By: Fraser S.B. No. 995
(In the Senate - Filed February 28, 2011; March 8, 2011,
read first time and referred to Committee on Business and Commerce;
May 9, 2011, reported favorably by the following vote: Yeas 7,
Nays 0; May 9, 2011, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the sale of souvenir bottles of distilled spirits by the
holder of a distiller's and rectifier's permit.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsection (a), Section 14.01, Alcoholic
Beverage Code, is amended to read as follows:
(a) The holder of a distiller's and rectifier's permit may:
(1) manufacture distilled spirits;
(2) rectify, purify, and refine distilled spirits and
wines;
(3) mix wines, distilled spirits, or other liquors;
(4) bottle, label, and package the permit holder's
finished products;
(5) sell the finished products in this state to
holders of wholesaler's permits and to qualified persons outside
the state;
(6) import distilled spirits, to be used only for
manufacturing or rectification purposes, from holders of
nonresident seller's permits; [and]
(7) dispense free distilled spirits for consumption on
the permitted premises; and
(8) sell souvenir bottles of distilled spirits to
ultimate consumers for off-premises consumption in accordance with
Section 14.05.
SECTION 2. Chapter 14, Alcoholic Beverage Code, is amended
by adding Section 14.05 to read as follows:
Sec. 14.05. SOUVENIR BOTTLE SALES. (a) The holder of a
distiller's and rectifier's permit whose premises are located in an
area where the sale of distilled spirits is legal may sell souvenir
bottles of distilled spirits manufactured or bottled on the
permitted premises to ultimate consumers in unbroken packages for
off-premises consumption.
(b) A consumer may not purchase more than one souvenir
bottle per visit of each brand of distilled spirits manufactured or
bottled on the permitted premises.
(c) A permit holder may not sell more than 50,000 gallons of
distilled spirits under this section annually.
(d) Distilled spirits sold under this section must be sold
in container sizes that meet commission rules and that are labeled,
stamped, or otherwise designed differently than the containers the
permittee sells to wholesalers.
(e) A person authorized to sell distilled spirits under this
section may not sell a souvenir bottle of distilled spirits to a
minor or to an obviously intoxicated person.
SECTION 3. This Act takes effect September 1, 2011.
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