By: Hancock S.B. No. 1450
(In the Senate - Filed March 4, 2019; March 14, 2019, read
first time and referred to Committee on Business & Commerce;
April 8, 2019, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 9, Nays 0; April 8, 2019,
sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 1450 By: Hancock
A BILL TO BE ENTITLED
AN ACT
relating to the delivery of alcoholic beverages from certain
premises to ultimate consumers; authorizing a fee; creating an
offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 28.10(a), Alcoholic Beverage Code, is
amended to read as follows:
(a) Except as provided by this section or Sections [Section]
28.01(b) and 28.1001, a mixed beverage permittee may not sell an
alcoholic beverage to another mixed beverage permittee or to any
other person except for consumption on the seller's licensed
premises.
SECTION 2. Chapter 28, Alcoholic Beverage Code, is amended
by adding Section 28.1001 to read as follows:
Sec. 28.1001. OFF-PREMISES DELIVERY OF ALCOHOLIC
BEVERAGES. (a) Notwithstanding any other provision of this code,
the holder of a mixed beverage permit may deliver, or have delivered
by a third party, including an independent contractor acting under
Chapter 57, an alcoholic beverage from the permitted premises to an
ultimate consumer located off-premises and in an area where the
sale of the beverage is legal if:
(1) the holder of the mixed beverage permit holds a
food and beverage certificate for the permitted premises;
(2) the delivery of the alcoholic beverage is made as
part of the delivery of food prepared at the permitted premises;
(3) the alcoholic beverage is:
(A) beer, ale, or wine delivered in an original
container sealed by the manufacturer; or
(B) an alcoholic beverage other than beer, ale,
or wine, delivered in an original, single-serving container sealed
by the manufacturer and not larger than 375 milliliters; and
(4) the delivery is not made to a premises that is
permitted or licensed under this code.
(b) An alcoholic beverage may be delivered under this
section only by a person who is 21 years of age or older.
(c) An alcoholic beverage may be delivered under this
section only to a person who is 21 years of age or older after the
person accepting the delivery presents valid proof of identity and
age and:
(1) the person accepting the delivery personally signs
a receipt, which may be electronic, acknowledging the delivery; or
(2) the person making the delivery acknowledges the
completion of the delivery through a software application.
(d) This section does not authorize the holder of a brewpub
license who also holds a wine and beer retailer's permit to deliver
alcoholic beverages directly to ultimate consumers for off-premise
consumption at a location other than the licensed premises.
SECTION 3. Subtitle A, Title 3, Alcoholic Beverage Code, is
amended by adding Chapter 57 to read as follows:
CHAPTER 57. CONSUMER DELIVERY PERMIT
Sec. 57.01. AUTHORIZED ACTIVITIES. (a) The holder of a
consumer delivery permit may contract with or employ a driver for
the delivery of an alcoholic beverage from the premises of the
holder of a retailer's permit described by Subsection (b) to an
ultimate consumer located in an area where the sale of the beverage
is legal.
(b) An alcoholic beverage may be delivered under this
section only if the alcoholic beverage is sold to the ultimate
consumer by the holder of a:
(1) package store permit;
(2) wine only package store permit;
(3) wine and beer retailer's permit;
(4) wine and beer retailer's off-premise permit;
(5) retail dealer's on-premise license;
(6) retail dealer's off-premise license; or
(7) mixed beverage permit authorized to deliver
alcoholic beverages under Section 28.1001.
Sec. 57.02. DETERMINATION OF DELIVERY AREA. (a) In
determining whether the sale of an alcoholic beverage is legal in an
area for purposes of Section 57.01, a person who sells or delivers
an alcoholic beverage under that section may consult a map or other
publicly available information produced by the commission for the
purpose of establishing where the sale of alcoholic beverages is
legal.
(b) The holder of a consumer delivery permit may make
deliveries of alcoholic beverages:
(1) only in response to bona fide orders placed by the
consumer under Section 57.01; and
(2) only in areas where the sale of the beverages is
legal in:
(A) the county in which the premises of the
retailer making the sale is located;
(B) the city or town in which the premises of the
retailer making the sale is located, if the retailer is located in a
city or town; or
(C) an area not further than two miles beyond the
municipal boundary of the city or town in which the premises of the
retailer is located, if applicable.
(c) It is a defense to a prosecution alleging that an
individual delivered an alcoholic beverage under this chapter to an
address located in an area that is dry for the type of beverage
delivered that:
(1) the individual or the holder of a consumer
delivery permit relied on publicly available information produced
by the commission relating to the wet or dry classification of the
address; and
(2) the information indicated that the address to
which the beverage was delivered was classified as wet for the type
of beverage delivered on the date of the delivery.
Sec. 57.03. FEE. The commission by rule shall establish the
annual state fee for a consumer delivery permit.
Sec. 57.04. ELIGIBILITY FOR PERMIT. A consumer delivery
permit may be issued to:
(1) a person who contracts with or employs individuals
for the delivery of retail goods to consumers, other than the holder
of a permit or license in the manufacturing or wholesale tier of the
alcoholic beverage industry; or
(2) the holder of a permit or license described by
Section 57.01(b).
Sec. 57.05. DELIVERY DRIVER REQUIREMENTS. A consumer
delivery permit holder under this chapter may not contract with or
employ a person to make a delivery under this chapter unless the
person:
(1) is 21 years of age or older; and
(2) holds a valid driver's license.
Sec. 57.06. DELIVERY OF ALCOHOLIC BEVERAGES TO CONSUMER.
(a) An alcoholic beverage may be delivered under this chapter only
to a person who is 21 years of age or older after the person
accepting the delivery presents valid proof of identity and age.
(b) An alcoholic beverage may not be delivered under this
chapter to any person other than:
(1) the person who purchased the beverage;
(2) a recipient designated in advance by the
purchaser; or
(3) a person at the delivery address who is 21 years of
age or older.
(c) An alcoholic beverage may be delivered under this
chapter outside the hours of operation of the retailer from which
the delivery is being made only if the delivery driver:
(1) receives the beverage from the retailer during the
retailer's hours of legal sale; and
(2) completes the delivery to the consumer in a
reasonable amount of time after leaving the retailer's premises.
Sec. 57.07. RETAILER RESPONSIBILITY. (a) A retailer's
responsibilities under this code regarding delivery of an alcoholic
beverage to an ultimate consumer are considered satisfied at the
time the retailer transfers possession of an alcoholic beverage to
the consumer delivery permittee or a delivery driver employed by,
contracted with, or acting on behalf of the holder of a consumer
delivery permit.
(b) An action by a consumer delivery permittee or by a
delivery driver is not attributable to the retailer with regard to:
(1) providing, selling, or serving alcohol to a minor
or to an intoxicated individual;
(2) the delivery of alcohol in a dry or otherwise
illegal area, unless the retailer has contractually agreed to
retain responsibility for ensuring that deliveries are not directed
to a dry or otherwise illegal area; or
(3) any other provision of this code.
(c) A retailer:
(1) is not required to verify that the consumer
delivery permittee or the delivery driver has received delivery
driver training under Section 57.09(a)(1); and
(2) may not be held responsible for any reason under
statutory or common law for the actions of a consumer delivery
permittee or a delivery driver acting on behalf of a consumer
delivery permittee.
Sec. 57.08. RESPONSIBILITY OF HOLDER OF CONSUMER DELIVERY
PERMIT. (a) The actions of a delivery driver acting on behalf of a
holder of a consumer delivery permit are not attributable to a
holder of a consumer delivery permit if the permit holder has not
directly or indirectly encouraged the delivery driver to violate
the law and the delivery driver:
(1) has a valid certification from the training
program adopted under Section 57.09(a)(1); or
(2) completed the delivery using an alcohol delivery
compliance software application that meets the requirements
established under Section 57.09(a)(2).
(b) Notwithstanding Subsection (a), if it is found, after
notice and hearing, that the permittee, an agent or employee of the
permittee, or a person acting on behalf of the permittee delivered
with criminal negligence an alcoholic beverage to a minor or an
intoxicated person, the commission or administrator may:
(1) suspend the permit for not more than 90 days for
the first violation;
(2) suspend the permit for not more than six months for
the second violation; and
(3) suspend the permit for not more than 12 months for
a third violation within a period of 36 consecutive months.
(c) It is a rebuttable presumption that a sale or delivery
of an alcoholic beverage to a minor or an intoxicated person was not
made with criminal negligence if the delivery driver:
(1) at the time of the delivery held a valid
certification from the training program adopted under Section
57.09(a)(1); and
(2) completed the delivery as a result of a technical
malfunction of an alcohol delivery compliance software application
that otherwise meets the requirements established under Section
57.09(a)(2).
Sec. 57.09. DELIVERY TRAINING PROGRAM AND VERIFICATION
SYSTEMS. (a) The commission by rule shall:
(1) adopt and administer an alcohol delivery training
program for the purpose of training and certifying delivery drivers
contracting with or employed by the holder of a permit under Section
28.1001 or this chapter; and
(2) establish minimum requirements for alcohol
delivery compliance software applications.
(b) The commission shall implement a system that allows the
holder of a retail permit or a consumer delivery permit to verify in
real time whether a delivery driver has a valid certification from
the training program adopted under Subsection (a)(1).
SECTION 4. The heading to Section 101.63, Alcoholic
Beverage Code, is amended to read as follows:
Sec. 101.63. SALE OR DELIVERY TO CERTAIN PERSONS.
SECTION 5. Section 101.63, Alcoholic Beverage Code, is
amended by adding Subsection (a-1) to read as follows:
(a-1) A person commits an offense if the person with
criminal negligence delivers for commercial purposes an alcoholic
beverage to an intoxicated person.
SECTION 6. Not later than September 1, 2020, the Texas
Alcoholic Beverage Commission shall adopt rules to implement
Section 57.09(a), Alcoholic Beverage Code, as added by this Act.
SECTION 7. This Act takes effect September 1, 2019.
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