83R6384 JAM-F
By: Menendez H.B. No. 3541
A BILL TO BE ENTITLED
AN ACT
relating to the sale and distribution of certain alcoholic
beverages.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 19.03, Alcoholic Beverage Code, is
amended to read as follows:
Sec. 19.03. PROMOTIONAL ACTIVITIES. The holder of a
wholesaler's permit or the permit holder's [his] agent may enter the
licensed premises of a mixed beverage permittee or private club
registration permittee to determine the brands offered for sale and
suggest or promote the sale of other brands, to the extent
authorized by Section 102.07 [of this code]. The holder or the
holder's [his] agent may [not] accept a direct order from a mixed
beverage permittee or a private club registration permittee
[except] for distilled spirits, wine, or malt liquor.
SECTION 2. Section 19.04, Alcoholic Beverage Code, is
amended to read as follows:
Sec. 19.04. MINIATURE CONTAINERS. In addition to other
authorized containers, a wholesaler's permittee may import, sell,
offer for sale, and possess for the purpose of resale distilled
spirits, wine, and vinous liquors in containers of not less than one
ounce nor more than two ounces. Liquor in containers of that size
may be sold to:
(1) package store permittees for resale to airline
beverage permittees, as provided in Section 34.05 [of this code];
[and]
(2) local distributor's permittees; and
(3) airline beverage permittees.
SECTION 3. Chapter 19, Alcoholic Beverage Code, is amended
by adding Sections 19.06 and 19.07 to read as follows:
Sec. 19.06. SALE OF DISTILLED SPIRITS TO HOLDERS OF MIXED
BEVERAGE, AIRLINE BEVERAGE, AND PRIVATE CLUB REGISTRATION PERMITS.
(a) Notwithstanding any other provision of this code, the holder of
a wholesaler's permit may sell distilled spirits to the holder of a
mixed beverage, airline beverage, or private club registration
permit.
(b) Notwithstanding Section 102.07(a)(5) or any other
provision of this code, the holder of a wholesaler's permit may rent
or sell to the holder of a mixed beverage or private club
registration permit any equipment, fixtures, or supplies used in
the selling or dispensing of distilled spirits.
Sec. 19.07. MAY DELIVER DISTILLED SPIRITS. Notwithstanding
any other provision of this code, the holder of both a wholesaler's
permit and a private carrier permit may transport and deliver
distilled spirits to the premises of a holder of a mixed beverage or
airline beverage permit or the premises of a holder of a private
club registration permit located in an area in which the sale of
distilled spirits is legal at any time at which the wholesaler is
authorized to deliver liquor under Section 105.02.
SECTION 4. Sections 28.07(a) and (b), Alcoholic Beverage
Code, are amended to read as follows:
(a) All distilled spirits sold by a holder of a mixed
beverage permit must be purchased from a holder of a local
distributor's or wholesaler's permit [in the county in which the
premises of a mixed beverage permittee is located].
(b) A [If a] holder of a mixed beverage permit [is in a
county where there are no local distributors, he may purchase
alcoholic beverages in the nearest county where local distributors
are located and] may transport the alcoholic beverages from a local
distributor's or wholesaler's premises [them] to the mixed beverage
permit holder's [his] premises provided that the mixed beverage
permit holder [he] is also a holder of a beverage cartage permit.
The transporter may acquire the alcoholic beverages only on the
written order of the holder of the mixed beverage permit or
wholesaler's permit. The alcoholic beverages must be accompanied
by a written statement furnished and signed by the local
distributor or wholesaler showing the name and address of the
consignee and consignor, the origin and destination of the
shipment, and any other information required by the commission or
administrator. The person in charge of the alcoholic beverages
while they are being transported shall exhibit the written
statement to any representative of the commission or any peace
officer on demand, and the statement shall be accepted by the
representative or officer as prima facie evidence of the lawful
right to transport the alcoholic beverages.
SECTION 5. Sections 28.15(b) and (c), Alcoholic Beverage
Code, are amended to read as follows:
(b) A holder of a local distributor's or wholesaler's permit
may not knowingly sell, ship, or deliver distilled spirits in any
container that does not bear a serially numbered identification
stamp issued by the commission or other identification approved by
the commission.
(c) Identification stamps may be issued only to a holder of
a local distributor's or wholesaler's permit who shall affix the
stamps as prescribed by the commission or administrator.
SECTION 6. Section 30.04, Alcoholic Beverage Code, is
amended to read as follows:
Sec. 30.04. PURCHASE OF DISTILLED SPIRITS. Distilled
spirits sold under a daily temporary mixed beverage permit must be
purchased from the holder of a local distributor's or wholesaler's
permit.
SECTION 7. Sections 32.08(a) and (b), Alcoholic Beverage
Code, are amended to read as follows:
(a) All distilled spirits, wine, and vinous liquor sold or
served by a club holding a private club registration permit must be
purchased in this state from a holder of a local distributor's or
wholesaler's permit.
(b) If the club holding the permit [is in an area where there
are no local distributors, alcoholic beverages may be purchased in
any area where local distributors are located and may be
transported to the club premises if the club] also holds a beverage
cartage permit, the club may transport the alcoholic beverages from
a local distributor's premises or a wholesaler's premises to the
club premises. The transporter may acquire the alcoholic beverages
only on the written order of an officer or manager of the club
holding the permit or the holder of the wholesaler's permit. The
alcoholic beverages must be accompanied by a written statement
furnished and signed by the local distributor or wholesaler showing
the name and address of the consignee and consignor, the origin and
destination of the shipment, and any other information required by
the commission or administrator. The person in charge of the
alcoholic beverages while they are being transported shall exhibit
the written statement to any representative of the commission or
any peace officer on demand, and the statement shall be accepted by
the representative or officer as prima facie evidence of the lawful
right to transport the alcoholic beverages.
SECTION 8. Sections 32.20(b) and (c), Alcoholic Beverage
Code, are amended to read as follows:
(b) A holder of a local distributor's or wholesaler's permit
may not knowingly sell, ship, or deliver distilled spirits in any
container that does not bear a serially numbered identification
stamp issued by the commission or other identification approved by
the commission.
(c) Identification stamps may be issued only to a holder of
a local distributor's or wholesaler's permit who shall affix the
stamps as prescribed by the commission or administrator.
SECTION 9. Section 33.24, Alcoholic Beverage Code, is
amended to read as follows:
Sec. 33.24. PURCHASE OF DISTILLED SPIRITS. Distilled
spirits sold under a daily temporary private club permit must be
purchased from the holder of a local distributor's or wholesaler's
permit.
SECTION 10. Section 34.05, Alcoholic Beverage Code, is
amended to read as follows:
Sec. 34.05. SALE OF LIQUOR TO PERMITTEE. (a) Only the
holder of a package store or wholesaler's permit may sell liquor to
the holder of an airline beverage permit. For the purposes of this
code, a sale of liquor to a holder of an airline beverage permit
shall be considered as a sale at retail to a consumer.
(b) The holder of a package store or wholesaler's permit may
sell liquor in any size container authorized by Section 101.46 [of
this code] to holders of an airline beverage permit. A holder of a
package store or wholesaler's permit[, and] may purchase liquor in
any size container for resale from the holders of a wholesaler's
permit. A holder of a wholesaler's permit may import, sell, offer
for sale, or possess for resale to package store or wholesaler's
permittees to resell to holders of airline beverage permittees
liquor in any authorized size containers.
SECTION 11. Section 102.04(b), Alcoholic Beverage Code, is
amended to read as follows:
(b) Except as permitted in Sections 19.06 and [Section]
23.01 [of this code], no person to whom this section applies may:
(1) have a direct or indirect interest in the
business, premises, equipment, or fixtures of a mixed beverage
establishment;
(2) furnish or lend any money, service, or other thing
of value to a mixed beverage permittee or guarantee the fulfillment
of a financial obligation of a mixed beverage permittee;
(3) enter or offer to enter into an agreement,
condition, or system which in effect amounts to the shipment and
delivery of alcoholic beverages on consignment;
(4) furnish, rent, lend, or sell to a mixed beverage
permittee any equipment, fixtures, or supplies used in the selling
or dispensing of alcoholic beverages;
(5) pay or make an allowance to a mixed beverage
permittee for a special advertising or distributing service, or
allow the permittee an excessive discount;
(6) offer to a mixed beverage permittee a prize,
premium, or other inducement, except as permitted by Section
102.07(b) [of this code]; or
(7) advertise in the convention program or sponsor a
function at a meeting or convention or a trade association of
holders of mixed beverage permits, unless the trade association was
incorporated before 1950.
SECTION 12. Section 201.02, Alcoholic Beverage Code, is
amended to read as follows:
Sec. 201.02. "FIRST SALE" DEFINED. In this subchapter,
"first sale":
(1) as applied to liquor imported into this state by
the holder of a wholesaler's permit authorizing importation, means
the first actual sale by the permittee to the holder of any other
permit authorizing the retail sale of the beverage, including the
holder of a private club registration permit, or to the holder of a
local distributor's permit; and
(2) as applied to all other liquor, means the first
sale, possession, distribution, or use in this state, except that
the term does not include the first sale by the holder of a winery
permit to another holder of a winery permit or the holder of a
wholesaler's permit.
SECTION 13. Sections 28.07(c) and 32.08(c), Alcoholic
Beverage Code, are repealed.
SECTION 14. The change in law made by this Act applies only
to conduct that occurs on or after the effective date of this Act.
Conduct that occurs before the effective date of this Act is
governed by the law applicable to the conduct immediately before
the effective date of this Act, and that law is continued in effect
for that purpose.
SECTION 15. This Act takes effect September 1, 2013.