Texas 2009 - 81st Regular

Texas Senate Bill SB2523 Compare Versions

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1	1	By: Williams S.B. No. 2523
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the possession and consumption of wine on the premises
7	7	of a mixed beverage or private club permittee; providing for
8	8	separate statement of the mixed beverage tax.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 28.06, Alcoholic Beverage Code, is
11	11	amended to read as follows:
12	12	Sec. 28.06. POSSESSION OF ALCOHOLIC BEVERAGE NOT COVERED BY
13	13	INVOICE. (a) Except as provided by Subsection (e), no [No] holder
14	14	of a mixed beverage permit, nor any officer, agent, or employee of a
15	15	holder, may possess or permit to be possessed on the premises for
16	16	which the permit is issued any alcoholic beverage which is not
17	17	covered by an invoice from the supplier from whom the alcoholic
18	18	beverage was purchased.
19	19	(b) A person who violates Subsection (a) of this section
20	20	commits a misdemeanor punishable by a fine of not more than $1,000
21	21	or by confinement in the county jail for no more than 30 days or by
22	22	both.
23	23	(c) Except as provided by Subsection (e), no [No] holder of
24	24	a mixed beverage permit, nor any officer, agent, or employee of a
25	25	holder, may knowingly possess or permit to be possessed on the
26	26	licensed premises any alcoholic beverage which is not covered by an
27	27	invoice from the supplier from whom the alcoholic beverage was
28	28	purchased.
29	29	(d) A person who violates Subsection (c) of this section
30	30	commits a misdemeanor punishable by a fine of not less than $500 nor
31	31	more than $1,000 and by confinement in the county jail for not less
32	32	than 30 days nor more than two years. The commission or
33	33	administrator shall cancel the permit of any permittee found by the
34	34	commission or administrator, after notice and hearing, to have
35	35	violated or to have been convicted of violating Subsection (c) of
36	36	this section.
37	37	(e) The holder of a mixed beverage permit, or any officer,
38	38	agent, or employee of a holder, may permit a person to possess and
39	39	consume wine brought onto the premises by the person. The holder of
40	40	a mixed beverage permit may charge the person a corkage fee for the
41	41	person's consumption of wine on the premises and may provide for
42	42	service of the wine to the person and the person's guests. A fee
43	43	charged under this subsection is subject to the mixed beverage tax.
44	44	SECTION 2. Subsection (b), Section 28.10, Alcoholic
45	45	Beverage Code, is amended to read as follows:
46	46	(b) A mixed beverage permittee may not permit any person to
47	47	take any alcoholic beverage purchased on the licensed premises from
48	48	the premises where sold, except that:
49	49	(1) a person who orders wine with food and has a
50	50	portion of the open container remaining may remove the open
51	51	container of wine from the premises; [and]
52	52	(2) a mixed beverage permittee who also holds a
53	53	brewpub license may sell or offer without charge on the premises of
54	54	the brewpub, to an ultimate consumer for consumption on or off the
55	55	premises, malt liquor, ale, or beer produced by the permittee, in or
56	56	from a lawful container in an amount that does not exceed one-half
57	57	barrel, provided that the aggregate amount of malt liquor, ale, and
58	58	beer removed from the premises under this subdivision does not
59	59	exceed 1,000 barrels annually; and
60	60	(3) a person who has brought wine onto the premises may
61	61	remove the wine from the premises.
62	62	SECTION 3. Section 32.15, Alcoholic Beverage Code, is
63	63	amended to read as follows:
64	64	Sec. 32.15. POSSESSION ON AND REMOVAL OF BEVERAGES FROM
65	65	PREMISES. (a) A private club may permit a person to possess and
66	66	consume wine brought onto the premises by the person. A private
67	67	club may charge the person a corkage fee for the person's
68	68	consumption of wine on the premises and may provide for service of
69	69	the wine to the person and the person's guests. A fee charged under
70	70	this subsection is subject to the mixed beverage tax.
71	71	(b) A private club, irrespective of location or system of
72	72	storage of alcoholic beverages, may not permit any person to remove
73	73	any alcoholic beverages from the club premises, except as
74	74	authorized by Subsection (b) of Section 28.10 of this code.
75	75	SECTION 4. Subchapter B, Chapter 183, Tax Code, is amended
76	76	by adding Section 183.0212 to read as follows:
77	77	Sec. 183.0212. SEPARATE STATEMENT OF TAX. A permittee may
78	78	print on an invoice, billing, sales slip, or ticket for the purchase
79	79	of an item subject to taxation under this chapter a separate
80	80	statement of the amount of tax imposed under this chapter.
81	81	SECTION 5. This Act takes effect September 1, 2009.