Texas 2009 - 81st Regular

Texas Senate Bill SB1556 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R5183 MCK-F
2	2	By: Gallegos S.B. No. 1556
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the promotion and marketing of alcoholic beverages.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 62.01, Alcoholic Beverage Code, is
10	10	amended by adding Subsection (c) to read as follows:
11	11	(c) A manufacturer who holds a sampling event at a
12	12	retailer's premises:
13	13	(1) must notify the distributor in whose territory the
14	14	retail premises is located of the event at least 48 hours before the
15	15	event is scheduled to begin; and
16	16	(2) may charge the distributor not more than 50
17	17	percent of the cost of the event.
18	18	SECTION 2. Section 64.01, Alcoholic Beverage Code, is
19	19	amended by adding Subsection (c) to read as follows:
20	20	(c) The holder of a general distributor's license may
21	21	conduct samplings of beer, including tastings, at a retailer's
22	22	premises. An agent or employee of the holder of a general
23	23	distributor's license may open, touch, or pour beer, make a
24	24	presentation, or answer questions at a sampling event.
25	25	SECTION 3. Section 65.01, Alcoholic Beverage Code, is
26	26	amended by adding Subsection (c) to read as follows:
27	27	(c) The holder of a local distributor's license may conduct
28	28	samplings of beer, including tastings, at a retailer's premises.
29	29	An agent or employee of the holder of a local distributor's license
30	30	may open, touch, or pour beer, make a presentation, or answer
31	31	questions at a sampling event.
32	32	SECTION 4. Chapter 108, Alcoholic Beverage Code, is amended
33	33	by adding Subchapter D to read as follows:
34	34	SUBCHAPTER D. PROMOTIONAL EVENTS
35	35	Sec. 108.101. CONSUMER PRODUCT INSTRUCTION EVENTS. (a) In
36	36	this section, "consumer product instruction event" means a
37	37	prescheduled event during which the license or permit holder
38	38	provides consumers of legal drinking age with one or more malt
39	39	beverages the sale of which is authorized in this state for the
40	40	purposes of providing consumer instruction on the history, quality,
41	41	characteristics, presentation, or serving of the beverages
42	42	provided and allowing consumers to taste the beverages provided.
43	43	(b) Notwithstanding Section 102.07, 102.14, 102.15, or
44	44	108.06, or any other provision of this code, a holder of a
45	45	manufacturer's license, nonresident manufacturer's license,
46	46	brewer's permit, nonresident brewer's permit, nonresident seller's
47	47	permit, general distributor's license, local distributor's
48	48	license, wholesaler's permit, Class B wholesaler's permit, agent's
49	49	beer license, agent's permit, manufacturer's agent's permit, or
50	50	promotional permit, or the license or permit holder's agent,
51	51	representative, or employee, may, in order to promote the license
52	52	or permit holder's malt beverages, conduct consumer product
53	53	instruction events at the premises of a retailer holding a license
54	54	or permit to sell alcoholic beverages for on-premises or
55	55	off-premises consumption.
56	56	(c) A consumer product instruction event must be conducted
57	57	during normal business hours, if conducted on a licensed or
58	58	permitted premises, and may not exceed three hours in length.
59	59	(d) The license or permit holder conducting a consumer
60	60	product instruction event may open, touch, pour, and serve malt
61	61	beverages.
62	62	(e) The license or permit holder conducting the consumer
63	63	product instruction event must purchase all malt beverages used in
64	64	the event from the retailer. The retailer may not charge the
65	65	license or permit holder more than the price the retailer charges a
66	66	consumer for the beverages.
67	67	(f) A consumer product instruction event may be prearranged
68	68	with and preannounced to a retailer. A consumer product
69	69	instruction event may not be preannounced to a consumer.
70	70	Sec. 108.102. EXPERIENTIAL DINNERS. (a) In this section,
71	71	"experiential dinner" means a prescheduled and private event during
72	72	which invited consumers and alcoholic beverage retailer employees
73	73	of legal drinking age are provided with an opportunity to attend a
74	74	dinner for the purpose of:
75	75	(1) receiving instruction on pairing malt beverages
76	76	with food and the history, quality, characteristics, presentation,
77	77	and service of malt beverages;
78	78	(2) receiving and tasting malt beverages authorized
79	79	for sale in this state; and
80	80	(3) receiving entertainment.
81	81	(b) Notwithstanding Section 102.07, 102.14, 102.15, or
82	82	108.06, or any other provision of this code, a holder of a
83	83	manufacturer's license, nonresident manufacturer's license,
84	84	brewer's permit, nonresident brewer's permit, nonresident seller's
85	85	permit, general distributor's license, local distributor's
86	86	license, wholesaler's permit, Class B wholesaler's permit, agent's
87	87	beer license, agent's permit, manufacturer's agent's permit, or
88	88	promotional permit, or the license or permit holder's agent,
89	89	representative, or employee, or any retailer licensed or permitted
90	90	for on-premises consumption, may, in order to promote the license
91	91	or permit holder's malt beverages, conduct an experiential dinner
92	92	at the premises of a retailer holding a license or permit to sell
93	93	alcoholic beverages for on-premises consumption.
94	94	(c) An experiential dinner must be conducted during normal
95	95	business hours, if conducted on a licensed or permitted premises,
96	96	and may not exceed five hours in length.
97	97	(d) The license or permit holder conducting the instruction
98	98	and tasting may open, touch, pour, and serve malt beverages.
99	99	(e) The license or permit holder conducting the
100	100	experiential dinner must purchase all malt beverages and food used
101	101	in the event from the retailer. The retailer may not charge the
102	102	license or permit holder more than the price the retailer charges a
103	103	consumer for the beverages.
104	104	(f) An experiential dinner may be prearranged with,
105	105	preannounced to, or conducted jointly with a retailer and the
106	106	retailer's employees.
107	107	(g) Consumers may be invited to an experiential dinner
108	108	through a sweepstakes or any other method chosen by the license or
109	109	permit holder conducting the experiential dinner.
110	110	(h) The license or permit holder conducting the
111	111	experiential dinner may preannounce and advertise the experiential
112	112	dinner to consumers. The retailer or the retailer's location may
113	113	not be mentioned in that advertising, except that invitees may be
114	114	informed of the retail location in an official invitation.
115	115	(i) The value of the food, beverages, and entertainment
116	116	provided during the experiential dinner may not exceed $150 per
117	117	person on any one occasion.
118	118	Sec. 108.103. SWEEPSTAKES PRIZE EVENTS. (a) Nothing in
119	119	this chapter or this code prohibits a license or permit holder
120	120	listed in Section 102.07(a) or a holder of a manufacturer's or
121	121	nonresident manufacturer's license or permit or the license or
122	122	permit holder's agent, representative, or employee from:
123	123	(1) conducting a sweepstakes in which the prize is a
124	124	private, promotional event held at the premises of a retailer
125	125	holding a license or permit to sell alcoholic beverages for
126	126	on-premises consumption for consumer winners and other invited
127	127	guests of legal drinking age, including distributors and retailers
128	128	and employees of distributors and retailers; and
129	129	(2) providing food, beverages, entertainment, and
130	130	recreation to the attendees of the event.
131	131	(b) The retailer or the retailer's location may not be
132	132	mentioned in any advertising for the sweepstakes, except that
133	133	invitees may be informed of the retail location in an official
134	134	invitation.
135	135	Sec. 108.104. PREANNOUNCEMENT OF PROMOTIONAL EVENTS AT
136	136	RETAILER PREMISES. Notwithstanding Section 102.15 or any other
137	137	provision of this code, a manufacturer or distributor may
138	138	prearrange with or preannounce to a retailer a promotional activity
139	139	otherwise authorized by this code that is to be held on the
140	140	retailer's premises. The promotional activity may not be
141	141	preannounced to a consumer.
142	142	SECTION 5. This Act takes effect September 1, 2009.