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A BILL TO BE ENTITLED
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AN ACT
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relating to the designation of a common area for on-premise |
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consumption by a holder of certain alcoholic beverage permits and |
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licenses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle C, Title 3, Alcoholic Beverage Code, is |
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amended by adding Chapter 82 to read as follows: |
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CHAPTER 82. MANUFACTURER'S COMMON TASTING AREA |
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Sec. 82.001. APPLICABILITY. This chapter applies only to a |
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person: |
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(1) who holds more than one type of permit or license |
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issued under Chapter 12, 14, 16, or 62; and |
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(2) two or more of whose permitted or licensed |
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premises are located at the same address or at contiguous addresses |
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that are under common ownership. |
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Sec. 82.002. DESIGNATION OF COMMON AREA. (a) |
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Notwithstanding any other law, a person to whom this chapter |
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applies may designate a common area where an alcoholic beverage may |
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be transferred from any of the permitted or licensed premises |
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located at the same address or a contiguous address under common |
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ownership and sold, dispensed, or sampled for on-premise |
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consumption under the same terms and conditions that apply to |
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selling, dispensing, or sampling that alcoholic beverage for |
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on-premise consumption at the transferring permitted or licensed |
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premises. The common area is not required to be located within an |
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area covered by a permit or license. |
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(b) An alcoholic beverage that is not produced at a |
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permitted or licensed premises where a designated common area is |
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located may not be taken out of the designated common area by a |
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customer. |
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Sec. 82.003. TRANSFER FROM INVENTORY; EXCISE TAX. (a) |
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Alcoholic beverages transferred from the inventory of a permit or |
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license into a designated common area described by Section 82.002 |
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must be removed from the inventory of the permit or license. The |
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transfer must be documented by an invoice or statement showing the |
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transfer date, quantity, container size, package, type, and brand |
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label. |
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(b) Alcoholic beverages transferred to the designated |
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common area are subject to excise tax and must be reported on the |
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appropriate monthly excise tax report filed with the commission for |
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the permit or license making the transfer. |
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(c) On a monthly basis, unopened excess inventory may be |
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transferred from the designated common area described by Section |
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82.002 back into the inventory of the permit or license from which |
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it was originally transferred. The transfer back to the inventory |
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of the originating permit or license must be documented by an |
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invoice or statement showing the transfer date, quantity, container |
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size, package, type, and brand label. The transfer of alcoholic |
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beverages from the common area back to the inventory of the |
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originating permit or license must be shown as a receipt on the |
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appropriate monthly excise tax report filed with the commission by |
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the permit or license. |
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Sec. 82.004. SEPARATE RECORDS. Recordkeeping for the |
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designated common area described by Section 82.002 must be kept |
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separate for each permit or license held at the same address or at a |
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contiguous address under common ownership. |
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Sec. 82.005. RULES. The commission may adopt rules |
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necessary to implement this section, including rules establishing a |
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procedure for designating a common area under Section 82.002. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2017. |