83R4763 MCK-D
By: Smith H.B. No. 3502
A BILL TO BE ENTITLED
AN ACT
relating to certain activities for the promotion and marketing of
beer.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 108, Alcoholic Beverage Code, is amended
by adding Subchapter D to read as follows:
SUBCHAPTER D. PROMOTIONAL EVENTS
Sec. 108.101. EXPERIENTIAL DINNERS. (a) In this section,
"experiential dinner" means a prescheduled and private event during
which invited consumers and alcoholic beverage retailer employees
of legal drinking age are provided with an opportunity to attend a
dinner for the purpose of:
(1) receiving instruction on pairing beer with food
and the history, quality, characteristics, presentation, and
service of beer;
(2) tasting beer authorized for sale in this state and
food pairings; and
(3) being entertained by the license or permit holder
conducting the event or a person retained by the license or permit
holder.
(b) Notwithstanding Section 102.07, 102.14, 102.15, or
108.06, or any other provision of this code, a holder of a
manufacturer's license, nonresident manufacturer's license,
general distributor's license, local distributor's license, agent's
beer license, or promotional permit, or the license or permit
holder's agent, representative, or employee, or any retailer
licensed or permitted for on-premises consumption, may conduct an
experiential dinner at the premises of a retailer holding a license
or permit to sell alcoholic beverages for on-premises consumption.
The retailer shall be compensated for the fair market value of the
services provided by the retailer.
(c) An experiential dinner must be conducted during normal
business hours and may not exceed five hours in length.
(d) The license or permit holder conducting the
experiential dinner or the license or permit holder's agent,
representative, or employee may open, touch, pour, and serve beer.
(e) The license or permit holder conducting the
experiential dinner must purchase all beer and food used in the
event from the retailer. The retailer may not charge the license or
permit holder more than the price the retailer charges a consumer
for the beer and food.
(f) An experiential dinner may be prearranged and conducted
jointly with a retailer and the retailer's employees.
(g) Consumers may be invited to an experiential dinner
through any method chosen by the license or permit holder
conducting the experiential dinner.
(h) The license or permit holder conducting the
experiential dinner may preannounce and advertise the experiential
dinner to consumers. The retailer's name and address may not be
mentioned in the advertising, except that invitees may be informed
of the retail location in an official invitation.
(i) The value of the food, beer, and entertainment provided
during the experiential dinner may not exceed $150 per person on any
one occasion.
SECTION 2. This Act takes effect September 1, 2013.