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A BILL TO BE ENTITLED
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AN ACT
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relating to the sale of wine and malt beverages by certain alcoholic |
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beverage manufacturers at a restaurant operated by the |
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manufacturer. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 16.01, Alcoholic Beverage Code, is |
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amended by adding Subsection (f) to read as follows: |
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(f) The holder of a winery permit may purchase malt |
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beverages from the holder of a distributor's license and sell those |
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malt beverages to ultimate consumers for consumption at a |
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restaurant operated by the permit holder on the winery premises. |
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SECTION 2. Chapter 16, Alcoholic Beverage Code, is amended |
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by adding Section 16.13 to read as follows: |
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Sec. 16.13. ON-PREMISES RESTAURANT. (a) The holder of a |
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winery permit may sell wine and malt beverages to ultimate |
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consumers for consumption at a restaurant operated by the permit |
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holder on the winery premises. |
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(b) Food must be available at the restaurant at all times |
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alcoholic beverages are sold. |
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(c) The holder of a winery permit who operates a restaurant |
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as provided by this section shall maintain and make available for |
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inspection by the commission on the commission's request: |
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(1) a menu or list of all food and beverages to be |
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offered for sale at the restaurant, including prices; |
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(2) a list of equipment used by the restaurant for food |
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preparation; |
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(3) a record of the hours of operation for the |
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restaurant, including hours during which alcoholic beverages are |
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available; |
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(4) a floor plan of the restaurant portion of the |
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permitted premises, showing the areas that are dedicated for food |
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preparation and service and the areas that are dedicated for |
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alcoholic beverage preparation and service; |
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(5) a summary of daily sales, separating the total |
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sales for: |
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(A) alcoholic beverages; |
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(B) food; and |
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(C) any other major sales categories, including |
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nonalcoholic beverages; and |
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(6) each invoice for the purchase of alcoholic |
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beverages sold under the permit until the fourth anniversary of the |
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date the alcoholic beverage was purchased. |
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(d) Failure to make available any required documentation to |
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the commission on the commission's request or maintain a record |
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required by this section is: |
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(1) prima facie evidence of noncompliance with the |
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requirements of this section; and |
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(2) grounds for the commission to take disciplinary |
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action against the permit holder. |
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SECTION 3. Section 19.01, Alcoholic Beverage Code, is |
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amended to read as follows: |
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Sec. 19.01. AUTHORIZED ACTIVITIES. The holder of a |
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wholesaler's permit may: |
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(1) purchase and import liquor from distillers, |
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wineries, and rectifiers who are holders of nonresident seller's |
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permits or from their agents; |
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(2) purchase liquor from other wholesalers in the |
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state; |
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(3) sell liquor in the original containers in which it |
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is received to retailers and wholesalers in this state authorized |
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to sell the liquor; [and] |
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(4) sell liquor to qualified persons outside the |
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state; |
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(5) sell wine to the holder of a winery permit |
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authorized to sell wine to ultimate consumers for consumption at a |
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restaurant operated by the permit holder on the winery premises |
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under Section 16.13; and |
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(6) sell wine to the holder of a brewer's license |
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authorized to sell wine to ultimate consumers for consumption at a |
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restaurant operated by the license holder on the brewery premises |
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under Section 62.16. |
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SECTION 4. Chapter 62, Alcoholic Beverage Code, is amended |
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by adding Section 62.16 to read as follows: |
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Sec. 62.16. ON-PREMISES RESTAURANT. (a) The holder of a |
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brewer's license authorized to sell malt beverages to ultimate |
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consumers for consumption on the brewer's premises under Section |
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62.122 may: |
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(1) purchase wine from wholesalers authorized to sell |
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wine; |
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(2) purchase malt beverages from the holder of a |
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distributor's license authorized to sell malt beverages; and |
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(3) sell the wine and malt beverages to ultimate |
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consumers for consumption at a restaurant operated by the license |
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holder on the brewery premises. |
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(b) Food must be available at the restaurant at all times |
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alcoholic beverages are sold. |
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(c) Section 62.122(b) does not apply to a malt beverage |
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purchased by the holder of a brewer's license under Subsection (a) |
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and sold to an ultimate consumer for consumption at a restaurant |
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operated by the license holder under this section. |
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(d) The holder of a brewer's license who operates a |
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restaurant as provided by this section shall maintain and make |
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available for inspection by the commission on the commission's |
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request: |
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(1) a menu or list of all food and beverages to be |
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offered for sale at the restaurant, including prices; |
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(2) a list of equipment used by the restaurant for food |
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preparation; |
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(3) a record of the hours of operation for the |
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restaurant, including hours during which alcoholic beverages are |
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available; |
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(4) a floor plan of the restaurant portion of the |
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licensed premises, showing the areas that are dedicated for food |
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preparation and service and the areas that are dedicated for |
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alcoholic beverage preparation and service; |
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(5) a summary of daily sales, separating the total |
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sales for: |
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(A) alcoholic beverages; |
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(B) food; and |
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(C) any other major sales categories, including |
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nonalcoholic beverages; and |
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(6) each invoice for the purchase of alcoholic |
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beverages sold under the license until the fourth anniversary of |
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the date the alcoholic beverage was purchased. |
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(e) Failure to make available any required documentation to |
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the commission on the commission's request or maintain a record |
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required by this section is: |
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(1) prima facie evidence of noncompliance with the |
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requirements of this section; and |
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(2) grounds for the commission to take disciplinary |
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action against the license holder. |
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SECTION 5. Section 102.31(a), Alcoholic Beverage Code, is |
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amended to read as follows: |
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(a) This section applies to: |
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(1) the sale of malt beverages or malt beverage |
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containers or the original packages in which malt beverages are |
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received, packaged, or contained by a distributor's licensee to a |
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retail dealer's on-premise or off-premise licensee, a wine and malt |
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beverage retailer's permittee, or a wine and malt beverage |
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retailer's off-premise permittee; and |
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(2) the sale of malt beverages by a local distributor's |
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permittee, or by any licensee authorized to sell those beverages |
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for resale, to: |
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(A) a mixed beverage permittee; |
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(B) a winery permittee authorized to sell malt |
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beverages to an ultimate consumer at a restaurant operated by the |
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permittee under Section 16.13; or |
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(C) a brewer's licensee authorized to sell malt |
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beverages to an ultimate consumer at a restaurant operated by the |
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licensee under Section 62.16. |
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SECTION 6. Section 102.32(a), Alcoholic Beverage Code, is |
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amended to read as follows: |
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(a) In this section: |
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(1) "Wholesale dealer" means a wholesaler, class B |
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wholesaler, winery, or local distributor's permittee. |
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(2) "Retailer" means a package store, wine only |
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package store, wine and malt beverage retailers, wine and malt |
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beverage retailer's off-premise, or mixed beverage permittee, any |
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other retailer, or a private club registration permittee. For |
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purposes of this section: |
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(A) [,] the holder of a winery permit issued |
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under Chapter 16 is a retailer when the winery permit holder |
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purchases wine from the holder of a wholesaler's permit issued |
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under Chapter 19 for resale to ultimate consumers in unbroken |
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packages or for consumption on the premises of a restaurant |
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operated by the holder of the winery permit under Section 16.13; and |
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(B) the holder of a brewer's license issued under |
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Chapter 62 is a retailer when the brewer's license holder purchases |
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wine from the holder of a wholesaler's permit issued under Chapter |
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19 for resale to ultimate consumers for consumption on the premises |
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of a restaurant operated by the holder of the brewer's license under |
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Section 62.16. |
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(3) "Month" means a calendar month. |
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SECTION 7. 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 the changes in law made by this Act. |
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SECTION 8. This Act takes effect September 1, 2025. |