81R4342 MCK-D
By: Averitt S.B. No. 2232
A BILL TO BE ENTITLED
AN ACT
relating to the Texas Alcoholic Beverage Commission's authority to
regulate certain nonalcoholic beverage business activities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 5.31, Alcoholic Beverage Code, is
amended by adding Subsection (c) to read as follows:
(c) The commission may regulate the nonalcoholic beverage
business or business activities of a wholesale permit holder under
this code only to the extent that those activities are directly
related to the possession, purchase, sale, distribution,
marketing, or promotion of alcoholic beverages.
SECTION 2. Section 19.01, Alcoholic Beverage Code, is
amended to read as follows:
Sec. 19.01. AUTHORIZED ACTIVITIES. (a) The holder of a
wholesaler's permit may:
(1) purchase and import liquor from distillers,
brewers, wineries, wine bottlers, rectifiers, and manufacturers
who are holders of nonresident seller's permits or from their
agents who hold manufacturer's agents permits;
(2) purchase liquor from other wholesalers in the
state;
(3) sell liquor in the original containers in which it
is received to retailers and wholesalers in this state authorized
to sell the liquor; and
(4) sell liquor to qualified persons outside the
state.
(b) Notwithstanding Sections 102.04 and 102.07 or any other
provision of this code, the holder of a wholesaler's permit may sell
to any other permit holder nonalcoholic products used in the sale or
dispensing of alcoholic beverages, including any equipment,
fixtures, glassware, or supplies, provided that those items are not
sold or marketed in a manner to:
(1) influence a permit holder to purchase any quantity
of alcoholic beverages; or
(2) affect the terms by which a retailer may purchase
alcoholic beverages.
(c) The holder of a wholesaler's permit may sell to any
other permit or license holder nonalcoholic beverages provided that
the nonalcoholic beverages are not sold or marketed in a manner to:
(1) influence a permit or license holder to purchase
any quantity of alcoholic beverages; or
(2) affect the terms by which a retailer may purchase
alcoholic beverages.
SECTION 3. Section 20.01, Alcoholic Beverage Code, is
amended to read as follows:
Sec. 20.01. AUTHORIZED ACTIVITIES. (a) The holder of a
general class B wholesaler's permit may:
(1) purchase and import malt and vinous liquors from
brewers, wineries, rectifiers, and wine manufacturers and wine
bottlers who are the holders of nonresident seller's permits or
their agents who are holders of manufacturer's agent permits;
(2) purchase malt and vinous liquors from holders of
brewer's permits or other wholesalers in the state;
(3) sell the malt and vinous liquors in the original
containers in which they are received to retailers and wholesalers
authorized to sell them in this state, including holders of local
distributor's permits, mixed beverage permits, and daily temporary
mixed beverage permits; and
(4) sell the malt and vinous liquors to qualified
persons outside the state.
(b) Notwithstanding Sections 102.04 and 102.07 or any other
provision of this code, the holder of a general class B wholesaler's
permit may sell to any other permit holder nonalcoholic products
used in the sale or dispensing of alcoholic beverages, including
any equipment, fixtures, glassware, or supplies, provided that
those items are not sold or marketed in a manner to:
(1) influence a permit holder to purchase any quantity
of alcoholic beverages; or
(2) affect the terms by which a retailer may purchase
alcoholic beverages.
(c) The holder of a general class B wholesaler's permit may
sell to any other permit or license holder nonalcoholic beverages
provided that the nonalcoholic beverages are not sold or marketed
in a manner to:
(1) influence a permit or license holder to purchase
any quantity of alcoholic beverages; or
(2) affect the terms by which a retailer may purchase
alcoholic beverages.
SECTION 4. Section 21.01, Alcoholic Beverage Code, is
amended to read as follows:
Sec. 21.01. AUTHORIZED ACTIVITIES. (a) The holder of a
local class B wholesaler's permit may:
(1) purchase and import malt and vinous liquors from
brewers, wineries, rectifiers, and wine manufacturers and bottlers
who are holders of nonresident seller's permits and from their
agents who are holders of manufacturer's agent permits;
(2) purchase malt and vinous liquors from holders of
brewer's permits and from other wholesalers in the state; and
(3) sell the malt and vinous liquors, in the original
containers in which he receives them, to general and local class B
wholesaler's permittees and, in his county of residence, to local
distributor's permittees and retailers, including mixed beverage
permittees and daily temporary mixed beverage permittees.
(b) Notwithstanding Sections 102.04 and 102.07 or any other
provision of this code, the holder of a local class B wholesaler's
permit may sell to any other permit holder nonalcoholic products
used in the sale or dispensing of alcoholic beverages, including
any equipment, fixtures, glassware, or supplies, provided that
those items are not sold or marketed in a manner to:
(1) influence a permit holder to purchase any quantity
of alcoholic beverages; or
(2) affect the terms by which a retailer may purchase
alcoholic beverages.
(c) The holder of a local class B wholesaler's permit may
sell to any other permit or license holder nonalcoholic beverages
provided that the nonalcoholic beverages are not sold or marketed
in a manner to:
(1) influence a permit or license holder to purchase
any quantity of alcoholic beverages; or
(2) affect the terms by which a retailer may purchase
alcoholic beverages.
SECTION 5. 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 sell
to any other permit or license holder nonalcoholic beverages
provided that the nonalcoholic beverages are not sold or marketed
in a manner to:
(1) influence a permit or license holder to purchase
any quantity of alcoholic beverages; or
(2) affect the terms by which a retailer may purchase
alcoholic beverages.
SECTION 6. 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 sell to
any other permit or license holder nonalcoholic beverages provided
that the nonalcoholic beverages are not sold or marketed in a manner
to:
(1) influence a permit or license holder to purchase
any quantity of alcoholic beverages; or
(2) affect the terms by which a retailer may purchase
alcoholic beverages.
SECTION 7. This Act takes effect September 1, 2009.