| 1 | 1 | | By: Rodriguez of Bexar H.B. No. 3854 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the authorized activities of a brewpub license holder. |
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| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 8 | | SECTION 1. Amend the Alcoholic Beverage Code, Chapter 74, |
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| 9 | 9 | | to read as follows: |
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| 10 | 10 | | Sec. 74.08. SALES BY BREWPUB LICENSE HOLDERS TO RETAILERS. |
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| 11 | 11 | | (a) In addition to the activities authorized by Section 74.01, the |
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| 12 | 12 | | holder of a brewpub license who holds a wine and beer retailer's |
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| 13 | 13 | | permit and who sells alcoholic beverages manufactured only on the |
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| 14 | 14 | | brewpub's premises may: |
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| 15 | 15 | | (1) sell malt liquor or ale produced under the license |
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| 16 | 16 | | to those retailers or qualified persons to whom the holder of a |
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| 17 | 17 | | general class B wholesaler's permit may sell malt liquor or ale |
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| 18 | 18 | | under Section 20.01; and |
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| 19 | 19 | | (2) sell beer produced under the license to[:] |
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| 20 | 20 | | [(A)] those retailers to whom the holder of a |
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| 21 | 21 | | general distributor's license may sell beer under Section 64.01[; |
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| 22 | 22 | | or |
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| 23 | 23 | | [(B) qualified persons to whom the holder of a |
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| 24 | 24 | | general distributor's license may sell beer for shipment and |
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| 25 | 25 | | consumption outside the state under Section 64.01]. |
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| 26 | 26 | | Sec. 74.09. SALES TO DISTRIBUTORS (a) In addition to the |
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| 27 | 27 | | activities authorized by Section 74.01, the holder of a brewpub |
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| 28 | 28 | | license may sell beer produced under the license to the holder of a |
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| 29 | 29 | | general, local, or branch distributor's license, or to qualified |
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| 30 | 30 | | persons outside of this state. |
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| 31 | 31 | | (b) The holder of a brewpub license who sells beer under |
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| 32 | 32 | | Subsection (a) shall comply with the requirements of Section |
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| 33 | 33 | | 102.51. |
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| 34 | 34 | | Sec. 74.10. SALES TO WHOLESALERS (a) In addition to the |
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| 35 | 35 | | activities authorized by Section 74.01, the holder of a brewpub |
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| 36 | 36 | | license may sell ale and malt liquor to the holder of a wholesaler |
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| 37 | 37 | | permit, a general class B wholesaler's permit or a local class B |
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| 38 | 38 | | wholesaler's permit, or to qualified persons outside of this state. |
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| 39 | 39 | | (b) The holder of a brewpub license who sells beer under |
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| 40 | 40 | | Subsection (a) shall comply with the requirements of Section |
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| 41 | 41 | | 102.51. |
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| 42 | 42 | | SECTION 2. Except as otherwise provided by this Act: |
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| 43 | 43 | | (1) if this Act receives a vote of two-thirds of all elected |
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| 44 | 44 | | members elected to each house, as provided by Section 39, Article |
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| 45 | 45 | | III, Texas Constitution, this Act takes effect immediately; and |
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| 46 | 46 | | (2) if this Act does not receive the vote necessary for |
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| 47 | 47 | | immediate effect, this Act takes effect September 1, 2015. |
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