Texas 2009 - 81st Regular

Texas House Bill HB206 Compare Versions

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1	1	81R2643 MCK-D
2	2	By: Jackson H.B. No. 206
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the on-premises consumption of certain alcoholic
8	8	beverages; providing a penalty.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle A, Title 3, Alcoholic Beverage Code, is
11	11	amended by adding Chapter 56 to read as follows:
12	12	CHAPTER 56. ON-PREMISES CONSUMPTION ONLY PERMIT
13	13	Sec. 56.01. AUTHORIZED ACTIVITIES. The holder of an
14	14	on-premises consumption only permit may allow a person to bring
15	15	alcoholic beverages onto the permitted premises for consumption by
16	16	the person on the permitted premises.
17	17	Sec. 56.02. CERTAIN PREMISES INELIGIBLE FOR PERMIT. An
18	18	on-premises consumption only permit may not be issued for a
19	19	premises covered by a mixed beverage permit or a private club
20	20	registration permit.
21	21	Sec. 56.03. FEE. The annual state fee for an on-premises
22	22	consumption only permit is $500.
23	23	Sec. 56.04. BREACH OF PEACE. The commission or
24	24	administrator may suspend or cancel an on-premises consumption only
25	25	permit after giving the holder notice and the opportunity to show
26	26	compliance with the requirements of law for the retention of the
27	27	permit if the commission or administrator finds that:
28	28	(1) a breach of the peace has occurred on the premises
29	29	covered by the permit or on a premises under the holder's control;
30	30	and
31	31	(2) the breach of the peace resulted from the holder's
32	32	improper supervision of a person who was allowed on the premises
33	33	covered by the permit or the premises under the holder's control.
34	34	SECTION 2. Subchapter D, Chapter 101, Alcoholic Beverage
35	35	Code, is amended by adding Section 101.76 to read as follows:
36	36	Sec. 101.76. ON-PREMISES CONSUMPTION ONLY PERMIT REQUIRED.
37	37	(a) The owner of a commercial establishment that charges customers
38	38	a fee to be admitted to the establishment, including a fee under
39	39	Section 47.052, Business & Commerce Code, commits an offense if the
40	40	owner of the commercial establishment:
41	41	(1) allows a person to bring alcoholic beverages onto
42	42	the establishment's premises for consumption on the establishment's
43	43	premises; and
44	44	(2) does not hold an on-premises consumption only
45	45	permit under Chapter 56.
46	46	(b) An offense under this section is a Class C misdemeanor,
47	47	except that the offense is a:
48	48	(1) Class B misdemeanor if it is shown on the trial of
49	49	the offense that the person has previously been convicted of an
50	50	offense under this section one time; or
51	51	(2) Class A misdemeanor if it is shown on the trial of
52	52	the offense that the person has previously been convicted of an
53	53	offense under this section two or more times.
54	54	SECTION 3. On or before November 1, 2009, the Alcoholic
55	55	Beverage Commission shall adopt all rules necessary to implement
56	56	Chapter 56, Alcoholic Beverage Code, as added by this Act.
57	57	SECTION 4. (a) Except as provided by Subsection (b) of this
58	58	section, this Act takes effect September 1, 2009.
59	59	(b) Section 101.76, Alcoholic Beverage Code, as added by
60	60	this Act, takes effect January 1, 2010.