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A BILL TO BE ENTITLED
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AN ACT
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relating to the sale of spirit coolers by certain alcoholic |
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beverage permittees. |
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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 amending Subdivisions (3) and (5) and adding Subdivision |
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(30) to read as follows: |
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(3) "Distilled spirits" means alcohol, spirits of |
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wine, whiskey, rum, brandy, gin, or any liquor produced in whole or |
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in part by the process of distillation, including all dilutions or |
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mixtures of them, and includes spirit coolers [that may have an |
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alcoholic content as low as four percent alcohol by volume and that |
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contain plain, sparkling, or carbonated water and may also contain |
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one or more natural or artificial blending or flavoring |
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ingredients]. |
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(5) "Liquor" means any alcoholic beverage, other than |
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a malt beverage, containing alcohol in excess of five percent by |
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volume, unless otherwise indicated, and any spirit cooler. Proof |
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that an alcoholic beverage is alcohol, spirits of wine, whiskey, |
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liquor, wine, brandy, gin, rum, tequila, mescal, habanero, or |
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barreteago, is prima facie evidence that it is liquor. |
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(30) "Spirit cooler" means an alcoholic beverage that: |
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(A) consists of: |
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(i) alcohol, spirits of wine, whiskey, rum, |
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brandy, gin, or any liquor produced in whole or in part by the |
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process of distillation; and |
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(ii) plain, sparkling, or carbonated water, |
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or juices, and may also contain one or more natural or artificial |
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blending or flavoring ingredients; and |
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(B) has an alcoholic content of at least one-half |
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of one percent by volume but not more than 17 percent by volume. |
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SECTION 2. Section 24.01(a), Alcoholic Beverage Code, is |
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amended to read as follows: |
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(a) The holder of a wine only package store permit may: |
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(1) purchase wine and vinous liquors in this state |
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from the holder of a winery, wholesaler's, or class B wholesaler's |
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permit; |
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(2) purchase malt beverages from the holder of a |
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general or branch distributor's license; [and] |
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(3) purchase spirit coolers from the holder of a |
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wholesaler's permit; and |
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(4) sell those beverages to consumers at retail on or |
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from the licensed premises in unbroken original containers of not |
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less than six ounces for off-premises consumption only and not for |
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the purpose of resale. |
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SECTION 3. Section 24.07, Alcoholic Beverage Code, is |
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amended to read as follows: |
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Sec. 24.07. HOURS OF SALE. A holder of a wine only package |
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store permit may remain open and sell malt beverages, wine, spirit |
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coolers, and vinous liquors, for off-premises consumption only, on |
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any day and during the same hours as those prescribed for the sale |
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of malt beverages under Section 105.05, except that the permittee |
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may not sell wine or vinous liquor containing more than 17 percent |
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alcohol by volume on a Sunday or after 10 p.m. on any day. |
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SECTION 4. Sections 24.12(a), (b), and (d), Alcoholic |
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Beverage Code, are amended to read as follows: |
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(a) The holder of a wine only package store permit may |
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conduct free product samplings of wine, spirit coolers, or malt |
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beverages on the permit holder's premises during regular business |
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hours as provided by this section. |
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(b) An agent or employee of the holder of a wine only package |
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store permit may open, touch, or pour wine, spirit coolers, or malt |
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beverages, make a presentation, or answer questions at a sampling |
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event. |
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(d) Any wine, spirit coolers, or malt beverages used in a |
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sampling event under this section must be purchased from or |
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provided by the retailer on whose premises the sampling event is |
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held. The retailer may not require the purchase of more alcoholic |
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beverages than are necessary for the tasting. This section does not |
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authorize the holder of a nonresident seller's permit or that |
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permit holder's agent or employee to withdraw or purchase an |
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alcoholic beverage from the holder of a wholesaler's permit or |
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provide an alcoholic beverage for tasting on a retailer's premises |
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that is not purchased from the retailer. |
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SECTION 5. Chapter 24, Alcoholic Beverage Code, is amended |
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by adding Section 24.13 to read as follows: |
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Sec. 24.13. AUTHORITY REGARDING SPIRIT COOLERS. The |
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provisions of this chapter relating to spirit coolers apply only to |
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the holder of a wine only package store permit whose premises is |
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located in an area where the sale of alcoholic beverages is legal as |
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provided by a ballot issue approved by the voters under Section |
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501.035(b)(5), (6), or (7), Election Code. |
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SECTION 6. Section 25.01, Alcoholic Beverage Code, is |
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amended to read as follows: |
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Sec. 25.01. AUTHORIZED ACTIVITIES. The holder of a wine and |
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malt beverage retailer's permit may sell: |
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(1) for consumption on or off the premises where sold, |
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but not for resale, wine and malt beverages containing alcohol in |
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excess of one-half of one percent by volume and not more than 17 |
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percent by volume; [and] |
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(2) for consumption on the premises, the following |
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beverages containing alcohol in excess of one-half of one percent |
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by volume and not more than 24 percent by volume: |
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(A) traditional port or sherry; |
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(B) dessert-flavored wine; or |
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(C) rice wine; and |
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(3) for consumption off the premises, but not for |
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resale, spirit coolers. |
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SECTION 7. Section 25.09(a), Alcoholic Beverage Code, is |
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amended to read as follows: |
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(a) Except as provided by this section, a wine and malt |
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beverage retailer's permittee or an officer of the permittee may |
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not possess on the licensed premises: |
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(1) distilled spirits, other than spirit coolers; or |
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(2) liquor containing alcohol in excess of 17 percent |
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by volume [on the licensed premises]. |
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SECTION 8. Chapter 25, Alcoholic Beverage Code, is amended |
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by adding Section 25.145 to read as follows: |
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Sec. 25.145. AUTHORITY REGARDING SPIRIT COOLERS. The |
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provisions of this chapter relating to spirit coolers apply only to |
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the holder of a wine and malt beverage retailer's permit whose |
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premises is located in an area where the sale of alcoholic beverages |
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is legal as provided by a ballot issue approved by the voters under |
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Section 501.035(b)(5), (6), or (7), Election Code. |
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SECTION 9. Sections 26.01(a) and (b), Alcoholic Beverage |
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Code, are amended to read as follows: |
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(a) The holder of a wine and malt beverage retailer's |
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off-premise permit may sell for off-premises consumption only, in |
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unbroken original containers, but not for resale, wine, spirit |
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coolers, and malt beverages containing alcohol in excess of |
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one-half of one percent by volume but not more than 17 percent by |
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volume. |
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(b) The holder of a wine and malt beverage retailer's |
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off-premise permit may conduct free product samplings of wine, |
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spirit coolers, and malt beverages containing alcohol in excess of |
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one-half of one percent by volume but not more than 17 percent by |
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volume on the permit holder's premises during regular business |
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hours as provided by Section 26.08. |
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SECTION 10. Sections 26.08(a) and (c), Alcoholic Beverage |
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Code, are amended to read as follows: |
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(a) An employee of the holder of a wine and malt beverage |
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retailer's off-premise permit may open, touch, or pour wine, spirit |
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coolers, or malt beverages, make a presentation, or answer |
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questions at a sampling event. |
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(c) Any wine, spirit coolers, or malt beverages used in a |
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sampling event under this section must be purchased from or |
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provided by the retailer on whose premises the sampling event is |
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held. This section does not authorize the holder of a wine and malt |
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beverage retailer's off-premise permit to withdraw or purchase |
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alcoholic beverages from the holder of a wholesaler's permit or a |
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distributor's license or provide alcoholic beverages for a sampling |
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on a retailer's premises that is not purchased from the retailer. |
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The amount of alcoholic beverages purchased from the retailer may |
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not exceed the amount of alcoholic beverages used in the sampling |
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event. |
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SECTION 11. Chapter 26, Alcoholic Beverage Code, is amended |
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by adding Section 26.09 to read as follows: |
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Sec. 26.09. AUTHORITY REGARDING SPIRIT COOLERS. The |
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provisions of this chapter relating to spirit coolers apply only to |
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the holder of a wine and malt beverage retailer's off-premise |
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permit whose premises is located in an area where the sale of |
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alcoholic beverages is legal as provided by a ballot issue approved |
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by the voters under Section 501.035(b)(5), (6), or (7), Election |
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Code. |
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SECTION 12. This Act takes effect September 1, 2023. |