85S11390 JAM-F
By: Morrison H.B. No. 284
A BILL TO BE ENTITLED
AN ACT
relating to the designation of a common area for on-premise
consumption by a holder of certain alcoholic beverage permits and
licenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle C, Title 3, Alcoholic Beverage Code, is
amended by adding Chapter 82 to read as follows:
CHAPTER 82. COMMON TASTING AREA FOR MEMBERS OF MANUFACTURING TIER
Sec. 82.001. APPLICABILITY. This chapter applies only to a
person:
(1) who holds more than one type of permit or license
issued under Chapter 12, 14, 16, or 62; and
(2) two or more of whose permitted or licensed
premises are located at the same address or at contiguous addresses
that are under common ownership.
Sec. 82.002. DESIGNATION OF COMMON AREA. (a)
Notwithstanding any other law, a person to whom this chapter
applies may designate a common area where an alcoholic beverage may
be transferred from any of the permitted or licensed premises
located at the same address or a contiguous address under common
ownership and sold, dispensed, or sampled for on-premise
consumption under the same terms and conditions that apply to
selling, dispensing, or sampling that alcoholic beverage for
on-premise consumption at the transferring permitted or licensed
premises.
(b) The designated common area described by Subsection (a)
must be located:
(1) on one of the permitted or licensed premises that
are at the same address or at contiguous addresses under common
ownership; or
(2) at the same address or at one of the contiguous
addresses under common ownership, but separately from any permitted
or licensed premises at the address.
Sec. 82.003. TRANSFER FROM INVENTORY; EXCISE TAX. (a)
Alcoholic beverages transferred from the inventory of a permit or
license into a designated common area described by Section 82.002
must be removed from the inventory of the permit or license. The
transfer must be documented by an invoice or statement showing the
transfer date, quantity, container size, package, type, and brand
label.
(b) Alcoholic beverages transferred to the designated
common area are subject to excise tax and must be reported on the
appropriate monthly excise tax report filed with the commission for
the permit or license making the transfer.
(c) On a monthly basis, unopened excess inventory may be
transferred from the designated common area described by Section
82.002 back into the inventory of the permit or license from which
it was originally transferred. The transfer back to the inventory
of the originating permit or license must be documented by an
invoice or statement showing the transfer date, quantity, container
size, package, type, and brand label. The transfer of alcoholic
beverages from the common area back to the inventory of the
originating permit or license must be shown as a receipt on the
appropriate monthly excise tax report filed with the commission by
the permit or license.
Sec. 82.004. SEPARATE RECORDS. Recordkeeping for the
designated common area described by Section 82.002 must be kept
separate for each permit or license held at the same address or at a
contiguous address under common ownership.
Sec. 82.005. SUSPENSION OR CANCELLATION OF PERMIT OR
LICENSE. If an act that is grounds for the suspension or
cancellation of a permit or license occurs at a common tasting area
authorized by this chapter:
(1) the permit or license to which the act may be
attributed may be suspended or revoked in the same manner as if the
act occurred on the premises for which the permit or license was
issued; or
(2) all permits and licenses operating at the common
tasting area may be suspended or revoked if the act cannot be
attributed to a specific permit or license.
Sec. 82.006. RULES. The commission may adopt rules
necessary to implement this chapter, including rules establishing a
procedure for designating a common area under Section 82.002.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect December 1, 2017.