81R27898 MCK-F
By: Gallegos S.B. No. 2558
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. 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.
SECTION 2. This Act takes effect September 1, 2009.