BILL ANALYSIS Senate Research Center S.B. 890 82R8545 MCK-F By: Carona Business & Commerce 3/7/2011 As Filed
BILL ANALYSIS
Senate Research Center S.B. 890
82R8545 MCK-F By: Carona
Business & Commerce
3/7/2011
As Filed
Senate Research Center
S.B. 890
82R8545 MCK-F
By: Carona
Business & Commerce
3/7/2011
As Filed
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT Wine kegs are increasingly being used by restaurants and other establishments for by-the-glass pours. These dispensers have coils that need to be maintained. Kegs need to be replaced more frequently when the coils have not been cleaned. While the wholesaler retains ownership of the wine keg used at the establishments, statute prevents them from entering the establishment to clean and maintain them. The proposed legislation amends Section 108.042, Alcoholic Beverage Code, to allow the holder of a wholesaler's, general class B wholesaler's, or local class B wholesaler's permit or the permit holder's agent to perform the cleaning and maintenance of coil connections for the dispensing of wine. As proposed, S.B. 890 amends current law relating to certain promotional activities for certain alcoholic beverage permit holders. RULEMAKING AUTHORITY Rulemaking authority is expressly granted to the Texas Alcoholic Beverage Commission in SECTION 1 (Section 108.042, Alcoholic Beverage Code) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subchapter A, Chapter 108, Alcoholic Beverage Code, by adding Section 108.042, as follows: Sec. 108.042. ACTS OF PROMOTIONAL OR COURTESY NATURE: WINE DISPENSING. Requires the Texas Alcoholic Beverage Commission (TABC) to adopt rules that set definite limitations consistent with general provisions of this code, relaxing the restrictions of Section 102.07 (Prohibited Dealings with Retailer or Consumer) to allow the holder of a wholesaler's, general class B wholesaler's, or local class B wholesaler's permit or the permit holder's agent to perform the cleaning and maintenance of coil connections for the dispensing of wine. SECTION 2. Effective date: September 1, 2011.
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
Wine kegs are increasingly being used by restaurants and other establishments for by-the-glass pours. These dispensers have coils that need to be maintained. Kegs need to be replaced more frequently when the coils have not been cleaned. While the wholesaler retains ownership of the wine keg used at the establishments, statute prevents them from entering the establishment to clean and maintain them.
The proposed legislation amends Section 108.042, Alcoholic Beverage Code, to allow the holder of a wholesaler's, general class B wholesaler's, or local class B wholesaler's permit or the permit holder's agent to perform the cleaning and maintenance of coil connections for the dispensing of wine.
As proposed, S.B. 890 amends current law relating to certain promotional activities for certain alcoholic beverage permit holders.
RULEMAKING AUTHORITY
Rulemaking authority is expressly granted to the Texas Alcoholic Beverage Commission in SECTION 1 (Section 108.042, Alcoholic Beverage Code) of this bill.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Subchapter A, Chapter 108, Alcoholic Beverage Code, by adding Section 108.042, as follows:
Sec. 108.042. ACTS OF PROMOTIONAL OR COURTESY NATURE: WINE DISPENSING. Requires the Texas Alcoholic Beverage Commission (TABC) to adopt rules that set definite limitations consistent with general provisions of this code, relaxing the restrictions of Section 102.07 (Prohibited Dealings with Retailer or Consumer) to allow the holder of a wholesaler's, general class B wholesaler's, or local class B wholesaler's permit or the permit holder's agent to perform the cleaning and maintenance of coil connections for the dispensing of wine.
SECTION 2. Effective date: September 1, 2011.