6 | 4 | | AN ACT |
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7 | 5 | | relating to the sale of distilled spirits to ultimate consumers by |
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8 | 6 | | the holder of a distiller's and rectifier's permit. |
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9 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 8 | | SECTION 1. Section 14.01(a), Alcoholic Beverage Code, as |
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11 | 9 | | amended by Chapters 106 (S.B. 905), 195 (S.B. 642), and 1171 (S.B. |
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12 | 10 | | 652), Acts of the 83rd Legislature, Regular Session, 2013, is |
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13 | 11 | | reenacted and amended to read as follows: |
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14 | 12 | | (a) The holder of a distiller's and rectifier's permit may: |
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15 | 13 | | (1) manufacture distilled spirits; |
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16 | 14 | | (2) rectify, purify, and refine distilled spirits and |
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17 | 15 | | wines; |
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18 | 16 | | (3) mix wines, distilled spirits, or other liquors; |
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19 | 17 | | (4) bottle, label, and package the permit holder's |
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20 | 18 | | finished products; |
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21 | 19 | | (5) sell the finished products in this state to |
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22 | 20 | | holders of wholesaler's permits and to qualified persons outside |
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23 | 21 | | the state; |
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24 | 22 | | (6) purchase distilled spirits, to be used only for |
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25 | 23 | | manufacturing or rectification purposes, from holders of |
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26 | 24 | | nonresident seller's permits or distiller's and rectifier's |
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27 | 25 | | permits; |
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28 | 26 | | (7) dispense free distilled spirits for consumption on |
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29 | 27 | | the permitted premises under Section 14.04; [and] |
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30 | 28 | | (8) sell bulk alcohol produced by the permit holder to |
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31 | 29 | | holders of industrial permits in this state; and |
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32 | 30 | | (9) [(8) if located in a wet area,] sell distilled |
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33 | 31 | | spirits to ultimate consumers under Section 14.04 or 14.05. |
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34 | 32 | | SECTION 2. Section 14.04(a), Alcoholic Beverage Code, is |
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35 | 33 | | amended to read as follows: |
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36 | 34 | | (a) The holder of a distiller's and rectifier's permit may |
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37 | 35 | | conduct distilled spirits samplings on the permitted |
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38 | 36 | | premises. The permit holder may: |
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39 | 37 | | (1) dispense free samples; or |
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40 | 38 | | (2) if the permitted premises is located in an area |
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41 | 39 | | where the sale of alcoholic beverages is legal as provided by a |
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42 | 40 | | ballot issue approved by the voters under Section 501.035(b)(7), |
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43 | 41 | | (8), or (9), Election Code, collect a fee for the sampling. |
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44 | 42 | | SECTION 3. Sections 14.05(a) and (b), Alcoholic Beverage |
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45 | 43 | | Code, as added by Chapter 106 (S.B. 905), Acts of the 83rd |
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46 | 44 | | Legislature, Regular Session, 2013, are amended to read as follows: |
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47 | 45 | | (a) The holder of a distiller's and rectifier's permit whose |
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48 | 46 | | permitted premises is located in an area where the sale of alcoholic |
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49 | 47 | | beverages is legal as provided by a ballot issue approved by the |
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50 | 48 | | voters under Section 501.035(b)(7), (8), or (9), Election Code, may |
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51 | 49 | | sell to ultimate consumers for consumption on the permitted |
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52 | 50 | | premises distilled spirits manufactured or rectified by the permit |
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53 | 51 | | holder in an amount not to exceed 3,000 gallons annually. |
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54 | 52 | | (b) The holder of a distiller's and rectifier's permit may |
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55 | 53 | | sell distilled spirits manufactured by the permit holder to |
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56 | 54 | | ultimate consumers for off-premises consumption in unbroken |
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57 | 55 | | packages containing not more than 750 milliliters of distilled |
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58 | 56 | | spirits for off-premises consumption in an amount not to exceed |
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59 | 57 | | 3,500 gallons annually if: |
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60 | 58 | | (1) for a permit issued on or after September 1, 2013, |
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61 | 59 | | the permitted premises is located in an area where the sale of |
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62 | 60 | | alcoholic beverages is legal as provided by a ballot issue approved |
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63 | 61 | | by the voters under Section 501.035(b)(5), (6), or (7), Election |
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64 | 62 | | Code; or |
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65 | 63 | | (2) for a permit issued before September 1, 2013, the |
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66 | 64 | | permitted premises is located in an area where the sale of alcoholic |
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67 | 65 | | beverages is legal as provided by a ballot issue approved by the |
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68 | 66 | | voters under Section 501.035(b)(5), (6), (7), (8), or (9), Election |
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69 | 67 | | Code. |
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70 | 68 | | SECTION 4. This Act takes effect September 1, 2015. |
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