Texas 2013 - 83rd Regular

Texas Senate Bill SB905 Compare Versions

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1	1	By: Van de Putte, et al. S.B. No. 905
2	2	(Kuempel)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the sale of distilled spirits to ultimate consumers by
8	8	the holder of a distiller's and rectifier's permit.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subsection (a), Section 14.01, Alcoholic
11	11	Beverage Code, is amended to read as follows:
12	12	(a) The holder of a distiller's and rectifier's permit may:
13	13	(1) manufacture distilled spirits;
14	14	(2) rectify, purify, and refine distilled spirits and
15	15	wines;
16	16	(3) mix wines, distilled spirits, or other liquors;
17	17	(4) bottle, label, and package the permit holder's
18	18	finished products;
19	19	(5) sell the finished products in this state to
20	20	holders of wholesaler's permits and to qualified persons outside
21	21	the state;
22	22	(6) import distilled spirits, to be used only for
23	23	manufacturing or rectification purposes, from holders of
24	24	nonresident seller's permits; [and]
25	25	(7) dispense free distilled spirits for consumption on
26	26	the permitted premises under Section 14.04; and
27	27	(8) if located in a wet area, sell distilled spirits to
28	28	ultimate consumers under Section 14.04 or 14.05.
29	29	SECTION 2. Subsection (a), Section 14.04, Alcoholic
30	30	Beverage Code, is amended to read as follows:
31	31	(a) The holder of a distiller's and rectifier's permit may
32	32	conduct distilled spirits samplings on the permitted premises. The
33	33	permit holder may dispense free samples or collect a fee for the
34	34	sampling.
35	35	SECTION 3. Chapter 14, Alcoholic Beverage Code, is amended
36	36	by adding Section 14.05 to read as follows:
37	37	Sec. 14.05. SALES TO ULTIMATE CONSUMERS. (a) The holder
38	38	of a distiller's and rectifier's permit may sell to ultimate
39	39	consumers for consumption on the permitted premises distilled
40	40	spirits manufactured or rectified by the permit holder in an amount
41	41	not to exceed 3,000 gallons annually.
42	42	(b) The holder of a distiller's and rectifier's permit may
43	43	sell distilled spirits manufactured by the permit holder to
44	44	ultimate consumers for off-premises consumption in unbroken
45	45	packages containing not more than 750 milliliters of distilled
46	46	spirits for off-premises consumption in an amount not to exceed
47	47	3,500 gallons annually.
48	48	(c) The holder of a distiller's and rectifier's permit may
49	49	not under Subsection (b) sell more than two 750 milliliter bottles
50	50	of distilled spirits or the equivalent to the same consumer within a
51	51	30-day period.
52	52	(d) A sale under Subsection (b):
53	53	(1) may be made only to an individual who is physically
54	54	present at the permit holder's premises; and
55	55	(2) must be delivered to the purchaser in person
56	56	during the purchaser's visit.
57	57	(e) A person may not make a purchase under Subsection (b) as
58	58	an agent for another person.
59	59	(f) The permit holder must check a purchaser's
60	60	identification and keep records of purchases in a manner that
61	61	enables the permit holder to comply with this section.
62	62	(g) A bottle of distilled spirits sold on the permit
63	63	holder's premises under Subsection (b) must bear a notice affixed
64	64	to the bottle that:
65	65	(1) does not obscure the label approved by the Alcohol
66	66	and Tobacco Tax and Trade Bureau;
67	67	(2) states that the bottle is commemorative;
68	68	(3) states the month and year the bottle is sold; and
69	69	(4) is signed by an agent of the permit holder.
70	70	SECTION 4. Chapter 105, Alcoholic Beverage Code, is amended
71	71	by adding Section 105.081 to read as follows:
72	72	Sec. 105.081. HOURS OF SALE AND CONSUMPTION: DISTILLERY.
73	73	(a) The holder of a distiller's and rectifier's permit may sell and
74	74	offer for sale distilled spirits for on-premises consumption and a
75	75	person may consume distilled spirits on the permitted premises
76	76	during the same hours mixed beverages may be sold and offered for
77	77	sale by a mixed beverage permit holder under Section 105.03(b).
78	78	(b) The holder of a distiller's and rectifier's permit may
79	79	sell and offer for sale distilled spirits to ultimate consumers for
80	80	off-premises consumption during the same hours as the holder of a
81	81	package store permit may sell and offer for sale distilled spirits
82	82	to ultimate consumers for off-premises consumption.
83	83	SECTION 5. Subdivision (1), Subsection (b), Section
84	84	183.001, Tax Code, is amended to read as follows:
85	85	(1) "Permittee" means a mixed beverage permittee, a
86	86	private club registration permittee, a private club exemption
87	87	certificate permittee, a private club late hours permittee, a daily
88	88	temporary private club permittee, a private club registration
89	89	permittee holding a food and beverage certificate, a daily
90	90	temporary mixed beverage permittee, a mixed beverage late hours
91	91	permittee, a mixed beverage permittee holding a food and beverage
92	92	certificate, [or] a caterer permittee, or a distiller's and
93	93	rectifier's permittee.
94	94	SECTION 6. Subsection (c), Section 14.01, and Subsection
95	95	(g), Section 14.04, Alcoholic Beverage Code, are repealed.
96	96	SECTION 7. This Act takes effect September 1, 2013.