Texas 2017 - 85th Regular

Texas Senate Bill SB1760 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1		By: Creighton S.B. No. 1760
2		-	(Kacal)
3	2
4	3
5	4		A BILL TO BE ENTITLED
6	5		AN ACT
7	6		relating to product tastings of alcoholic beverages on certain
8	7		permitted premises.
9	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	9		SECTION 1. Chapter 14, Alcoholic Beverage Code, is amended
11	10		by adding Section 14.07 to read as follows:
12	11		Sec. 14.07. PRODUCT TASTINGS. (a) The holder of a
13	12		distiller's and rectifier's permit or the agent or employee of the
14	13		holder of a distiller's and rectifier's permit may:
15	14		(1) conduct distilled spirits samplings, including
16	15		product tastings of distilled spirits, on the premises of the
17	16		holder of:
18	17		(A) a package store permit;
19	18		(B) a mixed beverage permit; or
20	19		(C) a private club registration permit; and
21	20		(2) open, touch, or pour distilled spirits, make a
22	21		presentation, or answer questions at a distilled spirits sampling
23	22		or product tasting.
24	23		(b) The distilled spirits used for a distilled spirits
25	24		sampling or product tasting under Subsection (a) may be provided
26	25		from the distiller's and rectifier's permit holder's inventory if:
27	26		(1) the distilled spirits are legally transported to
28	27		the premises where the sampling or product tasting is to be
29	28		conducted;
30	29		(2) the distilled spirits are ordinarily offered for
31	30		sale by the holder of the distiller's and rectifier's permit;
32	31		(3) the holder of the distiller's and rectifier's
33	32		permit pays the taxes owed under Chapter 183, Tax Code, on the
34	33		distilled spirits used for the sampling or product tasting; and
35	34		(4) except as provided by Subsection (d), the person
36	35		who conducts the sampling or product tasting complies with the
37	36		requirements of Section 52.01 for conducting a product tasting
38	37		under that section.
39	38		(c) Before an agent or employee of a holder of a distiller's
40	39		and rectifier's permit conducts a distilled spirits sampling or
41	40		product tasting under this section, the holder of the distiller's
42	41		and rectifier's permit or the permit holder's agent or employee
43	42		shall provide to the permit holder for the premises where the
44	43		sampling or product tasting is to be conducted written notice that
45	44		the agent or employee maintains a seller server certificate as
46	45		defined by 16 T.A.C. Section 50.2.
47	46		(d) To the extent of a conflict between this section and
48	47		Section 52.01, this section controls.
49	48		SECTION 2. Section 15.01, Alcoholic Beverage Code, is
50	49		amended to read as follows:
51	50		Sec. 15.01. AUTHORIZED ACTIVITIES. The holder of a
52	51		distiller's agent's permit may:
53	52		(1) represent the holder of a distiller's and
54	53		rectifier's permit;
55	54		(2) solicit and take orders from a holder of a
56	55		wholesaler's permit for the sale of distilled spirits manufactured
57	56		by the permit holder represented by the agent; and
58	57		(3) conduct free distilled spirits tastings for
59	58		consumers on the premises of the holder of a package store permit,
60	59		mixed beverage permit, or private club registration permit.
61	60		SECTION 3. Sections 22.10 and 22.11, Alcoholic Beverage
62	61		Code, are amended to read as follows:
63	62		Sec. 22.10. OPENING CONTAINERS PROHIBITED. Except as
64	63		authorized under Section 14.07 or 52.01 [of this code], no person
65	64		may break or open a container containing liquor or beer or possess
66	65		an opened container of liquor or beer on the premises of a package
67	66		store.
68	67		Sec. 22.11. CONSUMPTION ON PREMISES PROHIBITED. Except as
69	68		authorized under Section 14.07 or 52.01, no person may sell,
70	69		barter, exchange, deliver, or give away any drink or drinks of
71	70		alcoholic beverages from a container that has been opened or broken
72	71		on the premises of a package store.
73	72		SECTION 4. Sections 28.06(a) and (c), Alcoholic Beverage
74	73		Code, are amended to read as follows:
75	74		(a) Except as provided by Section 14.07, no [No] holder of a
76	75		mixed beverage permit, nor any officer, agent, or employee of a
77	76		holder, may possess or permit to be possessed on the premises for
78	77		which the permit is issued any alcoholic beverage which is not
79	78		covered by an invoice from the supplier from whom the alcoholic
80	79		beverage was purchased.
81	80		(c) Except as provided by Section 14.07, no [No] holder of a
82	81		mixed beverage permit, nor any officer, agent, or employee of a
83	82		holder, may knowingly possess or permit to be possessed on the
84	83		licensed premises any alcoholic beverage which is not covered by an
85	84		invoice from the supplier from whom the alcoholic beverage was
86	85		purchased.
87	86		SECTION 5. Section 28.15(a), Alcoholic Beverage Code, is
88	87		amended to read as follows:
89	88		(a) Except as provided by Section 14.07, a [A] mixed
90	89		beverage permittee may not possess or permit a person to possess on
91	90		the premises distilled spirits in any container that does not bear a
92	91		serially numbered identification stamp issued by the commission or
93	92		other identification approved by the commission.
94	93		SECTION 6. Section 32.15, Alcoholic Beverage Code, is
95	94		amended to read as follows:
96	95		Sec. 32.15. REMOVAL OF BEVERAGES FROM PREMISES. A private
97	96		club, irrespective of location or system of storage of alcoholic
98	97		beverages, may not permit any person to remove any alcoholic
99	98		beverages from the club premises, except as authorized by
100	99		[Subsection (b) of] Section 28.10(b) or for the purpose of removing
101	100		unused inventory the person brought onto the premises under Section
102	101		14.07(b) [28.10 of this code].
103	102		SECTION 7. Section 32.20(a), Alcoholic Beverage Code, is
104	103		amended to read as follows:
105	104		(a) Except as provided by Section 14.07, a [A] private club
106	105		registration permittee may not possess or permit a person to
107	106		possess on the premises distilled spirits in any container that
108	107		does not bear a serially numbered identification stamp issued by
109	108		the commission or other identification approved by the commission.
110	109		SECTION 8. Sections 52.01(b) and (c), Alcoholic Beverage
111	110		Code, are repealed.
112	111		SECTION 9. This Act takes effect September 1, 2017.