| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the delivery of alcoholic beverages from the premises |
|
|
of a mixed beverage permittee. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 28.10(a), Alcoholic Beverage Code, is |
|
|
amended to read as follows: |
|
|
(a) Except as provided by this section or Sections [Section] |
|
|
28.01(b) and 28.1001, a mixed beverage permittee may not sell an |
|
|
alcoholic beverage to another mixed beverage permittee or to any |
|
|
other person except for consumption on the seller's licensed |
|
|
premises. |
|
|
SECTION 2. Chapter 28, Alcoholic Beverage Code, is amended |
|
|
by adding Section 28.1001 to read as follows: |
|
|
Sec. 28.1001. OFF-PREMISES DELIVERY OF ALCOHOLIC |
|
|
BEVERAGES. (a) Notwithstanding any other provision of this code, |
|
|
the holder of a mixed beverage permit may deliver, or have delivered |
|
|
by a third party, an alcoholic beverage from the permitted premises |
|
|
to an ultimate consumer located off-premises and in an area where |
|
|
the sale of the beverage is legal if: |
|
|
(1) the holder of the mixed beverage permit holds a |
|
|
food and beverage certificate for the permitted premises; |
|
|
(2) the delivery of the alcoholic beverage is made as |
|
|
part of the delivery of food prepared at the permitted premises; |
|
|
(3) the alcoholic beverage is delivered sealed in an |
|
|
original, single-serving container; and |
|
|
(4) the delivery is not made to: |
|
|
(A) a premises that is permitted or licensed |
|
|
under this code; or |
|
|
(B) a location where the possession or |
|
|
consumption of alcohol is prohibited by law. |
|
|
(b) An alcoholic beverage may be delivered under this |
|
|
section only by a person who is 21 years of age or older. |
|
|
(c) An alcoholic beverage may be delivered under this |
|
|
section only to a person who is 21 years of age or older after the |
|
|
person accepting the delivery: |
|
|
(1) presents valid proof of identity and age; and |
|
|
(2) personally signs a receipt acknowledging the |
|
|
delivery. |
|
|
(d) An alcoholic beverage may not be delivered under this |
|
|
section to any person other than: |
|
|
(1) the person who purchased the beverage; |
|
|
(2) a recipient designated in advance by the |
|
|
purchaser; or |
|
|
(3) a person at the delivery address who is 21 years of |
|
|
age or older. |
|
|
SECTION 3. This Act takes effect September 1, 2019. |