Texas 2017 - 85th 1st C.S.

Texas House Bill HB284 Compare Versions

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

Old	New	Differences
1	1	85S11390 JAM-F
2	2	By: Morrison H.B. No. 284
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the designation of a common area for on-premise
8	8	consumption by a holder of certain alcoholic beverage permits and
9	9	licenses.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subtitle C, Title 3, Alcoholic Beverage Code, is
12	12	amended by adding Chapter 82 to read as follows:
13	13	CHAPTER 82. COMMON TASTING AREA FOR MEMBERS OF MANUFACTURING TIER
14	14	Sec. 82.001. APPLICABILITY. This chapter applies only to a
15	15	person:
16	16	(1) who holds more than one type of permit or license
17	17	issued under Chapter 12, 14, 16, or 62; and
18	18	(2) two or more of whose permitted or licensed
19	19	premises are located at the same address or at contiguous addresses
20	20	that are under common ownership.
21	21	Sec. 82.002. DESIGNATION OF COMMON AREA. (a)
22	22	Notwithstanding any other law, a person to whom this chapter
23	23	applies may designate a common area where an alcoholic beverage may
24	24	be transferred from any of the permitted or licensed premises
25	25	located at the same address or a contiguous address under common
26	26	ownership and sold, dispensed, or sampled for on-premise
27	27	consumption under the same terms and conditions that apply to
28	28	selling, dispensing, or sampling that alcoholic beverage for
29	29	on-premise consumption at the transferring permitted or licensed
30	30	premises.
31	31	(b) The designated common area described by Subsection (a)
32	32	must be located:
33	33	(1) on one of the permitted or licensed premises that
34	34	are at the same address or at contiguous addresses under common
35	35	ownership; or
36	36	(2) at the same address or at one of the contiguous
37	37	addresses under common ownership, but separately from any permitted
38	38	or licensed premises at the address.
39	39	Sec. 82.003. TRANSFER FROM INVENTORY; EXCISE TAX. (a)
40	40	Alcoholic beverages transferred from the inventory of a permit or
41	41	license into a designated common area described by Section 82.002
42	42	must be removed from the inventory of the permit or license. The
43	43	transfer must be documented by an invoice or statement showing the
44	44	transfer date, quantity, container size, package, type, and brand
45	45	label.
46	46	(b) Alcoholic beverages transferred to the designated
47	47	common area are subject to excise tax and must be reported on the
48	48	appropriate monthly excise tax report filed with the commission for
49	49	the permit or license making the transfer.
50	50	(c) On a monthly basis, unopened excess inventory may be
51	51	transferred from the designated common area described by Section
52	52	82.002 back into the inventory of the permit or license from which
53	53	it was originally transferred. The transfer back to the inventory
54	54	of the originating permit or license must be documented by an
55	55	invoice or statement showing the transfer date, quantity, container
56	56	size, package, type, and brand label. The transfer of alcoholic
57	57	beverages from the common area back to the inventory of the
58	58	originating permit or license must be shown as a receipt on the
59	59	appropriate monthly excise tax report filed with the commission by
60	60	the permit or license.
61	61	Sec. 82.004. SEPARATE RECORDS. Recordkeeping for the
62	62	designated common area described by Section 82.002 must be kept
63	63	separate for each permit or license held at the same address or at a
64	64	contiguous address under common ownership.
65	65	Sec. 82.005. SUSPENSION OR CANCELLATION OF PERMIT OR
66	66	LICENSE. If an act that is grounds for the suspension or
67	67	cancellation of a permit or license occurs at a common tasting area
68	68	authorized by this chapter:
69	69	(1) the permit or license to which the act may be
70	70	attributed may be suspended or revoked in the same manner as if the
71	71	act occurred on the premises for which the permit or license was
72	72	issued; or
73	73	(2) all permits and licenses operating at the common
74	74	tasting area may be suspended or revoked if the act cannot be
75	75	attributed to a specific permit or license.
76	76	Sec. 82.006. RULES. The commission may adopt rules
77	77	necessary to implement this chapter, including rules establishing a
78	78	procedure for designating a common area under Section 82.002.
79	79	SECTION 2. This Act takes effect immediately if it receives
80	80	a vote of two-thirds of all the members elected to each house, as
81	81	provided by Section 39, Article III, Texas Constitution. If this
82	82	Act does not receive the vote necessary for immediate effect, this
83	83	Act takes effect December 1, 2017.