Texas 2013 - 83rd Regular

Texas Senate Bill SB828 Compare Versions

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1	1	By: Van de Putte S.B. No. 828
2	2	(Guillen)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the marketing of certain alcoholic beverages by
8	8	manufacturers and their agents; providing for a permitting fee.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 11.72, Alcoholic Beverage Code, is
11	11	amended to read as follows:
12	12	Sec. 11.72. DISCIPLINE FOR ACTIONS OF AGENT. The
13	13	commission or administrator may suspend or revoke the permit of a
14	14	person who is represented by the holder of an agent's permit under
15	15	[as described by] Section 15.01, 35.01, or 36.01 or otherwise
16	16	discipline the person based on an act or omission of the holder of
17	17	the [an] agent's permit only if an individual employed by the person
18	18	in a supervisory position:
19	19	(1) was directly involved in the act or omission of the
20	20	holder of the [an] agent's permit;
21	21	(2) had notice or knowledge of the act or omission; or
22	22	(3) failed to take reasonable steps to prevent the act
23	23	or omission.
24	24	SECTION 2. Subtitle A, Title 3, Alcoholic Beverage Code, is
25	25	amended by adding Chapter 15 to read as follows:
26	26	CHAPTER 15. DISTILLER'S AGENT'S PERMIT
27	27	Sec. 15.01. AUTHORIZED ACTIVITIES. The holder of a
28	28	distiller's agent's permit may:
29	29	(1) represent the holder of a distiller's and
30	30	rectifier's permit;
31	31	(2) solicit and take orders from a holder of a
32	32	wholesaler's permit for the sale of distilled spirits manufactured
33	33	by the permit holder represented by the agent; and
34	34	(3) conduct free distilled spirits tastings for
35	35	consumers on the premises of the holder of a package store permit.
36	36	Sec. 15.02. FEE. The annual state fee for a distiller's
37	37	agent's permit is $10.
38	38	Sec. 15.03. EVIDENCE OF AGENCY OR EMPLOYMENT REQUIRED. A
39	39	distiller's agent's permit may not be issued to a person until the
40	40	person shows to the satisfaction of the commission that the person
41	41	has been employed by or authorized to act as the agent of the permit
42	42	holder the person proposes to represent.
43	43	Sec. 15.04. SOLICITATION FROM HOLDER OF MIXED BEVERAGE OR
44	44	PRIVATE CLUB PERMIT. A holder of a distiller's agent's permit may
45	45	not solicit business directly or indirectly from a holder of a mixed
46	46	beverage permit or a private club registration permit unless the
47	47	distiller's agent is accompanied by the holder of a wholesaler's
48	48	permit or the wholesaler's agent.
49	49	Sec. 15.05. UNAUTHORIZED REPRESENTATION. A holder of a
50	50	distiller's agent's permit in soliciting or taking orders for the
51	51	sale of liquor may not represent that the permit holder is an agent
52	52	of any person other than the person designated in the permit
53	53	holder's application.
54	54	Sec. 15.06. GRACE PERIOD. A person may engage in the
55	55	activities specified in Section 15.01 for an initial grace period
56	56	of five days during which the person shall procure a distiller's
57	57	agent's permit from the commission.
58	58	SECTION 3. Chapter 36, Alcoholic Beverage Code, is amended
59	59	by adding Section 36.09 to read as follows:
60	60	Sec. 36.09. GRACE PERIOD. A person may engage in the
61	61	activities specified in Section 36.01 for an initial grace period
62	62	of five days during which the person shall procure a manufacturer's
63	63	agent's permit from the commission.
64	64	SECTION 4. Subsection (m), Section 52.01, Alcoholic
65	65	Beverage Code, is amended to read as follows:
66	66	(m) The holder of a distiller's or rectifier's permit,
67	67	distiller's agent's permit, nonresident seller's permit, or
68	68	manufacturer's agent's permit or that permit holder's agent or
69	69	employee may participate in and conduct product tastings of
70	70	alcoholic beverages at a retailer's premises and may open, touch,
71	71	or pour alcoholic beverages, make a presentation, or answer
72	72	questions at the tasting. Any alcoholic beverage tasted under this
73	73	subsection must be purchased from the package store permit holder
74	74	on whose premises the tasting is held. The permit holder may not
75	75	require the purchase of more alcoholic beverages than are necessary
76	76	for the tasting. This section does not authorize the holder of a
77	77	distiller's or rectifier's permit, distiller's agent's permit,
78	78	nonresident seller's permit, or manufacturer's agent's permit to
79	79	withdraw or purchase an alcoholic beverage from the holder of a
80	80	wholesaler's permit or provide an alcoholic beverage for tasting on
81	81	a retailer's premises that is not purchased from the retailer.
82	82	SECTION 5. This Act takes effect September 1, 2013.