Texas 2017 - 85th Regular

Texas House Bill HB3089 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	85R23667 JAM-F
2	2	By: Morrison H.B. No. 3089
3	3	Substitute the following for H.B. No. 3089:
4	4	By: Kuempel C.S.H.B. No. 3089
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the designation of a common area for on-premise
10	10	consumption by a holder of certain alcoholic beverage permits and
11	11	licenses.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Subtitle C, Title 3, Alcoholic Beverage Code, is
14	14	amended by adding Chapter 82 to read as follows:
15	15	CHAPTER 82. COMMON TASTING AREA FOR MEMBERS OF MANUFACTURING TIER
16	16	Sec. 82.001. APPLICABILITY. This chapter applies only to a
17	17	person:
18	18	(1) who holds more than one type of permit or license
19	19	issued under Chapter 12, 14, 16, or 62; and
20	20	(2) two or more of whose permitted or licensed
21	21	premises are located at the same address or at contiguous addresses
22	22	that are under common ownership.
23	23	Sec. 82.002. DESIGNATION OF COMMON AREA. (a)
24	24	Notwithstanding any other law, a person to whom this chapter
25	25	applies may designate a common area where an alcoholic beverage may
26	26	be transferred from any of the permitted or licensed premises
27	27	located at the same address or a contiguous address under common
28	28	ownership and sold, dispensed, or sampled for on-premise
29	29	consumption under the same terms and conditions that apply to
30	30	selling, dispensing, or sampling that alcoholic beverage for
31	31	on-premise consumption at the transferring permitted or licensed
32	32	premises.
33	33	(b) The designated common area described by Subsection (a)
34	34	must be located:
35	35	(1) on one of the permitted or licensed premises that
36	36	are at the same address or at contiguous addresses under common
37	37	ownership; or
38	38	(2) at the same address or at one of the contiguous
39	39	addresses under common ownership, but separately from any permitted
40	40	or licensed premises at the address.
41	41	Sec. 82.003. TRANSFER FROM INVENTORY; EXCISE TAX. (a)
42	42	Alcoholic beverages transferred from the inventory of a permit or
43	43	license into a designated common area described by Section 82.002
44	44	must be removed from the inventory of the permit or license. The
45	45	transfer must be documented by an invoice or statement showing the
46	46	transfer date, quantity, container size, package, type, and brand
47	47	label.
48	48	(b) Alcoholic beverages transferred to the designated
49	49	common area are subject to excise tax and must be reported on the
50	50	appropriate monthly excise tax report filed with the commission for
51	51	the permit or license making the transfer.
52	52	(c) On a monthly basis, unopened excess inventory may be
53	53	transferred from the designated common area described by Section
54	54	82.002 back into the inventory of the permit or license from which
55	55	it was originally transferred. The transfer back to the inventory
56	56	of the originating permit or license must be documented by an
57	57	invoice or statement showing the transfer date, quantity, container
58	58	size, package, type, and brand label. The transfer of alcoholic
59	59	beverages from the common area back to the inventory of the
60	60	originating permit or license must be shown as a receipt on the
61	61	appropriate monthly excise tax report filed with the commission by
62	62	the permit or license.
63	63	Sec. 82.004. SEPARATE RECORDS. Recordkeeping for the
64	64	designated common area described by Section 82.002 must be kept
65	65	separate for each permit or license held at the same address or at a
66	66	contiguous address under common ownership.
67	67	Sec. 82.005. SUSPENSION OR CANCELLATION OF PERMIT OR
68	68	LICENSE. If an act that is grounds for the suspension or
69	69	cancellation of a permit or license occurs at a common tasting area
70	70	authorized by this chapter:
71	71	(1) the permit or license to which the act may be
72	72	attributed may be suspended or revoked in the same manner as if the
73	73	act occurred on the premises for which the license or permit was
74	74	issued; or
75	75	(2) all permits and licenses operating at the common
76	76	tasting area may be suspended or revoked if the act cannot be
77	77	attributed to a specific permit or license.
78	78	Sec. 82.006. RULES. The commission may adopt rules
79	79	necessary to implement this chapter, including rules establishing a
80	80	procedure for designating a common area under Section 82.002.
81	81	SECTION 2. This Act takes effect immediately if it receives
82	82	a vote of two-thirds of all the members elected to each house, as
83	83	provided by Section 39, Article III, Texas Constitution. If this
84	84	Act does not receive the vote necessary for immediate effect, this
85	85	Act takes effect September 1, 2017.