By: Van de Putte, et al. S.B. No. 905
(Kuempel)
A BILL TO BE ENTITLED
AN ACT
relating to the sale of distilled spirits to ultimate consumers by
the holder of a distiller's and rectifier's permit.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsection (a), Section 14.01, Alcoholic
Beverage Code, is amended to read as follows:
(a) The holder of a distiller's and rectifier's permit may:
(1) manufacture distilled spirits;
(2) rectify, purify, and refine distilled spirits and
wines;
(3) mix wines, distilled spirits, or other liquors;
(4) bottle, label, and package the permit holder's
finished products;
(5) sell the finished products in this state to
holders of wholesaler's permits and to qualified persons outside
the state;
(6) import distilled spirits, to be used only for
manufacturing or rectification purposes, from holders of
nonresident seller's permits; [and]
(7) dispense free distilled spirits for consumption on
the permitted premises under Section 14.04; and
(8) if located in a wet area, sell distilled spirits to
ultimate consumers under Section 14.04 or 14.05.
SECTION 2. Subsection (a), Section 14.04, Alcoholic
Beverage Code, is amended to read as follows:
(a) The holder of a distiller's and rectifier's permit may
conduct distilled spirits samplings on the permitted premises. The
permit holder may dispense free samples or collect a fee for the
sampling.
SECTION 3. Chapter 14, Alcoholic Beverage Code, is amended
by adding Section 14.05 to read as follows:
Sec. 14.05. SALES TO ULTIMATE CONSUMERS. (a) The holder
of a distiller's and rectifier's permit may sell to ultimate
consumers for consumption on the permitted premises distilled
spirits manufactured or rectified by the permit holder in an amount
not to exceed 3,000 gallons annually.
(b) The holder of a distiller's and rectifier's permit may
sell distilled spirits manufactured by the permit holder to
ultimate consumers for off-premises consumption in unbroken
packages containing not more than 750 milliliters of distilled
spirits for off-premises consumption in an amount not to exceed
3,500 gallons annually.
(c) The holder of a distiller's and rectifier's permit may
not under Subsection (b) sell more than two 750 milliliter bottles
of distilled spirits or the equivalent to the same consumer within a
30-day period.
(d) A sale under Subsection (b):
(1) may be made only to an individual who is physically
present at the permit holder's premises; and
(2) must be delivered to the purchaser in person
during the purchaser's visit.
(e) A person may not make a purchase under Subsection (b) as
an agent for another person.
(f) The permit holder must check a purchaser's
identification and keep records of purchases in a manner that
enables the permit holder to comply with this section.
(g) A bottle of distilled spirits sold on the permit
holder's premises under Subsection (b) must bear a notice affixed
to the bottle that:
(1) does not obscure the label approved by the Alcohol
and Tobacco Tax and Trade Bureau;
(2) states that the bottle is commemorative;
(3) states the month and year the bottle is sold; and
(4) is signed by an agent of the permit holder.
SECTION 4. Chapter 105, Alcoholic Beverage Code, is amended
by adding Section 105.081 to read as follows:
Sec. 105.081. HOURS OF SALE AND CONSUMPTION: DISTILLERY.
(a) The holder of a distiller's and rectifier's permit may sell and
offer for sale distilled spirits for on-premises consumption and a
person may consume distilled spirits on the permitted premises
during the same hours mixed beverages may be sold and offered for
sale by a mixed beverage permit holder under Section 105.03(b).
(b) The holder of a distiller's and rectifier's permit may
sell and offer for sale distilled spirits to ultimate consumers for
off-premises consumption during the same hours as the holder of a
package store permit may sell and offer for sale distilled spirits
to ultimate consumers for off-premises consumption.
SECTION 5. Subdivision (1), Subsection (b), Section
183.001, Tax Code, is amended to read as follows:
(1) "Permittee" means a mixed beverage permittee, a
private club registration permittee, a private club exemption
certificate permittee, a private club late hours permittee, a daily
temporary private club permittee, a private club registration
permittee holding a food and beverage certificate, a daily
temporary mixed beverage permittee, a mixed beverage late hours
permittee, a mixed beverage permittee holding a food and beverage
certificate, [or] a caterer permittee, or a distiller's and
rectifier's permittee.
SECTION 6. Subsection (c), Section 14.01, and Subsection
(g), Section 14.04, Alcoholic Beverage Code, are repealed.
SECTION 7. This Act takes effect September 1, 2013.