Texas 2013 - 83rd Regular

Texas House Bill HB3502 Compare Versions

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1	1	83R4763 MCK-D
2	2	By: Smith H.B. No. 3502
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to certain activities for the promotion and marketing of
8	8	beer.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 108, Alcoholic Beverage Code, is amended
11	11	by adding Subchapter D to read as follows:
12	12	SUBCHAPTER D. PROMOTIONAL EVENTS
13	13	Sec. 108.101. EXPERIENTIAL DINNERS. (a) In this section,
14	14	"experiential dinner" means a prescheduled and private event during
15	15	which invited consumers and alcoholic beverage retailer employees
16	16	of legal drinking age are provided with an opportunity to attend a
17	17	dinner for the purpose of:
18	18	(1) receiving instruction on pairing beer with food
19	19	and the history, quality, characteristics, presentation, and
20	20	service of beer;
21	21	(2) tasting beer authorized for sale in this state and
22	22	food pairings; and
23	23	(3) being entertained by the license or permit holder
24	24	conducting the event or a person retained by the license or permit
25	25	holder.
26	26	(b) Notwithstanding Section 102.07, 102.14, 102.15, or
27	27	108.06, or any other provision of this code, a holder of a
28	28	manufacturer's license, nonresident manufacturer's license,
29	29	general distributor's license, local distributor's license, agent's
30	30	beer license, or promotional permit, or the license or permit
31	31	holder's agent, representative, or employee, or any retailer
32	32	licensed or permitted for on-premises consumption, may conduct an
33	33	experiential dinner at the premises of a retailer holding a license
34	34	or permit to sell alcoholic beverages for on-premises consumption.
35	35	The retailer shall be compensated for the fair market value of the
36	36	services provided by the retailer.
37	37	(c) An experiential dinner must be conducted during normal
38	38	business hours and may not exceed five hours in length.
39	39	(d) The license or permit holder conducting the
40	40	experiential dinner or the license or permit holder's agent,
41	41	representative, or employee may open, touch, pour, and serve beer.
42	42	(e) The license or permit holder conducting the
43	43	experiential dinner must purchase all beer and food used in the
44	44	event from the retailer. The retailer may not charge the license or
45	45	permit holder more than the price the retailer charges a consumer
46	46	for the beer and food.
47	47	(f) An experiential dinner may be prearranged and conducted
48	48	jointly with a retailer and the retailer's employees.
49	49	(g) Consumers may be invited to an experiential dinner
50	50	through any method chosen by the license or permit holder
51	51	conducting the experiential dinner.
52	52	(h) The license or permit holder conducting the
53	53	experiential dinner may preannounce and advertise the experiential
54	54	dinner to consumers. The retailer's name and address may not be
55	55	mentioned in the advertising, except that invitees may be informed
56	56	of the retail location in an official invitation.
57	57	(i) The value of the food, beer, and entertainment provided
58	58	during the experiential dinner may not exceed $150 per person on any
59	59	one occasion.
60	60	SECTION 2. This Act takes effect September 1, 2013.