By: Williams S.B. No. 2523
(In the Senate - Filed April 14, 2009; April 15, 2009, read
first time and referred to Committee on Administration;
April 22, 2009, reported favorably by the following vote: Yeas 4,
Nays 0; April 22, 2009, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the possession and consumption of wine on the premises
of a mixed beverage or private club permittee; providing for
separate statement of the mixed beverage tax.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 28.06, Alcoholic Beverage Code, is
amended to read as follows:
Sec. 28.06. POSSESSION OF ALCOHOLIC BEVERAGE NOT COVERED BY
INVOICE. (a) Except as provided by Subsection (e), no [No] holder
of a mixed beverage permit, nor any officer, agent, or employee of a
holder, may possess or permit to be possessed on the premises for
which the permit is issued any alcoholic beverage which is not
covered by an invoice from the supplier from whom the alcoholic
beverage was purchased.
(b) A person who violates Subsection (a) of this section
commits a misdemeanor punishable by a fine of not more than $1,000
or by confinement in the county jail for no more than 30 days or by
both.
(c) Except as provided by Subsection (e), no [No] holder of
a mixed beverage permit, nor any officer, agent, or employee of a
holder, may knowingly possess or permit to be possessed on the
licensed premises any alcoholic beverage which is not covered by an
invoice from the supplier from whom the alcoholic beverage was
purchased.
(d) A person who violates Subsection (c) of this section
commits a misdemeanor punishable by a fine of not less than $500 nor
more than $1,000 and by confinement in the county jail for not less
than 30 days nor more than two years. The commission or
administrator shall cancel the permit of any permittee found by the
commission or administrator, after notice and hearing, to have
violated or to have been convicted of violating Subsection (c) of
this section.
(e) The holder of a mixed beverage permit, or any officer,
agent, or employee of a holder, may permit a person to possess and
consume wine brought onto the premises by the person. The holder of
a mixed beverage permit may charge the person a corkage fee for the
person's consumption of wine on the premises and may provide for
service of the wine to the person and the person's guests. A fee
charged under this subsection is subject to the mixed beverage tax.
SECTION 2. Subsection (b), Section 28.10, Alcoholic
Beverage Code, is amended to read as follows:
(b) A mixed beverage permittee may not permit any person to
take any alcoholic beverage purchased on the licensed premises from
the premises where sold, except that:
(1) a person who orders wine with food and has a
portion of the open container remaining may remove the open
container of wine from the premises; [and]
(2) a mixed beverage permittee who also holds a
brewpub license may sell or offer without charge on the premises of
the brewpub, to an ultimate consumer for consumption on or off the
premises, malt liquor, ale, or beer produced by the permittee, in or
from a lawful container in an amount that does not exceed one-half
barrel, provided that the aggregate amount of malt liquor, ale, and
beer removed from the premises under this subdivision does not
exceed 1,000 barrels annually; and
(3) a person who has brought wine onto the premises may
remove the wine from the premises.
SECTION 3. Section 32.15, Alcoholic Beverage Code, is
amended to read as follows:
Sec. 32.15. POSSESSION ON AND REMOVAL OF BEVERAGES FROM
PREMISES. (a) A private club may permit a person to possess and
consume wine brought onto the premises by the person. A private
club may charge the person a corkage fee for the person's
consumption of wine on the premises and may provide for service of
the wine to the person and the person's guests. A fee charged under
this subsection is subject to the mixed beverage tax.
(b) A private club, irrespective of location or system of
storage of alcoholic beverages, may not permit any person to remove
any alcoholic beverages from the club premises, except as
authorized by Subsection (b) of Section 28.10 of this code.
SECTION 4. Subchapter B, Chapter 183, Tax Code, is amended
by adding Section 183.0212 to read as follows:
Sec. 183.0212. SEPARATE STATEMENT OF TAX. A permittee may
print on an invoice, billing, sales slip, or ticket for the purchase
of an item subject to taxation under this chapter a separate
statement of the amount of tax imposed under this chapter.
SECTION 5. This Act takes effect September 1, 2009.
* * * * *