By: Anchia H.B. No. 4164
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of certain alcoholic beverage licenses
and permits.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 61.71(a)(25), Alcoholic Beverage Code,
is amended to read as follows:
(a) The commission or administrator may suspend for not more
than 60 days or cancel an original or renewal retail dealer's on- or
off-premise license if it is found, after notice and hearing, that
the licensee:
(25) occupied premises in which the holder of a
manufacturer's or distributor's license had an interest of any
kind, except as described by Section 102.03(c);
SECTION 2. Section 102.03, Alcoholic Beverage Code, is
amended by adding subsection (c) to read as follows:
Sec. 102.03. PERSONS BARRED FROM INTEREST IN PREMISES OF
RETAIL LIQUOR OUTLET.
(c) Subsection (b) of this section does not prohibit the
holder of a non-resident seller's permit, direct shipper's permit,
winery permit or wine bottler's permit that has an interest
directly or indirectly, or through a subsidiary, affiliate, agent,
employee, officer, director, or firm member in a commercial real
estate development located within a municipality from leasing a
premise that is part of the commercial real estate development to
the holder of a package store permit, wine only package store
permit, or mixed beverage permit if the holder of the non-resident
seller's permit, direct shipper's permit, winery permit or wine
bottler's permit, either directly or indirectly, or through a
subsidiary, affiliate, agent, employee, officer, director, or firm
member:
(1) owns a minimum of 1,000,000 cumulative gross
square feet of commercial real estate contiguous to, adjacent to,
or within two square miles of the premises, or
(2) owns commercial real estate, comprising the
premises, that is within a 2 mile radius of a civic theater center,
symphony hall, opera hall, museum, athletic training facility, or
public entertainment facility as defined in Section 108.73(2).
SECTION 3. Section 102.04(b), Alcoholic Beverage Code, is
amended to read as follows:
Sec. 102.04. PERSONS BARRED FROM INTEREST IN MIXED BEVERAGE
BUSINESS.
(b) Except as permitted in Section 23.01 and Section
102.03(c) of this code, no person to whom this section applies may:
(1) have a direct or indirect interest in the business, premises,
equipment, or fixtures of a mixed beverage establishment; (2)
furnish or lend any money, service, or other thing of value to a
mixed beverage permittee or guarantee the fulfillment of a
financial obligation of a mixed beverage permittee; (3) enter or
offer to enter into an agreement, condition, or system which in
effect amounts to the shipment and delivery of alcoholic beverages
on consignment; (4) furnish, rent, lend, or sell to a mixed beverage
permittee any equipment, fixtures, or supplies used in the selling
or dispensing of alcoholic beverages; Texas Alcoholic Beverage Code
(2017) 135 (5) pay or make an allowance to a mixed beverage
permittee for a special advertising or distributing service, or
allow the permittee an excessive discount; (6) offer to a mixed
beverage permittee a prize, premium, or other inducement, except as
permitted by Section 102.07 (b) of this code; or (7) advertise in
the convention program or sponsor a function at a meeting or
convention or a trade association of holders of mixed beverage
permits, unless the trade association was incorporated before 1950.
SECTION 4. Section 102.07(a)(1), Alcoholic Beverage Code,
is amended to read as follows:
(a) Except as provided in Subsections (b), (d), and (g), no
person who owns or has an interest in the business of a distiller,
brewer, rectifier, wholesaler, class B wholesaler, winery, or wine
bottler, nor the agent, servant, or employee of such a person, may:
(1) except as permitted by Section 102.03(c), own or
have a direct or indirect interest in the business, premises,
equipment, or fixtures of a retailer;
SECTION 5. This Act takes effect September 1, 2019.