under a food and beverage certificate while not |
|
|
complying with this section, cancel the licensee's retail dealer's |
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|
on-premise license. |
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|
(f) Subsection (d)(2) applies only to a brewpub located in a |
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municipality: |
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(1) that has a population of more than 220,000 and less |
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than 250,000; |
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(2) that is located in a county in which another |
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municipality that has a population of more than one million is |
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|
predominately located; and |
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|
(3) whose emergency medical services are administered |
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by a fire department. |
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SECTION 3. This Act takes effect September 1, 2015. |