Texas 2019 - 86th Regular

Texas Senate Bill SB1655 Compare Versions

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

Old	New	Differences
1	1	86R8635 JAM-F
2	2	By: Hancock, Schwertner S.B. No. 1655
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the sampling of distilled spirits provided by the
8	8	manufacturer to a retailer of distilled spirits.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 14, Alcoholic Beverage Code, is amended
11	11	by adding Section 14.07 to read as follows:
12	12	Sec. 14.07. RETAILER SAMPLING. (a) Subject to this section
13	13	and notwithstanding any other provision of this code, the holder of
14	14	a distiller's and rectifier's permit or the agent or employee of the
15	15	holder of a distiller's and rectifier's permit may:
16	16	(1) provide a sample of distilled spirits to the
17	17	holder of a retail permit authorizing the sale of distilled spirits
18	18	or an agent or employee of the holder of the retail permit; or
19	19	(2) conduct a distilled spirits product tasting on the
20	20	retailer's premises, including opening, touching, or pouring
21	21	distilled spirits, for the holder of the retail permit or an agent
22	22	or employee of the holder of the retail permit.
23	23	(b) The holder of the distiller's and rectifier's permit or
24	24	the agent or employee of the holder of the distiller's and
25	25	rectifier's permit may make a presentation or answer questions at a
26	26	distilled spirits tasting conducted under Subsection (a).
27	27	(c) The holder of a retail permit authorizing the sale of
28	28	distilled spirits or an agent or employee of the permit holder may
29	29	not sample or taste a distilled spirit provided under this section
30	30	on the permitted retail premises unless the holder of the
31	31	distiller's and rectifier's permit is present.
32	32	(d) The distilled spirits provided as a sample or at a
33	33	tasting under Subsection (a):
34	34	(1) must be manufactured by the holder of the
35	35	distiller's and rectifier's permit;
36	36	(2) may not be of a brand previously purchased by the
37	37	holder of the retailer's permit;
38	38	(3) must be limited to 750 milliliters of each brand
39	39	provided as a sample or at a tasting; and
40	40	(4) must meet all labeling requirements of this code.
41	41	(e) Distilled spirits may legally be transported by the
42	42	holder of the distiller's and rectifier's permit or the permit
43	43	holder's agent or employee to a retail premises for the purpose of
44	44	providing a sample or conducting a tasting under this section.
45	45	SECTION 2. Section 15.01, Alcoholic Beverage Code, is
46	46	amended to read as follows:
47	47	Sec. 15.01. AUTHORIZED ACTIVITIES. The holder of a
48	48	distiller's agent's permit may:
49	49	(1) represent the holder of a distiller's and
50	50	rectifier's permit;
51	51	(2) solicit and take orders from a holder of a
52	52	wholesaler's permit for the sale of distilled spirits manufactured
53	53	by the permit holder represented by the agent; [and]
54	54	(3) conduct free distilled spirits tastings for
55	55	consumers on the premises of the holder of a package store permit;
56	56	and
57	57	(4) provide samples or conduct tastings of distilled
58	58	spirits on a retailer's premises in accordance with Section 14.07.
59	59	SECTION 3. Sections 22.10 and 22.11, Alcoholic Beverage
60	60	Code, are amended to read as follows:
61	61	Sec. 22.10. OPENING CONTAINERS PROHIBITED. Except as
62	62	authorized under Section 14.07, 37.01(b-1), or 52.01 [of this
63	63	code], no person may break or open a container containing liquor or
64	64	beer or possess an opened container of liquor or beer on the
65	65	premises of a package store.
66	66	Sec. 22.11. CONSUMPTION ON PREMISES PROHIBITED. Except as
67	67	authorized under Section 14.07, 37.01(b-1), or 52.01, no person may
68	68	sell, barter, exchange, deliver, or give away any drink or drinks of
69	69	alcoholic beverages from a container that has been opened or broken
70	70	on the premises of a package store.
71	71	SECTION 4. Sections 28.06(a) and (c), Alcoholic Beverage
72	72	Code, are amended to read as follows:
73	73	(a) Except as provided by Sections 14.07 and 37.01(b-1), no
74	74	[No] holder of a mixed beverage permit, nor any officer, agent, or
75	75	employee of a holder, may possess or permit to be possessed on the
76	76	premises for which the permit is issued any alcoholic beverage
77	77	which is not covered by an invoice from the supplier from whom the
78	78	alcoholic beverage was purchased.
79	79	(c) Except as provided by Sections 14.07 and 37.01(b-1), no
80	80	[No] holder of a mixed beverage permit, nor any officer, agent, or
81	81	employee of a holder, may knowingly possess or permit to be
82	82	possessed on the licensed premises any alcoholic beverage which is
83	83	not covered by an invoice from the supplier from whom the alcoholic
84	84	beverage was purchased.
85	85	SECTION 5. Section 28.15(a), Alcoholic Beverage Code, is
86	86	amended to read as follows:
87	87	(a) Except as provided by Sections 14.07 and 37.01(b-1), a
88	88	[A] mixed beverage permittee may not possess or permit a person to
89	89	possess on the premises distilled spirits in any container that
90	90	does not bear a serially numbered identification stamp issued by
91	91	the commission or other identification approved by the commission.
92	92	SECTION 6. Section 32.15, Alcoholic Beverage Code, is
93	93	amended to read as follows:
94	94	Sec. 32.15. REMOVAL OF BEVERAGES FROM PREMISES. A private
95	95	club, irrespective of location or system of storage of alcoholic
96	96	beverages, may not permit any person to remove any alcoholic
97	97	beverages from the club premises, except as authorized by
98	98	[Subsection (b) of] Section 28.10(b) or for the purpose of removing
99	99	unused inventory the person brought onto the premises under Section
100	100	14.07 or 37.01(b-1) [28.10 of this code].
101	101	SECTION 7. Section 32.20(a), Alcoholic Beverage Code, is
102	102	amended to read as follows:
103	103	(a) Except as provided by Sections 14.07 and 37.01(b-1), a
104	104	[A] private club registration permittee may not possess or permit a
105	105	person to possess on the premises distilled spirits in any
106	106	container that does not bear a serially numbered identification
107	107	stamp issued by the commission or other identification approved by
108	108	the commission.
109	109	SECTION 8. Section 36.01, Alcoholic Beverage Code, is
110	110	amended to read as follows:
111	111	Sec. 36.01. AUTHORIZED ACTIVITIES. The holder of a
112	112	manufacturer's agent's permit may:
113	113	(1) represent only the holders of nonresident seller's
114	114	permits; [and]
115	115	(2) solicit and take orders for the sale of liquor from
116	116	permittees authorized to import liquor for the purpose of resale;
117	117	and
118	118	(3) if the agent represents the holder of a
119	119	nonresident seller's permit who owns a distillery outside of the
120	120	state, provide samples or conduct tastings of distilled spirits on
121	121	a retailer's premises as authorized by Section 37.01(b-1).
122	122	SECTION 9. Section 37.01, Alcoholic Beverage Code, is
123	123	amended by adding Subsection (b-1) and amending Subsection (c) to
124	124	read as follows:
125	125	(b-1) The holder of a nonresident seller's permit who owns a
126	126	distillery outside of the state or an agent or employee of the
127	127	permit holder may provide samples or conduct tastings of the kinds
128	128	of distilled spirits the permit holder is authorized to produce in
129	129	the manner authorized by Section 14.07 for the holder of a
130	130	distiller's and rectifier's permit or the agent or employee of the
131	131	holder of a distiller's and rectifier's permit.
132	132	(c) Any alcoholic beverages used in a sampling event under
133	133	Subsection (b) [this section] must be purchased from the retailer
134	134	on whose premises the sampling event is held. Subsection
135	135	(b) [This section] does not authorize the holder of a nonresident
136	136	seller's permit or manufacturer's agent's permit to withdraw or
137	137	purchase alcoholic beverages from the holder of a wholesaler's
138	138	permit or provide alcoholic beverages for a sampling event on a
139	139	retailer's premises that is not purchased from the retailer. The
140	140	amount of alcoholic beverages purchased from the retailer may not
141	141	exceed the amount of alcoholic beverages used in the sampling
142	142	event.
143	143	SECTION 10. This Act takes effect September 1, 2019.