By: Creighton S.B. No. 1760
(Kacal)
A BILL TO BE ENTITLED
AN ACT
relating to product tastings of alcoholic beverages on certain
permitted premises.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 14, Alcoholic Beverage Code, is amended
by adding Section 14.07 to read as follows:
Sec. 14.07. PRODUCT TASTINGS. (a) The holder of a
distiller's and rectifier's permit or the agent or employee of the
holder of a distiller's and rectifier's permit may:
(1) conduct distilled spirits samplings, including
product tastings of distilled spirits, on the premises of the
holder of:
(A) a package store permit;
(B) a mixed beverage permit; or
(C) a private club registration permit; and
(2) open, touch, or pour distilled spirits, make a
presentation, or answer questions at a distilled spirits sampling
or product tasting.
(b) The distilled spirits used for a distilled spirits
sampling or product tasting under Subsection (a) may be provided
from the distiller's and rectifier's permit holder's inventory if:
(1) the distilled spirits are legally transported to
the premises where the sampling or product tasting is to be
conducted;
(2) the distilled spirits are ordinarily offered for
sale by the holder of the distiller's and rectifier's permit;
(3) the holder of the distiller's and rectifier's
permit pays the taxes owed under Chapter 183, Tax Code, on the
distilled spirits used for the sampling or product tasting; and
(4) except as provided by Subsection (d), the person
who conducts the sampling or product tasting complies with the
requirements of Section 52.01 for conducting a product tasting
under that section.
(c) Before an agent or employee of a holder of a distiller's
and rectifier's permit conducts a distilled spirits sampling or
product tasting under this section, the holder of the distiller's
and rectifier's permit or the permit holder's agent or employee
shall provide to the permit holder for the premises where the
sampling or product tasting is to be conducted written notice that
the agent or employee maintains a seller server certificate as
defined by 16 T.A.C. Section 50.2.
(d) To the extent of a conflict between this section and
Section 52.01, this section controls.
SECTION 2. Section 15.01, Alcoholic Beverage Code, is
amended to read as follows:
Sec. 15.01. AUTHORIZED ACTIVITIES. The holder of a
distiller's agent's permit may:
(1) represent the holder of a distiller's and
rectifier's permit;
(2) solicit and take orders from a holder of a
wholesaler's permit for the sale of distilled spirits manufactured
by the permit holder represented by the agent; and
(3) conduct free distilled spirits tastings for
consumers on the premises of the holder of a package store permit,
mixed beverage permit, or private club registration permit.
SECTION 3. Sections 22.10 and 22.11, Alcoholic Beverage
Code, are amended to read as follows:
Sec. 22.10. OPENING CONTAINERS PROHIBITED. Except as
authorized under Section 14.07 or 52.01 [of this code], no person
may break or open a container containing liquor or beer or possess
an opened container of liquor or beer on the premises of a package
store.
Sec. 22.11. CONSUMPTION ON PREMISES PROHIBITED. Except as
authorized under Section 14.07 or 52.01, no person may sell,
barter, exchange, deliver, or give away any drink or drinks of
alcoholic beverages from a container that has been opened or broken
on the premises of a package store.
SECTION 4. Sections 28.06(a) and (c), Alcoholic Beverage
Code, are amended to read as follows:
(a) Except as provided by Section 14.07, no [No] holder of a
mixed beverage permit, nor any officer, agent, or employee of a
holder, may possess or permit to be possessed on the premises for
which the permit is issued any alcoholic beverage which is not
covered by an invoice from the supplier from whom the alcoholic
beverage was purchased.
(c) Except as provided by Section 14.07, no [No] holder of a
mixed beverage permit, nor any officer, agent, or employee of a
holder, may knowingly possess or permit to be possessed on the
licensed premises any alcoholic beverage which is not covered by an
invoice from the supplier from whom the alcoholic beverage was
purchased.
SECTION 5. Section 28.15(a), Alcoholic Beverage Code, is
amended to read as follows:
(a) Except as provided by Section 14.07, a [A] mixed
beverage permittee may not possess or permit a person to possess on
the premises distilled spirits in any container that does not bear a
serially numbered identification stamp issued by the commission or
other identification approved by the commission.
SECTION 6. Section 32.15, Alcoholic Beverage Code, is
amended to read as follows:
Sec. 32.15. REMOVAL OF BEVERAGES FROM PREMISES. A private
club, irrespective of location or system of storage of alcoholic
beverages, may not permit any person to remove any alcoholic
beverages from the club premises, except as authorized by
[Subsection (b) of] Section 28.10(b) or for the purpose of removing
unused inventory the person brought onto the premises under Section
14.07(b) [28.10 of this code].
SECTION 7. Section 32.20(a), Alcoholic Beverage Code, is
amended to read as follows:
(a) Except as provided by Section 14.07, a [A] private club
registration permittee may not possess or permit a person to
possess on the premises distilled spirits in any container that
does not bear a serially numbered identification stamp issued by
the commission or other identification approved by the commission.
SECTION 8. Sections 52.01(b) and (c), Alcoholic Beverage
Code, are repealed.
SECTION 9. This Act takes effect September 1, 2017.