|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to product tastings of alcoholic beverages on certain |
|
permitted premises. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Chapter 14, Alcoholic Beverage Code, is amended |
|
by adding Section 14.07 to read as follows: |
|
Sec. 14.07. PRODUCT TASTINGS. (a) The holder of a |
|
distiller's and rectifier's permit or the agent or employee of the |
|
holder of a distiller's and rectifier's permit may: |
|
(1) conduct distilled spirits samplings, including |
|
product tastings of distilled spirits, on the premises of the |
|
holder of: |
|
(A) a package store permit; |
|
(B) a mixed beverage permit; or |
|
(C) a private club registration permit; and |
|
(2) open, touch, or pour distilled spirits, make a |
|
presentation, or answer questions at a distilled spirits sampling |
|
or product tasting. |
|
(b) The distilled spirits used for a distilled spirits |
|
sampling or product tasting under Subsection (a) may be provided |
|
from the distiller's and rectifier's permit holder's inventory if: |
|
(1) the distilled spirits are legally transported to |
|
the premises where the sampling or product tasting is to be |
|
conducted; |
|
(2) the distilled spirits are ordinarily offered for |
|
sale by the holder of the distiller's and rectifier's permit; |
|
(3) the holder of the distiller's and rectifier's |
|
permit pays the taxes owed under Chapter 183, Tax Code, on the |
|
distilled spirits used for the sampling or product tasting; and |
|
(4) except as provided by Subsection (d), the person |
|
who conducts the sampling or product tasting complies with the |
|
requirements of Section 52.01 for conducting a product tasting |
|
under that section. |
|
(c) Before an agent or employee of a holder of a distiller's |
|
and rectifier's permit conducts a distilled spirits sampling or |
|
product tasting under this section, the holder of the distiller's |
|
and rectifier's permit or the permit holder's agent or employee |
|
shall provide to the permit holder for the premises where the |
|
sampling or product tasting is to be conducted written notice that |
|
the agent or employee maintains a seller server certificate as |
|
defined by 16 T.A.C. Section 50.2. |
|
(d) To the extent of a conflict between this section and |
|
Section 52.01, this section controls. |
|
SECTION 2. Section 15.01, Alcoholic Beverage Code, is |
|
amended to read as follows: |
|
Sec. 15.01. AUTHORIZED ACTIVITIES. The holder of a |
|
distiller's agent's permit may: |
|
(1) represent the holder of a distiller's and |
|
rectifier's permit; |
|
(2) solicit and take orders from a holder of a |
|
wholesaler's permit for the sale of distilled spirits manufactured |
|
by the permit holder represented by the agent; and |
|
(3) conduct free distilled spirits tastings for |
|
consumers on the premises of the holder of a package store permit, |
|
mixed beverage permit, or private club registration permit. |
|
SECTION 3. Sections 22.10 and 22.11, Alcoholic Beverage |
|
Code, are amended to read as follows: |
|
Sec. 22.10. OPENING CONTAINERS PROHIBITED. Except as |
|
authorized under Section 14.07 or 52.01 [of this code], no person |
|
may break or open a container containing liquor or beer or possess |
|
an opened container of liquor or beer on the premises of a package |
|
store. |
|
Sec. 22.11. CONSUMPTION ON PREMISES PROHIBITED. Except as |
|
authorized under Section 14.07 or 52.01, no person may sell, |
|
barter, exchange, deliver, or give away any drink or drinks of |
|
alcoholic beverages from a container that has been opened or broken |
|
on the premises of a package store. |
|
SECTION 4. Sections 28.06(a) and (c), Alcoholic Beverage |
|
Code, are amended to read as follows: |
|
(a) Except as provided by Section 14.07, no [No] holder of a |
|
mixed beverage permit, nor any officer, agent, or employee of a |
|
holder, may possess or permit to be possessed on the premises for |
|
which the permit is issued any alcoholic beverage which is not |
|
covered by an invoice from the supplier from whom the alcoholic |
|
beverage was purchased. |
|
(c) Except as provided by Section 14.07, no [No] holder of a |
|
mixed beverage permit, nor any officer, agent, or employee of a |
|
holder, may knowingly possess or permit to be possessed on the |
|
licensed premises any alcoholic beverage which is not covered by an |
|
invoice from the supplier from whom the alcoholic beverage was |
|
purchased. |
|
SECTION 5. Section 28.15(a), Alcoholic Beverage Code, is |
|
amended to read as follows: |
|
(a) Except as provided by Section 14.07, a [A] mixed |
|
beverage permittee may not possess or permit a person to possess on |
|
the premises distilled spirits in any container that does not bear a |
|
serially numbered identification stamp issued by the commission or |
|
other identification approved by the commission. |
|
SECTION 6. Section 32.15, Alcoholic Beverage Code, is |
|
amended to read as follows: |
|
Sec. 32.15. REMOVAL OF BEVERAGES FROM PREMISES. A private |
|
club, irrespective of location or system of storage of alcoholic |
|
beverages, may not permit any person to remove any alcoholic |
|
beverages from the club premises, except as authorized by |
|
[Subsection (b) of] Section 28.10(b) or for the purpose of removing |
|
unused inventory the person brought onto the premises under Section |
|
14.07(b) [28.10 of this code]. |
|
SECTION 7. Section 32.20(a), Alcoholic Beverage Code, is |
|
amended to read as follows: |
|
(a) Except as provided by Section 14.07, a [A] private club |
|
registration permittee may not possess or permit a person to |
|
possess on the premises distilled spirits in any container that |
|
does not bear a serially numbered identification stamp issued by |
|
the commission or other identification approved by the commission. |
|
SECTION 8. Sections 52.01(b) and (c), Alcoholic Beverage |
|
Code, are repealed. |
|
SECTION 9. This Act takes effect September 1, 2017. |