| 1 | 1 | | By: Deuell S.B. No. 923 |
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| 2 | 2 | | (Phillips) |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to creating a branch winery permit. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Subsection (d), Section 11.39, Alcoholic |
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| 10 | 10 | | Beverage Code, is amended to read as follows: |
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| 11 | 11 | | (d) This section does not apply to an applicant for a daily |
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| 12 | 12 | | temporary mixed beverage permit, a branch winery permit, or a |
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| 13 | 13 | | caterer's permit. |
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| 14 | 14 | | SECTION 2. Sections 16.01, 16.011, 16.02, 16.03, 16.04, |
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| 15 | 15 | | 16.05, 16.06, 16.07, 16.08, and 16.09, Alcoholic Beverage Code, are |
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| 16 | 16 | | designated as Subchapter A, Chapter 16, Alcoholic Beverage Code, |
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| 17 | 17 | | and a heading is added to Subchapter A to read as follows: |
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| 18 | 18 | | SUBCHAPTER A. WINERY PERMIT |
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| 19 | 19 | | SECTION 3. Chapter 16, Alcoholic Beverage Code, is amended |
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| 20 | 20 | | by adding Subchapter B to read as follows: |
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| 21 | 21 | | SUBCHAPTER B. BRANCH WINERY PERMIT |
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| 22 | 22 | | Sec. 16.21. AUTHORIZED ACTIVITIES. The holder of a branch |
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| 23 | 23 | | winery permit may engage in the same activities as the holder of a |
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| 24 | 24 | | winery permit. |
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| 25 | 25 | | Sec. 16.22. FEE. The annual state fee for a branch winery |
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| 26 | 26 | | permit is $75. |
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| 27 | 27 | | Sec. 16.23. BOND NOT REQUIRED. An applicant for a branch |
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| 28 | 28 | | winery permit is not required to file a bond. |
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| 29 | 29 | | Sec. 16.24. ISSUANCE OF LICENSE. A branch winery permit may |
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| 30 | 30 | | be issued only: |
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| 31 | 31 | | (1) to the holder of a winery permit who also holds a |
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| 32 | 32 | | federal winemaker's and blender's basic permit that regulates |
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| 33 | 33 | | noncontiguous premises; and |
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| 34 | 34 | | (2) for the noncontiguous premises regulated by the |
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| 35 | 35 | | federal winemaker's and blender's basic permit that are not the |
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| 36 | 36 | | winery permit holder's primary place of business. |
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| 37 | 37 | | Sec. 16.25. EXPIRATION OF PERMIT. A branch winery permit |
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| 38 | 38 | | expires on the same date as the holder's winery permit. |
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| 39 | 39 | | Sec. 16.26. APPLICATION. An application for an original or |
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| 40 | 40 | | renewal branch winery permit may be made concurrently with the |
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| 41 | 41 | | application for an original or renewal winery permit or at any other |
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| 42 | 42 | | time. |
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| 43 | 43 | | SECTION 4. This Act takes effect September 1, 2011. |
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