|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the transfer of certain malt beverages between two or |
|
more licensed premises operating under the same general ownership |
|
or management and the sale of those malt beverages. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Chapter 62, Alcoholic Beverage Code, is amended |
|
by adding Section 62.085 to read as follows: |
|
Sec. 62.085. TRANSFER OF MALT BEVERAGES. (a) The holder of |
|
a brewer's license may transfer malt beverages produced under the |
|
license between any of the license holder's licensed brewery |
|
premises, including a facility operating under an alternating |
|
brewery proprietorship or contract brewing arrangement as provided |
|
by Section 62.14, during the hours provided by Section 105.051, |
|
subject to rules prescribed by the commission. |
|
(b) The holder of a brewer's license may not transport malt |
|
beverages under Subsection (a) unless: |
|
(1) the license holder provides the commission with a |
|
description, as required by the commission, of each motor vehicle |
|
used by the license holder to transport malt beverages; and |
|
(2) each motor vehicle is plainly marked or lettered |
|
to indicate that it is being used by the license holder to transport |
|
malt beverages. |
|
(c) When transporting malt beverages under this section, |
|
the holder of a brewer's license may not violate the motor carrier |
|
laws of this state. |
|
(d) For purposes of Section 62.122, a malt beverage |
|
transported under this section is considered to be produced on the |
|
premises where the malt beverage is produced and may not be |
|
considered to be produced on the premises to which the malt beverage |
|
is transported. |
|
(e) Notwithstanding Subsection (d), the holder of a |
|
brewer's license to whose licensed premises malt beverages have |
|
been transported under this section may sell the transported malt |
|
beverages: |
|
(1) to ultimate consumers in the manner provided by |
|
Section 62.122(a); and |
|
(2) in this state to the holders of general and branch |
|
distributor's licenses and to qualified persons outside the state |
|
as provided by Section 62.01(a)(1). |
|
SECTION 2. Section 69.11, Alcoholic Beverage Code, is |
|
amended to read as follows: |
|
Sec. 69.11. EXCHANGE OR TRANSPORTATION OF MALT BEVERAGES |
|
BETWEEN LICENSED PREMISES UNDER SAME OWNERSHIP. (a) The owner of |
|
two or more licensed retail premises may not exchange or transport |
|
malt beverages between them unless all of the conditions set out in |
|
Section 24.04 are met, except that malt beverages may be |
|
transferred between two licensed retail premises that are both |
|
covered by package store permits as provided in Section 22.08. |
|
(b) This section does not apply to malt beverages |
|
transferred between two licensed brewpubs operating under the same |
|
general management or ownership as provided in Section 74.12. |
|
SECTION 3. Section 74.08, Alcoholic Beverage Code, is |
|
amended by amending Subsection (a) and adding Subsection (e) to |
|
read as follows: |
|
(a) In addition to the activities authorized by Section |
|
74.01, the holder of a brewpub license [who holds a wine and malt |
|
beverage retailer's permit and whose sale of malt beverages |
|
consists only of malt beverages brewed on the brewpub's premises] |
|
may sell malt beverages produced under the license to: |
|
(1) those retailers to whom the holder of a general |
|
distributor's license may sell malt beverages under Section 64.01; |
|
or |
|
(2) qualified persons to whom the holder of a general |
|
distributor's license may sell malt beverages for shipment and |
|
consumption outside the state under Section 64.01. |
|
(e) The holder of a brewpub license to whose brewpub |
|
premises malt beverages have been transported under Section 74.12 |
|
may: |
|
(1) sell or offer without charge, on the brewpub's |
|
premises, to ultimate consumers for consumption on or off those |
|
premises, the transported malt beverages, to the extent the sales |
|
or offers are allowed under the holder's other permits or licenses; |
|
and |
|
(2) sell the transported malt beverages to: |
|
(A) those retailers to whom the holder of a |
|
general distributor's license may sell malt beverages under Section |
|
64.01; or |
|
(B) qualified persons to whom the holder of a |
|
general distributor's license may sell malt beverages for shipment |
|
and consumption outside the state under Section 64.01. |
|
SECTION 4. Chapter 74, Alcoholic Beverage Code, is amended |
|
by adding Section 74.12 to read as follows: |
|
Sec. 74.12. TRANSFER OF BEVERAGES. (a) The holder of a |
|
brewpub license operating more than one brewpub as authorized by |
|
Section 74.01(b) may transfer malt beverages brewed under the |
|
license between any of the license holder's brewpubs during the |
|
hours provided by Section 105.051, subject to rules prescribed by |
|
the commission. |
|
(b) The holder of a brewpub license may not transport malt |
|
beverages under Subsection (a) unless: |
|
(1) the license holder provides the commission with a |
|
description, as required by the commission, of each motor vehicle |
|
used by the license holder to transport malt beverages; and |
|
(2) each motor vehicle is plainly marked or lettered |
|
to indicate that it is being used by the license holder to transport |
|
malt beverages. |
|
(c) When transporting malt beverages under this section, |
|
the holder of a brewpub license may not violate the motor carrier |
|
laws of this state. |
|
(d) For purposes of Section 74.03, a malt beverage |
|
transported under this section is considered to be brewed by the |
|
brewpub where the malt beverage is brewed and may not be considered |
|
to be brewed by the brewpub to which the malt beverage is |
|
transported. |
|
SECTION 5. This Act takes effect September 1, 2025. |