Texas 2017 - 85th Regular

Texas House Bill HB3067 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R8471 JAM-F
2	2	By: Kacal H.B. No. 3067
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to product tastings of alcoholic beverages on certain
8	8	permitted premises.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 14, Alcoholic Beverage Code, is amended
11	11	by adding Section 14.07 to read as follows:
12	12	Sec. 14.07. PRODUCT TASTINGS. (a) The holder of a
13	13	distiller's and rectifier's permit or the agent or employee of the
14	14	holder of a distiller's and rectifier's permit may:
15	15	(1) conduct distilled spirits samplings, including
16	16	product tastings of distilled spirits, on the premises of the
17	17	holder of:
18	18	(A) a package store permit;
19	19	(B) a mixed beverage permit; or
20	20	(C) a private club registration permit; and
21	21	(2) open, touch, or pour distilled spirits, make a
22	22	presentation, or answer questions at a distilled spirits sampling
23	23	or product tasting.
24	24	(b) The distilled spirits used for a distilled spirits
25	25	sampling or product tasting under Subsection (a) may be provided
26	26	from the distiller's and rectifier's permit holder's inventory if:
27	27	(1) the distilled spirits are legally transported to
28	28	the premises where the sampling or product tasting is to be
29	29	conducted;
30	30	(2) the distilled spirits are ordinarily offered for
31	31	sale by the holder of the distiller's and rectifier's permit;
32	32	(3) the holder of the distiller's and rectifier's
33	33	permit pays the taxes owed under Chapter 183, Tax Code, on the
34	34	distilled spirits used for the sampling or product tasting; and
35	35	(4) except as provided by Subsection (d), the person
36	36	who conducts the sampling or product tasting complies with the
37	37	requirements of Section 52.01 for conducting a product tasting
38	38	under that section.
39	39	(c) Before an agent or employee of a holder of a distiller's
40	40	and rectifier's permit conducts a distilled spirits sampling or
41	41	product tasting under this section, the holder of the distiller's
42	42	and rectifier's permit or the permit holder's agent or employee
43	43	shall provide to the permit holder for the premises where the
44	44	sampling or product tasting is to be conducted written notice that
45	45	the agent or employee maintains a seller server certificate as
46	46	defined by 16 T.A.C. Section 50.2.
47	47	(d) To the extent of a conflict between this section and
48	48	Section 52.01, this section controls.
49	49	SECTION 2. Section 15.01, Alcoholic Beverage Code, is
50	50	amended to read as follows:
51	51	Sec. 15.01. AUTHORIZED ACTIVITIES. The holder of a
52	52	distiller's agent's permit may:
53	53	(1) represent the holder of a distiller's and
54	54	rectifier's permit;
55	55	(2) solicit and take orders from a holder of a
56	56	wholesaler's permit for the sale of distilled spirits manufactured
57	57	by the permit holder represented by the agent; and
58	58	(3) conduct free distilled spirits tastings for
59	59	consumers on the premises of the holder of a package store permit,
60	60	mixed beverage permit, or private club registration permit.
61	61	SECTION 3. Sections 22.10 and 22.11, Alcoholic Beverage
62	62	Code, are amended to read as follows:
63	63	Sec. 22.10. OPENING CONTAINERS PROHIBITED. Except as
64	64	authorized under Section 14.07 or 52.01 [of this code], no person
65	65	may break or open a container containing liquor or beer or possess
66	66	an opened container of liquor or beer on the premises of a package
67	67	store.
68	68	Sec. 22.11. CONSUMPTION ON PREMISES PROHIBITED. Except as
69	69	authorized under Section 14.07 or 52.01, no person may sell,
70	70	barter, exchange, deliver, or give away any drink or drinks of
71	71	alcoholic beverages from a container that has been opened or broken
72	72	on the premises of a package store.
73	73	SECTION 4. Sections 28.06(a) and (c), Alcoholic Beverage
74	74	Code, are amended to read as follows:
75	75	(a) Except as provided by Section 14.07, no [No] holder of a
76	76	mixed beverage permit, nor any officer, agent, or employee of a
77	77	holder, may possess or permit to be possessed on the premises for
78	78	which the permit is issued any alcoholic beverage which is not
79	79	covered by an invoice from the supplier from whom the alcoholic
80	80	beverage was purchased.
81	81	(c) Except as provided by Section 14.07, no [No] holder of a
82	82	mixed beverage permit, nor any officer, agent, or employee of a
83	83	holder, may knowingly possess or permit to be possessed on the
84	84	licensed premises any alcoholic beverage which is not covered by an
85	85	invoice from the supplier from whom the alcoholic beverage was
86	86	purchased.
87	87	SECTION 5. Section 28.15(a), Alcoholic Beverage Code, is
88	88	amended to read as follows:
89	89	(a) Except as provided by Section 14.07, a [A] mixed
90	90	beverage permittee may not possess or permit a person to possess on
91	91	the premises distilled spirits in any container that does not bear a
92	92	serially numbered identification stamp issued by the commission or
93	93	other identification approved by the commission.
94	94	SECTION 6. Section 32.15, Alcoholic Beverage Code, is
95	95	amended to read as follows:
96	96	Sec. 32.15. REMOVAL OF BEVERAGES FROM PREMISES. A private
97	97	club, irrespective of location or system of storage of alcoholic
98	98	beverages, may not permit any person to remove any alcoholic
99	99	beverages from the club premises, except as authorized by
100	100	[Subsection (b) of] Section 28.10(b) or for the purpose of removing
101	101	unused inventory the person brought onto the premises under Section
102	102	14.07(b) [28.10 of this code].
103	103	SECTION 7. Section 32.20(a), Alcoholic Beverage Code, is
104	104	amended to read as follows:
105	105	(a) Except as provided by Section 14.07, a [A] private club
106	106	registration permittee may not possess or permit a person to
107	107	possess on the premises distilled spirits in any container that
108	108	does not bear a serially numbered identification stamp issued by
109	109	the commission or other identification approved by the commission.
110	110	SECTION 8. Sections 52.01(b) and (c), Alcoholic Beverage
111	111	Code, are repealed.
112	112	SECTION 9. This Act takes effect September 1, 2017.