81R5183 MCK-F
By: Gallegos S.B. No. 1556
A BILL TO BE ENTITLED
AN ACT
relating to the promotion and marketing of alcoholic beverages.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 62.01, Alcoholic Beverage Code, is
amended by adding Subsection (c) to read as follows:
(c) A manufacturer who holds a sampling event at a
retailer's premises:
(1) must notify the distributor in whose territory the
retail premises is located of the event at least 48 hours before the
event is scheduled to begin; and
(2) may charge the distributor not more than 50
percent of the cost of the event.
SECTION 2. Section 64.01, Alcoholic Beverage Code, is
amended by adding Subsection (c) to read as follows:
(c) The holder of a general distributor's license may
conduct samplings of beer, including tastings, at a retailer's
premises. An agent or employee of the holder of a general
distributor's license may open, touch, or pour beer, make a
presentation, or answer questions at a sampling event.
SECTION 3. Section 65.01, Alcoholic Beverage Code, is
amended by adding Subsection (c) to read as follows:
(c) The holder of a local distributor's license may conduct
samplings of beer, including tastings, at a retailer's premises.
An agent or employee of the holder of a local distributor's license
may open, touch, or pour beer, make a presentation, or answer
questions at a sampling event.
SECTION 4. Chapter 108, Alcoholic Beverage Code, is amended
by adding Subchapter D to read as follows:
SUBCHAPTER D. PROMOTIONAL EVENTS
Sec. 108.101. CONSUMER PRODUCT INSTRUCTION EVENTS. (a) In
this section, "consumer product instruction event" means a
prescheduled event during which the license or permit holder
provides consumers of legal drinking age with one or more malt
beverages the sale of which is authorized in this state for the
purposes of providing consumer instruction on the history, quality,
characteristics, presentation, or serving of the beverages
provided and allowing consumers to taste the beverages provided.
(b) Notwithstanding Section 102.07, 102.14, 102.15, or
108.06, or any other provision of this code, a holder of a
manufacturer's license, nonresident manufacturer's license,
brewer's permit, nonresident brewer's permit, nonresident seller's
permit, general distributor's license, local distributor's
license, wholesaler's permit, Class B wholesaler's permit, agent's
beer license, agent's permit, manufacturer's agent's permit, or
promotional permit, or the license or permit holder's agent,
representative, or employee, may, in order to promote the license
or permit holder's malt beverages, conduct consumer product
instruction events at the premises of a retailer holding a license
or permit to sell alcoholic beverages for on-premises or
off-premises consumption.
(c) A consumer product instruction event must be conducted
during normal business hours, if conducted on a licensed or
permitted premises, and may not exceed three hours in length.
(d) The license or permit holder conducting a consumer
product instruction event may open, touch, pour, and serve malt
beverages.
(e) The license or permit holder conducting the consumer
product instruction event must purchase all malt beverages used in
the event from the retailer. The retailer may not charge the
license or permit holder more than the price the retailer charges a
consumer for the beverages.
(f) A consumer product instruction event may be prearranged
with and preannounced to a retailer. A consumer product
instruction event may not be preannounced to a consumer.
Sec. 108.102. EXPERIENTIAL DINNERS. (a) In this section,
"experiential dinner" means a prescheduled and private event during
which invited consumers and alcoholic beverage retailer employees
of legal drinking age are provided with an opportunity to attend a
dinner for the purpose of:
(1) receiving instruction on pairing malt beverages
with food and the history, quality, characteristics, presentation,
and service of malt beverages;
(2) receiving and tasting malt beverages authorized
for sale in this state; and
(3) receiving entertainment.
(b) Notwithstanding Section 102.07, 102.14, 102.15, or
108.06, or any other provision of this code, a holder of a
manufacturer's license, nonresident manufacturer's license,
brewer's permit, nonresident brewer's permit, nonresident seller's
permit, general distributor's license, local distributor's
license, wholesaler's permit, Class B wholesaler's permit, agent's
beer license, agent's permit, manufacturer's agent's permit, or
promotional permit, or the license or permit holder's agent,
representative, or employee, or any retailer licensed or permitted
for on-premises consumption, may, in order to promote the license
or permit holder's malt beverages, conduct an experiential dinner
at the premises of a retailer holding a license or permit to sell
alcoholic beverages for on-premises consumption.
(c) An experiential dinner must be conducted during normal
business hours, if conducted on a licensed or permitted premises,
and may not exceed five hours in length.
(d) The license or permit holder conducting the instruction
and tasting may open, touch, pour, and serve malt beverages.
(e) The license or permit holder conducting the
experiential dinner must purchase all malt beverages and food used
in the event from the retailer. The retailer may not charge the
license or permit holder more than the price the retailer charges a
consumer for the beverages.
(f) An experiential dinner may be prearranged with,
preannounced to, or conducted jointly with a retailer and the
retailer's employees.
(g) Consumers may be invited to an experiential dinner
through a sweepstakes or any other method chosen by the license or
permit holder conducting the experiential dinner.
(h) The license or permit holder conducting the
experiential dinner may preannounce and advertise the experiential
dinner to consumers. The retailer or the retailer's location may
not be mentioned in that advertising, except that invitees may be
informed of the retail location in an official invitation.
(i) The value of the food, beverages, and entertainment
provided during the experiential dinner may not exceed $150 per
person on any one occasion.
Sec. 108.103. SWEEPSTAKES PRIZE EVENTS. (a) Nothing in
this chapter or this code prohibits a license or permit holder
listed in Section 102.07(a) or a holder of a manufacturer's or
nonresident manufacturer's license or permit or the license or
permit holder's agent, representative, or employee from:
(1) conducting a sweepstakes in which the prize is a
private, promotional event held at the premises of a retailer
holding a license or permit to sell alcoholic beverages for
on-premises consumption for consumer winners and other invited
guests of legal drinking age, including distributors and retailers
and employees of distributors and retailers; and
(2) providing food, beverages, entertainment, and
recreation to the attendees of the event.
(b) The retailer or the retailer's location may not be
mentioned in any advertising for the sweepstakes, except that
invitees may be informed of the retail location in an official
invitation.
Sec. 108.104. PREANNOUNCEMENT OF PROMOTIONAL EVENTS AT
RETAILER PREMISES. Notwithstanding Section 102.15 or any other
provision of this code, a manufacturer or distributor may
prearrange with or preannounce to a retailer a promotional activity
otherwise authorized by this code that is to be held on the
retailer's premises. The promotional activity may not be
preannounced to a consumer.
SECTION 5. This Act takes effect September 1, 2009.