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AN ACT
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relating to authorizing secondary wine sales; authorizing an |
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administrative penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 4, Alcoholic Beverage Code, is amended by |
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adding Chapter 111 to read as follows: |
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CHAPTER 111. SECONDARY WINE SALES |
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Sec. 111.001. DEFINITIONS. In this chapter: |
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(1) "Permitted restaurant" means a restaurant that |
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holds: |
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(A) a mixed beverage permit, a wine and malt |
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beverage retailer's permit, or a private club registration permit; |
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and |
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(B) a food and beverage certificate. |
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(2) "Wine collection seller" means a person 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 wine in execution of the |
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person's fiduciary capacity; |
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(ii) a creditor who receives or takes |
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possession of wine as security for, or in payment of, debt, in whole |
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or in part; |
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(iii) a public officer or court official |
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who levies on wine under order or process of any court or magistrate |
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to sell the wine in 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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Sec. 111.002. AUTHORIZED ACTIVITIES. A wine collection |
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seller may sell to a permitted restaurant wine that is: |
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(1) lawfully owned or possessed by the wine collection |
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seller; |
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(2) in an original container sealed by the |
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manufacturer; and |
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(3) manufactured not less than 20 years before the |
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date the wine collection seller sells the wine to a permitted |
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restaurant. |
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Sec. 111.003. PURCHASE BY RESTAURANT; SALE TO CONSUMER. A |
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permitted restaurant may purchase wine from a wine collection |
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seller and sell that wine to an ultimate consumer for on-premises |
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consumption in accordance with the permit held by the permitted |
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restaurant. |
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Sec. 111.004. RECORDS. (a) A permitted restaurant that |
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purchases wine under this chapter shall maintain a record of each |
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purchase. A permitted restaurant shall maintain the record until |
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the second anniversary of the date the restaurant sells the wine to |
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an ultimate consumer. |
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(b) The record, at a minimum, must include: |
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(1) the name, address, and phone number of the wine |
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collection seller who sold the wine to the permitted restaurant; |
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(2) a description of the wine; |
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(3) details of the transaction between the wine |
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collection seller and the permitted restaurant, including the brand |
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name and quantity of containers purchased by the permitted |
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restaurant; |
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(4) the date of the purchase; and |
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(5) any documents that support the provenance of the |
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wine. |
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(c) A permitted restaurant shall make a record of a wine |
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purchase made under this chapter available upon request to the |
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ultimate consumer who purchases the wine. The ultimate consumer |
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may request the records either before or after the sale to the |
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consumer. The permitted restaurant may redact from the record the |
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price the restaurant paid for the wine. |
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(d) The commission shall assess an administrative penalty |
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in the amount of $500 against a permitted restaurant for each |
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violation of this section. |
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Sec. 111.005. TAX. Sales of wine by a wine collection |
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seller to a permitted restaurant under this chapter are exempt from |
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the taxes imposed under Subchapter A, Chapter 201. |
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SECTION 2. As soon as practicable after the effective date |
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of this Act, the Texas Alcoholic Beverage Commission shall adopt |
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rules necessary to implement Chapter 111, Alcoholic Beverage Code, |
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as added by this Act. |
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SECTION 3. This Act takes effect September 1, 2023. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 1932 passed the Senate on |
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April 26, 2023, by the following vote: Yeas 24, Nays 6, one |
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present not voting. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1932 passed the House on |
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May 18, 2023, by the following vote: Yeas 132, Nays 10, one |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |