S.B. No. 2558
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. PRODUCT INSTRUCTION EVENTS. (a) In this
section, "product instruction event" means a prescheduled public or
private event for the purpose of promoting one or more malt
beverages the sale of which is authorized in this state during which
the license or permit holder provides instruction to consumers and
retailers' employees of legal drinking age on the history, quality,
characteristics, presentation, or serving of the malt beverages by:
(1) allowing the consumers and employees to taste the
malt beverages; and
(2) informing the consumers and employees about the
types of food with which the malt beverages could be paired.
(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, or manufacturer's agent's 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 product instruction events:
(1) at the premises of a retailer holding a license or
permit to sell alcoholic beverages for on-premises or off-premises
consumption; and
(2) on a brand-identified promotional vehicle that is
owned, rented, or leased by the license or permit holder conducting
the event while the vehicle is located on the premises of a retailer
described by Subdivision (1).
(c) A product instruction event must be conducted during
normal business hours and may not exceed four hours in length.
(d) The license or permit holder conducting a product
instruction event may open, touch, pour, and serve only malt
beverages that the license or permit holder manufactures or is
authorized to distribute.
(e) The license or permit holder conducting the 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 product instruction event may be prearranged with and
preannounced to a retailer. A product instruction event may not be
preannounced to a consumer.
(g) A retailer may host not more than two product
instruction events each calendar year.
SECTION 2. This Act takes effect September 1, 2009.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 2558 passed the Senate on
May 13, 2009, by the following vote: Yeas 29, Nays 2.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 2558 passed the House on
May 26, 2009, by the following vote: Yeas 142, Nays 0, two
present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor