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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of certain alcoholic beverage licenses |
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and permits. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 61.71(a)(25), Alcoholic Beverage Code, |
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is amended to read as follows: |
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(a) The commission or administrator may suspend for not more |
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than 60 days or cancel an original or renewal retail dealer's on- or |
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off-premise license if it is found, after notice and hearing, that |
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the licensee: |
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(25) occupied premises in which the holder of a |
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manufacturer's or distributor's license had an interest of any |
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kind, except as described by Section 102.03(c); |
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SECTION 2. Section 102.03, Alcoholic Beverage Code, is |
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amended by adding subsection (c) to read as follows: |
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Sec. 102.03. PERSONS BARRED FROM INTEREST IN PREMISES OF |
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RETAIL LIQUOR OUTLET. |
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(c) Subsection (b) of this section does not prohibit the |
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holder of a non-resident seller's permit, direct shipper's permit, |
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winery permit or wine bottler's permit that has an interest |
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directly or indirectly, or through a subsidiary, affiliate, agent, |
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employee, officer, director, or firm member in a commercial real |
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estate development located within a municipality from leasing a |
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premise that is part of the commercial real estate development to |
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the holder of a package store permit, wine only package store |
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permit, or mixed beverage permit if the holder of the non-resident |
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seller's permit, direct shipper's permit, winery permit or wine |
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bottler's permit, either directly or indirectly, or through a |
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subsidiary, affiliate, agent, employee, officer, director, or firm |
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member: |
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(1) owns a minimum of 1,000,000 cumulative gross |
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square feet of commercial real estate contiguous to, adjacent to, |
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or within two square miles of the premises, or |
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(2) owns commercial real estate, comprising the |
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premises, that is within a 2 mile radius of a civic theater center, |
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symphony hall, opera hall, museum, athletic training facility, or |
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public entertainment facility as defined in Section 108.73(2). |
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SECTION 3. Section 102.04(b), Alcoholic Beverage Code, is |
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amended to read as follows: |
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Sec. 102.04. PERSONS BARRED FROM INTEREST IN MIXED BEVERAGE |
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BUSINESS. |
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(b) Except as permitted in Section 23.01 and Section |
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102.03(c) of this code, no person to whom this section applies may: |
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(1) have a direct or indirect interest in the business, premises, |
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equipment, or fixtures of a mixed beverage establishment; (2) |
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furnish or lend any money, service, or other thing of value to a |
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mixed beverage permittee or guarantee the fulfillment of a |
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financial obligation of a mixed beverage permittee; (3) enter or |
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offer to enter into an agreement, condition, or system which in |
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effect amounts to the shipment and delivery of alcoholic beverages |
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on consignment; (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; Texas Alcoholic Beverage Code |
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(2017) 135 (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; (6) offer to a mixed |
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beverage permittee a prize, premium, or other inducement, except as |
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permitted by Section 102.07 (b) of this code; or (7) advertise in |
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the convention program or sponsor a function at a meeting or |
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convention or a trade association of holders of mixed beverage |
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permits, unless the trade association was incorporated before 1950. |
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SECTION 4. Section 102.07(a)(1), Alcoholic Beverage Code, |
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is amended to read as follows: |
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(a) Except as provided in Subsections (b), (d), and (g), no |
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person who owns or has an interest in the business of a distiller, |
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brewer, rectifier, wholesaler, class B wholesaler, winery, or wine |
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bottler, nor the agent, servant, or employee of such a person, may: |
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(1) except as permitted by Section 102.03(c), own or |
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have a direct or indirect interest in the business, premises, |
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equipment, or fixtures of a retailer; |
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SECTION 5. This Act takes effect September 1, 2019. |