83R686 MCK-F
By: Menendez H.B. No. 34
A BILL TO BE ENTITLED
AN ACT
relating to the consumption of alcoholic beverages on certain
premises; providing a penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle A, Title 3, Alcoholic Beverage Code, is
amended by adding Chapter 56 to read as follows:
CHAPTER 56. ON-PREMISES CONSUMPTION ONLY PERMIT
Sec. 56.01. AUTHORIZED ACTIVITIES. The holder of an
on-premises consumption only permit may allow a person to:
(1) consume alcoholic beverages on the permitted
premises; and
(2) bring alcoholic beverages onto or possess
alcoholic beverages on the permitted premises for the purpose of
consumption by the person on the permitted premises.
Sec. 56.02. ON-PREMISES CONSUMPTION ONLY PERMIT REQUIRED.
A person is required to obtain a permit under this chapter if the
person:
(1) operates a commercial establishment described by
Section 243.002, Local Government Code, other than an establishment
exempt from regulation under Chapter 243, Local Government Code;
(2) allows persons to:
(A) consume alcoholic beverages on the
establishment's premises; or
(B) bring alcoholic beverages onto or possess
alcoholic beverages on the establishment's premises for the purpose
of consumption on the establishment's premises; and
(3) is not covered by or required to be covered by a
license or permit under this code authorizing the sale or service of
alcoholic beverages.
Sec. 56.03. FEE. The annual state fee for an on-premises
consumption only permit is $3,000.
Sec. 56.04. PUBLIC PLACE. A commercial establishment that
is required to hold a permit under this chapter is a public place.
Sec. 56.05. PENALTY. (a) A person who operates a
commercial establishment or that person's agent commits an offense
if:
(1) the person or that person's agent allows a person
to:
(A) consume alcoholic beverages on the
establishment's premises; or
(B) bring alcoholic beverages onto or possess
alcoholic beverages on the establishment's premises for the purpose
of consumption on the establishment's premises;
(2) the establishment is required to be covered by an
on-premises consumption only permit under this chapter; and
(3) the establishment is not covered by an on-premises
consumption only permit under this chapter.
(b) An offense under this section is a Class C misdemeanor,
except that the offense is a:
(1) Class B misdemeanor if it is shown on the trial of
the offense that the person has previously been convicted of an
offense under this section one time; or
(2) Class A misdemeanor if it is shown on the trial of
the offense that the person has previously been convicted of an
offense under this section two or more times.
SECTION 2. On or before November 1, 2013, the Texas
Alcoholic Beverage Commission shall adopt all rules necessary to
implement Chapter 56, Alcoholic Beverage Code, as added by this
Act.
SECTION 3. (a) Except as provided by Subsection (b) of this
section, this Act takes effect September 1, 2013.
(b) Section 56.05, Alcoholic Beverage Code, as added by this
Act, takes effect January 1, 2014.