Texas 2009 - 81st Regular

Texas Senate Bill SB2558 Compare Versions

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1	1	S.B. No. 2558
2	2
3	3
4	4	AN ACT
5	5	relating to the promotion and marketing of alcoholic beverages.
6	6	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
7	7	SECTION 1. Chapter 108, Alcoholic Beverage Code, is amended
8	8	by adding Subchapter D to read as follows:
9	9	SUBCHAPTER D. PROMOTIONAL EVENTS
10	10	Sec. 108.101. PRODUCT INSTRUCTION EVENTS. (a) In this
11	11	section, "product instruction event" means a prescheduled public or
12	12	private event for the purpose of promoting one or more malt
13	13	beverages the sale of which is authorized in this state during which
14	14	the license or permit holder provides instruction to consumers and
15	15	retailers' employees of legal drinking age on the history, quality,
16	16	characteristics, presentation, or serving of the malt beverages by:
17	17	(1) allowing the consumers and employees to taste the
18	18	malt beverages; and
19	19	(2) informing the consumers and employees about the
20	20	types of food with which the malt beverages could be paired.
21	21	(b) Notwithstanding Section 102.07, 102.14, 102.15, or
22	22	108.06, or any other provision of this code, a holder of a
23	23	manufacturer's license, nonresident manufacturer's license,
24	24	brewer's permit, nonresident brewer's permit, nonresident seller's
25	25	permit, general distributor's license, local distributor's
26	26	license, wholesaler's permit, Class B wholesaler's permit, agent's
27	27	beer license, agent's permit, or manufacturer's agent's permit, or
28	28	the license or permit holder's agent, representative, or employee,
29	29	may, in order to promote the license or permit holder's malt
30	30	beverages, conduct product instruction events:
31	31	(1) at the premises of a retailer holding a license or
32	32	permit to sell alcoholic beverages for on-premises or off-premises
33	33	consumption; and
34	34	(2) on a brand-identified promotional vehicle that is
35	35	owned, rented, or leased by the license or permit holder conducting
36	36	the event while the vehicle is located on the premises of a retailer
37	37	described by Subdivision (1).
38	38	(c) A product instruction event must be conducted during
39	39	normal business hours and may not exceed four hours in length.
40	40	(d) The license or permit holder conducting a product
41	41	instruction event may open, touch, pour, and serve only malt
42	42	beverages that the license or permit holder manufactures or is
43	43	authorized to distribute.
44	44	(e) The license or permit holder conducting the product
45	45	instruction event must purchase all malt beverages used in the
46	46	event from the retailer. The retailer may not charge the license or
47	47	permit holder more than the price the retailer charges a consumer
48	48	for the beverages.
49	49	(f) A product instruction event may be prearranged with and
50	50	preannounced to a retailer. A product instruction event may not be
51	51	preannounced to a consumer.
52	52	(g) A retailer may host not more than two product
53	53	instruction events each calendar year.
54	54	SECTION 2. This Act takes effect September 1, 2009.
55	55	______________________________ ______________________________
56	56	President of the Senate Speaker of the House
57	57	I hereby certify that S.B. No. 2558 passed the Senate on
58	58	May 13, 2009, by the following vote: Yeas 29, Nays 2.
59	59	______________________________
60	60	Secretary of the Senate
61	61	I hereby certify that S.B. No. 2558 passed the House on
62	62	May 26, 2009, by the following vote: Yeas 142, Nays 0, two
63	63	present not voting.
64	64	______________________________
65	65	Chief Clerk of the House
66	66	Approved:
67	67	______________________________
68	68	Date
69	69	______________________________
70	70	Governor