84R4208 JAM-D
By: Sheets H.B. No. 2011
A BILL TO BE ENTITLED
AN ACT
relating to food service requirements applicable to brewpubs under
the Alcoholic Beverage Code.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 25.13, Alcoholic Beverage Code, is
amended by amending Subsection (d) and adding Subsections (d-1) and
(f) to read as follows:
(d) A certificate issued under this section expires on the
expiration of the primary wine and beer retailer's permit. A
certificate may be canceled at any time if the commission finds that
the holder of the certificate is not operating primarily as a food
service establishment. For the purposes of this section, it shall
be presumed that a permittee is not primarily operating as a food
service establishment if:
(1) alcohol sales are in excess of 50 percent of the
gross receipts of the premises; or
(2) for the holder of a brewpub license located in a
municipality described by Subsection (f) who sells alcoholic
beverages manufactured only on the brewpub's premises, alcohol
sales for on-premises consumption are in excess of 50 percent of the
gross receipts of the premises.
(d-1) The commission may impose a fine not to exceed $5,000
on the holder of a food and beverage certificate not operating as a
food service establishment and may, upon finding that the permittee
knowingly operated under a food and beverage certificate while not
complying with this section, cancel the permittee's wine and beer
retailer's permit.
(f) Subsection (d)(2) applies only to a brewpub located in a
municipality:
(1) that has a population of more than 220,000 and less
than 250,000;
(2) that is located in a county in which another
municipality that has a population of more than one million is
predominately located; and
(3) whose emergency medical services are administered
by a fire department.
SECTION 2. Section 69.16, Alcoholic Beverage Code, is
amended by amending Subsection (d) and adding Subsections (d-1)
and (f) to read as follows:
(d) A certificate issued under this section expires on the
expiration of the primary retail dealer's on-premise license. A
certificate may be canceled at any time if the commission finds that
the holder of the certificate is not operating primarily as a food
service establishment. For the purposes of this section, it shall
be presumed that a permittee is not primarily operating as a food
service establishment if:
(1) alcohol sales are in excess of 50 percent of the
gross receipts of the premises; or
(2) for the holder of a brewpub license located in a
municipality described by Subsection (f) who sells alcoholic
beverages manufactured only on the brewpub's premises, alcohol
sales for on-premises consumption are in excess of 50 percent of the
gross receipts of the premises.
(d-1) The commission may impose a fine not to exceed $5,000
on the holder of a food and beverage certificate not operating as a
food service establishment and may, upon finding that the permittee
knowingly operated under a food and beverage certificate while not
complying with this section, cancel the licensee's retail dealer's
on-premise license.
(f) Subsection (d)(2) applies only to a brewpub located in a
municipality:
(1) that has a population of more than 220,000 and less
than 250,000;
(2) that is located in a county in which another
municipality that has a population of more than one million is
predominately located; and
(3) whose emergency medical services are administered
by a fire department.
SECTION 3. This Act takes effect September 1, 2015.