| 1 | 1 | | S.B. No. 711 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | AN ACT |
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| 5 | 5 | | relating to creating a winery festival permit. |
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| 6 | 6 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 7 | 7 | | SECTION 1. Subtitle A, Title 3, Alcoholic Beverage Code, is |
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| 8 | 8 | | amended by adding Chapter 17 to read as follows: |
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| 9 | 9 | | CHAPTER 17. WINERY FESTIVAL PERMIT |
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| 10 | 10 | | Sec. 17.01. AUTHORIZED ACTIVITIES. (a) The holder of a |
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| 11 | 11 | | winery festival permit may sell wine at a civic or wine festival, |
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| 12 | 12 | | farmers' market, celebration, or similar event. |
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| 13 | 13 | | (b) The holder of a winery festival permit may not offer |
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| 14 | 14 | | wine for sale under this chapter: |
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| 15 | 15 | | (1) for more than five days within any 30-day period; |
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| 16 | 16 | | or |
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| 17 | 17 | | (2) on more than three consecutive days at the same |
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| 18 | 18 | | location. |
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| 19 | 19 | | Sec. 17.02. QUALIFICATION FOR PERMIT. A winery festival |
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| 20 | 20 | | permit may be issued only to the holder of a winery permit. |
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| 21 | 21 | | Sec. 17.03. NOTICE OF SALES; PROCEDURES. (a) Before the |
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| 22 | 22 | | holder of a winery festival permit offers wine for sale under this |
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| 23 | 23 | | chapter, the permit holder must, in accordance with any rules |
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| 24 | 24 | | adopted or procedures established by the commission, notify the |
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| 25 | 25 | | commission of the date on which and location where the permit holder |
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| 26 | 26 | | will offer wine for sale under this chapter. |
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| 27 | 27 | | Sec. 17.04. PERMIT FEE. The fee for a winery festival |
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| 28 | 28 | | permit is $50. |
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| 29 | 29 | | Sec. 17.05. APPLICABILITY OF OTHER LAW. (a) The |
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| 30 | 30 | | provisions of this code applicable to the sale of wine on the |
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| 31 | 31 | | permitted premises of the holder of a winery permit apply to the |
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| 32 | 32 | | sale of wine under this chapter. |
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| 33 | 33 | | (b) The winery permit of the holder of a winery festival |
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| 34 | 34 | | permit may be canceled or suspended for a violation occurring in |
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| 35 | 35 | | connection with activities conducted under this chapter. |
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| 36 | 36 | | SECTION 2. This Act takes effect September 1, 2009. |
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| 37 | 37 | | ______________________________ ______________________________ |
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| 38 | 38 | | President of the Senate Speaker of the House |
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| 39 | 39 | | I hereby certify that S.B. No. 711 passed the Senate on |
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| 40 | 40 | | April 2, 2009, by the following vote: Yeas 31, Nays 0. |
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| 41 | 41 | | ______________________________ |
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| 42 | 42 | | Secretary of the Senate |
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| 43 | 43 | | I hereby certify that S.B. No. 711 passed the House on |
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| 44 | 44 | | May 20, 2009, by the following vote: Yeas 134, Nays 0, two |
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| 45 | 45 | | present not voting. |
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| 46 | 46 | | ______________________________ |
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| 47 | 47 | | Chief Clerk of the House |
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| 48 | 48 | | Approved: |
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| 49 | 49 | | ______________________________ |
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| 50 | 50 | | Date |
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| 51 | 51 | | ______________________________ |
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| 52 | 52 | | Governor |
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