Texas 2017 - 85th Regular

Texas House Bill HB3344 Compare Versions

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

Old	New	Differences
1	1	85R10923 MCK-D
2	2	By: Isaac H.B. No. 3344
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to creating a temporary charitable festival permit for the
8	8	sale of alcoholic beverages by certain charitable organizations;
9	9	providing a penalty.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subtitle A, Title 3, Alcoholic Beverage Code, is
12	12	amended by adding Chapter 56 to read as follows:
13	13	CHAPTER 56. TEMPORARY CHARITABLE FESTIVAL PERMIT
14	14	Sec. 56.001. AUTHORIZED ACTIVITIES. The holder of a
15	15	temporary charitable festival permit may sell alcoholic beverages
16	16	for on-premises consumption to raise money to support charitable
17	17	works of the permit holder at a festival, including by holding an
18	18	event for which an admission fee is charged. The permit holder may
19	19	sell alcoholic beverages for off-premises consumption at an auction
20	20	that is part of the festival.
21	21	Sec. 56.002. FEE. A fee may not be charged for an
22	22	application for or issuance of a temporary charitable festival
23	23	permit.
24	24	Sec. 56.003. DURATION OF PERMIT. A temporary charitable
25	25	festival permit may be issued for a period of not more than seven
26	26	days.
27	27	Sec. 56.004. ELIGIBILITY. The commission may issue a
28	28	temporary charitable festival permit only to an organization that
29	29	is exempt from taxation under Section 501(a), Internal Revenue Code
30	30	of 1986, by being listed under Section 501(c)(3), Internal Revenue
31	31	Code of 1986.
32	32	Sec. 56.005. FESTIVAL LOCATION; NOTICE. (a) The holder of
33	33	a temporary charitable festival permit may conduct a festival event
34	34	in any area where the sale of the type of alcoholic beverage to be
35	35	sold and its on- or off-premises consumption, as appropriate, is
36	36	authorized by a local option election.
37	37	(b) A festival may be held under the permit at multiple
38	38	locations on the same day and at the same time.
39	39	(c) The holder of a temporary charitable festival permit may
40	40	hold a festival at a premises of another permit or license holder
41	41	if:
42	42	(1) the alcoholic beverages to be sold are kept
43	43	separate from the alcoholic beverages sold, stored, or served at
44	44	the premises; and
45	45	(2) the alcoholic beverages used during the festival,
46	46	whether sold as part of an auction or unsold, are removed from the
47	47	premises immediately following the festival.
48	48	(d) Before the holder of a temporary charitable festival
49	49	permit offers alcoholic beverages for sale at a festival under this
50	50	chapter, the permit holder must, in accordance with any rules
51	51	adopted or procedures established by the commission, notify the
52	52	commission of the date on which and location where the permit holder
53	53	will hold a festival.
54	54	Sec. 56.006. SOURCE OF ALCOHOL. (a) The holder of a
55	55	temporary charitable festival permit may purchase alcoholic
56	56	beverages from any retailer for resale and any retailer may sell
57	57	alcoholic beverages to the permit holder for resale.
58	58	(b) The holder of a temporary charitable festival permit may
59	59	sell alcoholic beverages donated by any person, including a
60	60	manufacturer, wholesaler, or retailer licensed or permitted under
61	61	this code.
62	62	Sec. 56.007. RULES. (a) The commission shall adopt rules
63	63	governing the issuance and use of a temporary charitable festival
64	64	permit.
65	65	(b) The commission shall adopt rules establishing penalties
66	66	for the violation of rules adopted under this chapter. A penalty
67	67	established by the commission under this subsection may not exceed
68	68	a penalty that the commission may impose on the holder of another
69	69	temporary license or permit.
70	70	SECTION 2. This Act takes effect September 1, 2017.