By: Deuell S.B. No. 923
(Phillips)
A BILL TO BE ENTITLED
AN ACT
relating to creating a branch winery permit.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsection (d), Section 11.39, Alcoholic
Beverage Code, is amended to read as follows:
(d) This section does not apply to an applicant for a daily
temporary mixed beverage permit, a branch winery permit, or a
caterer's permit.
SECTION 2. Sections 16.01, 16.011, 16.02, 16.03, 16.04,
16.05, 16.06, 16.07, 16.08, and 16.09, Alcoholic Beverage Code, are
designated as Subchapter A, Chapter 16, Alcoholic Beverage Code,
and a heading is added to Subchapter A to read as follows:
SUBCHAPTER A. WINERY PERMIT
SECTION 3. Chapter 16, Alcoholic Beverage Code, is amended
by adding Subchapter B to read as follows:
SUBCHAPTER B. BRANCH WINERY PERMIT
Sec. 16.21. AUTHORIZED ACTIVITIES. The holder of a branch
winery permit may engage in the same activities as the holder of a
winery permit.
Sec. 16.22. FEE. The annual state fee for a branch winery
permit is $75.
Sec. 16.23. BOND NOT REQUIRED. An applicant for a branch
winery permit is not required to file a bond.
Sec. 16.24. ISSUANCE OF LICENSE. A branch winery permit may
be issued only:
(1) to the holder of a winery permit who also holds a
federal winemaker's and blender's basic permit that regulates
noncontiguous premises; and
(2) for the noncontiguous premises regulated by the
federal winemaker's and blender's basic permit that are not the
winery permit holder's primary place of business.
Sec. 16.25. EXPIRATION OF PERMIT. A branch winery permit
expires on the same date as the holder's winery permit.
Sec. 16.26. APPLICATION. An application for an original or
renewal branch winery permit may be made concurrently with the
application for an original or renewal winery permit or at any other
time.
SECTION 4. This Act takes effect September 1, 2011.