By: Nelson S.B. No. 711
(In the Senate - Filed February 6, 2009; February 25, 2009,
read first time and referred to Committee on Business and Commerce;
March 18, 2009, reported favorably by the following vote: Yeas 5,
Nays 0; March 18, 2009, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to creating a winery festival permit.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle A, Title 3, Alcoholic Beverage Code, is
amended by adding Chapter 17 to read as follows:
CHAPTER 17. WINERY FESTIVAL PERMIT
Sec. 17.01. AUTHORIZED ACTIVITIES. (a) The holder of a
winery festival permit may sell wine at a civic or wine festival,
farmers' market, celebration, or similar event.
(b) The holder of a winery festival permit may not offer
wine for sale under this chapter:
(1) for more than five days within any 30-day period;
or
(2) on more than three consecutive days at the same
location.
Sec. 17.02. QUALIFICATION FOR PERMIT. A winery festival
permit may be issued only to the holder of a winery permit.
Sec. 17.03. NOTICE OF SALES; PROCEDURES. (a) Before the
holder of a winery festival permit offers wine for sale under this
chapter, the permit holder must, in accordance with any rules
adopted or procedures established by the commission, notify the
commission of the date on which and location where the permit holder
will offer wine for sale under this chapter.
Sec. 17.04. PERMIT FEE. The fee for a winery festival
permit is $50.
Sec. 17.05. APPLICABILITY OF OTHER LAW. (a) The
provisions of this code applicable to the sale of wine on the
permitted premises of the holder of a winery permit apply to the
sale of wine under this chapter.
(b) The winery permit of the holder of a winery festival
permit may be canceled or suspended for a violation occurring in
connection with activities conducted under this chapter.
SECTION 2. This Act takes effect September 1, 2009.
* * * * *