81R2643 MCK-D
By: Jackson H.B. No. 206
A BILL TO BE ENTITLED
AN ACT
relating to the on-premises consumption of certain alcoholic
beverages; providing a penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle A, Title 3, Alcoholic Beverage Code, is
amended by adding Chapter 56 to read as follows:
CHAPTER 56. ON-PREMISES CONSUMPTION ONLY PERMIT
Sec. 56.01. AUTHORIZED ACTIVITIES. The holder of an
on-premises consumption only permit may allow a person to bring
alcoholic beverages onto the permitted premises for consumption by
the person on the permitted premises.
Sec. 56.02. CERTAIN PREMISES INELIGIBLE FOR PERMIT. An
on-premises consumption only permit may not be issued for a
premises covered by a mixed beverage permit or a private club
registration permit.
Sec. 56.03. FEE. The annual state fee for an on-premises
consumption only permit is $500.
Sec. 56.04. BREACH OF PEACE. The commission or
administrator may suspend or cancel an on-premises consumption only
permit after giving the holder notice and the opportunity to show
compliance with the requirements of law for the retention of the
permit if the commission or administrator finds that:
(1) a breach of the peace has occurred on the premises
covered by the permit or on a premises under the holder's control;
and
(2) the breach of the peace resulted from the holder's
improper supervision of a person who was allowed on the premises
covered by the permit or the premises under the holder's control.
SECTION 2. Subchapter D, Chapter 101, Alcoholic Beverage
Code, is amended by adding Section 101.76 to read as follows:
Sec. 101.76. ON-PREMISES CONSUMPTION ONLY PERMIT REQUIRED.
(a) The owner of a commercial establishment that charges customers
a fee to be admitted to the establishment, including a fee under
Section 47.052, Business & Commerce Code, commits an offense if the
owner of the commercial establishment:
(1) allows a person to bring alcoholic beverages onto
the establishment's premises for consumption on the establishment's
premises; and
(2) does not hold an on-premises consumption only
permit under Chapter 56.
(b) An offense under this section is a Class C misdemeanor,
except that the offense is a:
(1) Class B misdemeanor if it is shown on the trial of
the offense that the person has previously been convicted of an
offense under this section one time; or
(2) Class A misdemeanor if it is shown on the trial of
the offense that the person has previously been convicted of an
offense under this section two or more times.
SECTION 3. On or before November 1, 2009, the Alcoholic
Beverage Commission shall adopt all rules necessary to implement
Chapter 56, Alcoholic Beverage Code, as added by this Act.
SECTION 4. (a) Except as provided by Subsection (b) of this
section, this Act takes effect September 1, 2009.
(b) Section 101.76, Alcoholic Beverage Code, as added by
this Act, takes effect January 1, 2010.