84R6348 JAM-D
By: Burton S.B. No. 719
A BILL TO BE ENTITLED
AN ACT
relating to the direct shipment of certain alcoholic beverages to
ultimate consumers; authorizing a fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 12, Alcoholic Beverage Code, is amended
by adding Section 12.07 to read as follows:
Sec. 12.07. DIRECT SHIPMENT TO CONSUMERS. (a) The holder
of a brewer's permit may ship ale or malt liquor produced or bottled
by the permit holder to the ultimate consumer, including ultimate
consumers located in dry areas. Delivery must be by the holder of a
carrier permit.
(b) All ale or malt liquor shipped to an ultimate consumer
by the holder of a brewer's permit must be in a package that is
clearly and conspicuously labeled showing that:
(1) the package contains ale or malt liquor; and
(2) the package may be delivered only to a person
described in Subsection (c).
(c) Ale or malt liquor shipped by the holder of a brewer's
permit may not be delivered to any person other than:
(1) the person who purchased the ale or malt liquor;
(2) a recipient designated in advance by such
purchaser; or
(3) a person at the delivery address who is 21 years of
age or older.
(d) Ale or malt liquor may be delivered only to a person who
is 21 years of age or older after the person accepting the package:
(1) presents valid proof of identity and age; and
(2) personally signs a receipt acknowledging delivery
of the package.
(e) The holder of a brewer's permit may not:
(1) sell or ship ale or malt liquor to a minor; or
(2) deliver ale or malt liquor to a consumer using a
carrier that does not hold a carrier's permit under this code.
SECTION 2. Section 14.05, Alcoholic Beverage Code, as added
by Chapter 106 (S.B. 905), Acts of the 83rd Legislature, Regular
Session, 2013, is amended by adding Subsection (h) to read as
follows:
(h) Nothing in this section applies to the sale and shipment
of distilled spirits under Section 14.07.
SECTION 3. Chapter 14, Alcoholic Beverage Code, is amended
by adding Section 14.07 to read as follows:
Sec. 14.07. DIRECT SHIPMENT TO CONSUMERS. (a) The holder
of a distiller's and rectifier's permit may ship distilled spirits
produced or bottled by the permit holder to the ultimate consumer,
including ultimate consumers located in dry areas. Delivery must
be by the holder of a carrier permit.
(b) All distilled spirits shipped to an ultimate consumer by
the holder of a distiller's and rectifier's permit must be in a
package that is clearly and conspicuously labeled showing that:
(1) the package contains distilled spirits; and
(2) the package may be delivered only to a person
described in Subsection (c).
(c) Distilled spirits shipped by the holder of a distiller's
and rectifier's permit may not be delivered to any person other
than:
(1) the person who purchased the distilled spirits;
(2) a recipient designated in advance by such
purchaser; or
(3) a person at the delivery address who is 21 years of
age or older.
(d) Distilled spirits may be delivered only to a person who
is 21 years of age or older after the person accepting the package:
(1) presents valid proof of identity and age; and
(2) personally signs a receipt acknowledging delivery
of the package.
(e) The holder of a distiller's and rectifier's permit may
not:
(1) sell or ship distilled spirits to a minor; or
(2) deliver distilled spirits to a consumer using a
carrier that does not hold a carrier's permit under this code.
SECTION 4. Section 16.09(e), Alcoholic Beverage Code, is
amended to read as follows:
(e) The holder of a winery permit may not:
(1) sell or ship wine to a minor; or
(2) deliver wine to a consumer using a carrier that
does not hold a carrier's permit under this code[; or
[(3) deliver to the same consumer in this state more
than nine gallons of wine within any calendar month or more than 36
gallons of wine within any 12-month period].
SECTION 5. Chapter 54, Alcoholic Beverage Code, is amended
to read as follows:
CHAPTER 54. OUT-OF-STATE [WINERY] DIRECT SHIPPER'S PERMIT
Sec. 54.01. AUTHORIZED ACTIVITIES. The holder of an
out-of-state [winery] direct shipper's permit may sell and deliver
an alcoholic beverage [wine] that is produced or bottled by the
permittee to an ultimate consumer located in the State of Texas.
Delivery must be by the holder of a carrier permit.
Sec. 54.02. PROHIBITED ACTIVITIES. The holder of an
out-of-state [winery] direct shipper's permit may not:
(1) sell or ship an alcoholic beverage [wine] to a
minor; or
(2) deliver an alcoholic beverage [wine] to a consumer
using a carrier that does not hold a carrier's permit under this
code[;
[(3) deliver to the same consumer in this state more
than nine gallons of wine within any calendar month or more than 36
gallons of wine within any 12-month period; or
[(4) sell to ultimate consumers more than 35,000
gallons of wine annually].
Sec. 54.03. QUALIFICATIONS FOR PERMIT. An out-of-state
[winery] direct shipper's permit may only be issued to a person who:
(1) does not hold a [winery] permit or license
authorizing the production or bottling of alcoholic beverages in
the State of Texas;
(2) operates a facility for the production or bottling
of alcoholic beverages [winery] located in the United States and
holds all state and federal permits necessary to operate the
facility [winery, including the federal winemaker's and blender's
basic permit];
(3) holds a Texas sales tax permit;
(4) expressly submits to personal jurisdiction in
Texas state and federal courts and expressly submits to venue in
Travis County, Texas, as proper venue for any proceedings that may
be initiated by or against the commission; and
(5) does not directly or indirectly have any financial
interest in a Texas wholesaler or retailer as those terms are used
in Section 102.01.
Sec. 54.04. PERMIT FEE. The annual state fee for an
out-of-state [winery] direct shipper's permit is $75.
Sec. 54.05. IDENTIFICATION REQUIREMENTS. (a) All
alcoholic beverages [wine] sold or shipped by the holder of an
out-of-state [winery] direct shipper's permit must be in a package
that is clearly and conspicuously labeled showing that:
(1) the package contains an alcoholic beverage [wine];
and
(2) the package may only be delivered to a person
described in Subsection (b).
(b) An alcoholic beverage [Wine] sold or shipped by a holder
of an out-of-state [winery] direct shipper's permit may not be
delivered to any person other than:
(1) the person who purchased the alcoholic beverage
[wine];
(2) a recipient designated in advance by such
purchaser; or
(3) a person at the delivery address who is [age] 21
years of age or older [over].
(c) An alcoholic beverage [Wine] may be delivered only to a
person who is [age] 21 years of age or older [over] after the person
accepting the package:
(1) presents valid proof of identity and age; and
(2) personally signs a receipt acknowledging delivery
of the package.
Sec. 54.06. REPORTS AND RECORDKEEPING. (a) The holder of
an out-of-state [winery] direct shipper's permit shall maintain
records of all sales and deliveries made under the permit.
(b) The holder of an out-of-state [winery] direct shipper's
permit shall maintain complete sales and delivery records for all
sales and deliveries made under the permit for at least five years
from the date of sale. These records shall be made available upon
request for inspection by the commission or any other appropriate
state agency.
(c) The commission shall establish rules requiring the
holder of an out-of-state [winery] direct shipper's permit to
periodically file reports providing the commission with such
information as the commission may determine is needed to more
efficiently and effectively enforce the state laws applicable to
the permit holder.
Sec. 54.07. LIABILITY FOR AND PAYMENT OF TAXES. (a) Sales
made by the holder of an out-of-state [winery] direct shipper's
permit shall be deemed to have been made in the State of Texas for
delivery in the State of Texas.
(b) The holder of an out-of-state [winery] direct shipper's
permit shall be responsible for paying the following state taxes
related to sales and deliveries made under this chapter:
(1) excise taxes on the alcoholic beverages [wine]
sold, payable at the same rate and in the same manner as if the
permittee were a Texas brewery, winery, distiller or rectifier,
beer manufacturer, or brewpub located in Texas; and
(2) state sales and use taxes all payable at the same
rate and in the same manner as if the permittee were a Texas
brewery, winery, distiller or rectifier, beer manufacturer, or
brewpub located in Texas.
(c) An ultimate consumer who purchases an alcoholic
beverage [wine] from the holder of an out-of-state [winery] direct
shipper's permit under this chapter shall be considered to be
purchasing the alcoholic beverage [wine] from a Texas permittee or
licensee and shall not be charged the administrative fee for
personal imports set forth in Section 107.07.
Sec. 54.08. RESALE PROHIBITED. A consumer purchasing an
alcoholic beverage [wine] from the holder of an out-of-state
[winery] direct shipper's permit may not resell the alcoholic
beverage [wine], and any such alcoholic beverage [wine] that is
resold is an illicit beverage as defined in Section 1.04(4).
Sec. 54.09. DELIVERY AREAS. An alcoholic beverage [Wine]
shipped under this chapter may be delivered to persons located in a
dry area.
Sec. 54.10. [WINE] LABEL APPROVAL NOT REQUIRED. If the
holder of an out-of-state [winery] direct shipper's permit has
satisfied all federal label approval requirements for a particular
brand of alcoholic beverage [wine], then no further label approval
shall be required by the commission.
Sec. 54.11. RULES. The commission shall adopt rules and
forms necessary to implement this chapter.
Sec. 54.12. PENALTY FOR SHIPPING WITHOUT A PERMIT. Any
person who does not hold an out-of-state [winery] direct shipper's
permit who sells and ships alcohol from outside of Texas to an
ultimate consumer in Texas commits on first offense a Class B
misdemeanor, on second offense a Class A misdemeanor, and on third
offense a state jail felony.
SECTION 6. Chapter 62, Alcoholic Beverage Code, is amended
by adding Section 62.15 to read as follows:
Sec. 62.15. DIRECT SHIPMENT TO CONSUMERS. (a) The holder
of a manufacturer's license may ship beer produced, bottled, or
canned by the license holder to the ultimate consumer, including
ultimate consumers located in dry areas. Delivery must be by the
holder of a carrier permit.
(b) All beer shipped to an ultimate consumer by the holder
of a manufacturer's license must be in a package that is clearly and
conspicuously labeled showing that:
(1) the package contains beer; and
(2) the package may be delivered only to a person
described in Subsection (c).
(c) Beer shipped by the holder of a manufacturer's license
may not be delivered to any person other than:
(1) the person who purchased the beer;
(2) a recipient designated in advance by such
purchaser; or
(3) a person at the delivery address who is 21 years of
age or older.
(d) Beer may be delivered only to a person who is 21 years of
age or older after the person accepting the package:
(1) presents valid proof of identity and age; and
(2) personally signs a receipt acknowledging delivery
of the package.
(e) The holder of a manufacturer's license may not:
(1) sell or ship beer to a minor; or
(2) deliver beer to a consumer using a carrier that
does not hold a carrier's permit under this code.
SECTION 7. Chapter 74, Alcoholic Beverage Code, is amended
by adding Section 74.12 to read as follows:
Sec. 74.12. DIRECT SHIPMENT TO CONSUMERS. (a) The holder
of a brewpub license may ship malt liquor, ale, or beer produced,
bottled, or canned by the license holder to the ultimate consumer,
including ultimate consumers located in dry areas. Delivery must
be by the holder of a carrier permit.
(b) All malt liquor, ale, or beer shipped to an ultimate
consumer by the holder of a brewpub license must be in a package
that is clearly and conspicuously labeled showing that:
(1) the package contains malt liquor, ale, or beer;
and
(2) the package may be delivered only to a person
described in Subsection (c).
(c) Malt liquor, ale, or beer shipped by the holder of a
brewpub license may not be delivered to any person other than:
(1) the person who purchased the malt liquor, ale, or
beer;
(2) a recipient designated in advance by such
purchaser; or
(3) a person at the delivery address who is 21 years of
age or older.
(d) Malt liquor, ale, or beer may be delivered only to a
person who is 21 years of age or older after the person accepting
the package:
(1) presents valid proof of identity and age; and
(2) personally signs a receipt acknowledging delivery
of the package.
(e) The holder of a brewpub license may not:
(1) sell or ship malt liquor, ale, or beer to a minor;
or
(2) deliver malt liquor, ale, or beer to a consumer
using a carrier that does not hold a carrier's permit under this
code.
SECTION 8. Section 101.46(c), Alcoholic Beverage Code, is
amended to read as follows:
(c) Subsection (a) of this section does not apply to liquor
imported under Section 107.07 or sold and delivered to an ultimate
consumer by the holder of an out-of-state direct shipper's permit
[of this code].
SECTION 9. Section 107.05(b), Alcoholic Beverage Code, is
amended to read as follows:
(b) This section does not apply to the transportation of
liquor into the state as authorized by Chapter 54 or Section 107.07
[of this code].
SECTION 10. Section 107.06(c), Alcoholic Beverage Code, is
amended to read as follows:
(c) This section does not apply to the importation or
transportation of military beer consigned to a military
installation or to the importation or direct shipment of beer as
authorized under Chapter 54 or Section 107.07 [of this code].
SECTION 11. Section 201.41, Alcoholic Beverage Code, is
amended to read as follows:
Sec. 201.41. FIRST SALE. In this subchapter, "first sale"
means:
(1) the first actual sale of ale or malt liquor by:
(A) the holder of a wholesaler's, general class B
wholesaler's, or local class B wholesaler's permit to:
(i) a permittee authorized to sell to
ultimate consumers;
(ii) a local distributor permittee; or
(iii) a private club registration
permittee; [or]
(B) a brewpub licensee to a consumer, including a
sale under Section 74.12, or a permittee or licensee authorized to
sell ale or malt liquor to ultimate consumers; or
(C) a holder of a brewer's permit to an ultimate
consumer under Section 12.07;
(2) the importation of ale or malt liquor under
Section 107.07; or
(3) the sale of ale or malt liquor by a holder of an
out-of-state direct shipper's permit to an ultimate consumer in
this state.
SECTION 12. Section 203.02, Alcoholic Beverage Code, is
amended to read as follows:
Sec. 203.02. "FIRST SALE". In this chapter, "first sale"
means:
(1) the first actual sale of beer by:
(A) [by] the holder of a distributor's license or
by the holder of a manufacturer's license acting under the
authority of Section 62.12, to:
(i) a permittee or licensee authorized to
sell to ultimate consumers;
(ii) a local distributor permittee; or
(iii) a private club registration
permittee; [or]
(B) [by] a brewpub licensee to a consumer,
including a sale under Section 74.12, or a permittee or licensee
authorized to sell beer to ultimate consumers; or
(C) a holder of a manufacturer's license to an
ultimate consumer under Section 62.15;
(2) the importation of beer under Section 107.07; or
(3) the sale of beer by a holder of an out-of-state
direct shipper's permit to an ultimate consumer in this state.
SECTION 13. This Act takes effect September 1, 2015.