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A BILL TO BE ENTITLED
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AN ACT
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relating to the purchase and sale of vintage distilled spirits by |
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the holder of a package store permit or local distributor's permit. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1.04, Alcoholic Beverage Code, is |
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amended by adding Subdivisions (30) and (31) to read as follows: |
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(30) "Vintage distilled spirits" means distilled |
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spirits that: |
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(A) are in the original manufacturer's sealed |
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container, including a bottle or case of bottles; |
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(B) are not owned by the holder of a distiller's |
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and rectifier's permit or the holder of a nonresident seller's |
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permit; |
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(C) are not otherwise available for purchase from |
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the holder of a wholesaler's permit; |
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(D) have not been offered for sale by the holder |
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of a wholesaler's permit within the preceding five years; and |
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(E) are possessed by a person in this state. |
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(31) "Vintage distilled spirits seller" means a person |
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who: |
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(A) is at least 21 years of age; |
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(B) does not hold a license or permit under this |
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code; and |
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(C) is: |
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(i) an administrator, executor, receiver, |
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or other fiduciary who receives and sells vintage distilled spirits |
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in execution of the person's fiduciary capacity; |
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(ii) a creditor who receives or takes |
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possession of vintage distilled spirits as security for, or in |
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payment of, debt, in whole or in part; |
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(iii) a public officer or court official |
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who levies on vintage distilled spirits under order or process of |
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any court or magistrate to sell the vintage distilled spirits in |
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satisfaction of the order or process; or |
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(iv) any other person who does not hold or |
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have an interest in a permit or a license or in the business of a |
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permit or license holder under this code and is not engaged in the |
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business of selling alcoholic beverages. |
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SECTION 2. Section 22.01, Alcoholic Beverage Code, is |
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amended to read as follows: |
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Sec. 22.01. AUTHORIZED ACTIVITIES. The holder of a package |
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store permit may: |
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(1) purchase liquor in this state from the holder of a |
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winery, wholesaler's, or class B wholesaler's permit; |
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(2) purchase malt beverages in this state from the |
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holder of a general or branch distributor's license; |
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(3) sell liquor and malt beverages in unbroken |
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original containers on or from the holder's licensed premises at |
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retail to consumers for off-premises consumption only and not for |
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the purpose of resale, except that if the permittee is a hotel, the |
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permittee may deliver unbroken packages of liquor and malt |
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beverages to bona fide guests of the hotel in their rooms for |
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consumption in their rooms; |
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(4) sell vinous liquors in original containers of not |
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less than six ounces; [and] |
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(5) sell liquor to holders of passenger transportation |
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permits as provided in Section 48.03; and |
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(6) purchase and sell vintage distilled spirits as |
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provided in Section 22.19. |
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SECTION 3. Chapter 22, Alcoholic Beverage Code, is amended |
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by adding Section 22.19 to read as follows: |
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Sec. 22.19. PURCHASE AND SALE OF VINTAGE DISTILLED SPIRITS. |
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(a) The holder of a package store permit may purchase vintage |
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distilled spirits from a vintage distilled spirits seller. |
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(b) A vintage distilled spirits seller may sell to the |
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holder of a package store permit, for each permitted premises, not |
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more than 24 containers of vintage distilled spirits during any |
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12-month period. |
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(c) The holder of a package store permit shall maintain a |
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record of each purchase of vintage distilled spirits until the |
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second anniversary of the date the vintage distilled spirits are |
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purchased and provide the record to the commission on request. The |
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record must include the following information: |
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(1) the permit holder's name, address, permit number, |
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and phone number; |
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(2) the vintage distilled spirits seller's name, |
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address, and phone number; |
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(3) the brand name and quantity of each vintage |
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distilled spirits container purchased; |
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(4) the date of the purchase; and |
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(5) the number of containers of vintage distilled |
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spirits the permit holder has previously purchased from the vintage |
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distilled spirits seller and the dates of those purchases. |
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(d) A package store permit holder may sell vintage distilled |
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spirits to consumers for off-premises consumption only and to |
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holders of passenger transportation permits as provided in Section |
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48.03. |
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(e) Any holder of a package store permit who is injured in |
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the permittee's business or property by a vintage distilled spirits |
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seller by the sale of forged, adulterated, or counterfeit vintage |
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distilled spirits to the permittee may institute suit in any |
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district court in the county in which the violation is alleged to |
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have occurred to require enforcement by injunctive procedures and |
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to recover triple damages plus costs of suit including reasonable |
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attorney's fees. |
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SECTION 4. Section 23.01(a), Alcoholic Beverage Code, is |
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amended to read as follows: |
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(a) The holder of a local distributor's permit may: |
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(1) purchase alcoholic beverages, including malt |
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beverages, from wholesalers and distributors authorized to sell |
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them for resale, but may purchase only those brands available for |
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general distribution to all local distributor's permittees; |
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(2) sell and distribute the alcoholic beverages, |
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including malt beverages, to mixed beverage and private club |
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registration permittees; |
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(3) sell and distribute distilled spirits to the |
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holder of a nonprofit entity temporary event permit; [and] |
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(4) rent or sell to mixed beverage and private club |
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registration permittees any equipment, fixtures, or supplies used |
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in the selling or dispensing of distilled spirits; and |
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(5) purchase and sell vintage distilled spirits as |
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provided by Section 23.07. |
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SECTION 5. Chapter 23, Alcoholic Beverage Code, is amended |
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by adding Section 23.07 to read as follows: |
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Sec. 23.07. PURCHASE AND SALE OF VINTAGE DISTILLED SPIRITS. |
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(a) The holder of a local distributor's permit may purchase vintage |
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distilled spirits from a vintage distilled spirits seller. |
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(b) A vintage distilled spirits seller may sell to the |
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holder of a local distributor's permit, for each permitted |
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premises, not more than 24 containers of vintage distilled spirits |
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during any 12-month period. |
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(c) The holder of a local distributor's permit shall |
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maintain a record of each purchase of vintage distilled spirits |
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until the second anniversary of the date the vintage distilled |
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spirits are purchased and provide the record to the commission on |
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request. The record must include the following information: |
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(1) the permit holder's name, address, permit number, |
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and phone number; |
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(2) the vintage distilled spirits seller's name, |
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address, and phone number; |
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(3) the brand name and quantity of each vintage |
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distilled spirits container purchased; |
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(4) the date of the purchase; and |
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(5) the number of containers of vintage distilled |
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spirits the permit holder has previously purchased from the vintage |
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distilled spirits seller and the dates of those purchases. |
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(d) A local distributor's permit holder may sell to the |
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holder of a mixed beverage permit not more than six containers of |
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vintage distilled spirits during any 12-month period. |
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(e) Any holder of a local distributor's permit who is |
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injured in the permittee's business or property by a vintage |
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distilled spirits seller by the sale of forged, adulterated, or |
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counterfeit vintage distilled spirits to the permittee may |
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institute suit in any district court in the county in which the |
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violation is alleged to have occurred to require enforcement by |
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injunctive procedures and to recover triple damages plus costs of |
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suit including reasonable attorney's fees. |
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SECTION 6. Section 28.07(a), Alcoholic Beverage Code, is |
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amended to read as follows: |
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(a) All distilled spirits and vintage distilled spirits |
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sold by a holder of a mixed beverage permit must be purchased from a |
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holder of a local distributor's permit in the county in which the |
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premises of a mixed beverage permittee is located. |
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SECTION 7. Section 103.10, Alcoholic Beverage Code, is |
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amended to read as follows: |
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Sec. 103.10. EXERCISE OF DISCRETION IN CASE OF MISTAKE. (a) |
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The preceding sections of this subchapter shall not be construed as |
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preventing the commission from exercising its discretion if illicit |
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alcoholic beverages are seized as the result of an accidental |
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shipment or other reasonable mistake. Under those circumstances, |
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the commission may issue orders and make disposition of the |
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alcoholic beverages as it finds just and reasonable. |
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(b) It is a defense to prosecution or to the imposition of a |
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civil or administrative penalty for a violation under this chapter |
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that: |
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(1) the holder of a package store permit or the holder |
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of a local distributor's permit: |
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(A) purchased an illicit beverage from a vintage |
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distilled spirits seller under Section 22.19 or 23.07 in good |
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faith; |
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(B) reasonably believed the illicit beverage was |
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vintage distilled spirits at all times the beverage was in the |
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permit holder's possession; and |
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(C) sold the illicit beverage to an authorized |
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purchaser in good faith; and |
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(2) an authorized purchaser, to whom the holder of a |
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package store permit or local distributor's permit sold an illicit |
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beverage, reasonably believed the beverage was vintage distilled |
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spirits and not an illicit beverage. |
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SECTION 8. Section 201.08(a), Alcoholic Beverage Code, is |
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amended to read as follows: |
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(a) No tax may be collected on liquor: |
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(1) shipped out of state for consumption outside the |
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state; [or] |
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(2) sold aboard a ship for ship's supplies; or |
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(3) sold as vintage distilled spirits. |
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SECTION 9. This Act takes effect September 1, 2023. |