| 1 | 1 | | 87R4928 MCK-D |
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| 2 | 2 | | By: Goldman H.B. No. 3405 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the possession and consumption of wine on the premises |
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| 8 | 8 | | of a mixed beverage permittee. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 28.01(c), Alcoholic Beverage Code, as |
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| 11 | 11 | | effective September 1, 2021, is amended to read as follows: |
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| 12 | 12 | | (c) The holder of a mixed beverage permit may also: |
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| 13 | 13 | | (1) purchase wine and malt beverages containing |
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| 14 | 14 | | alcohol of not more than 24 percent by volume in containers of any |
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| 15 | 15 | | legal size from any permittee or licensee authorized to sell those |
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| 16 | 16 | | beverages for resale; [and] |
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| 17 | 17 | | (2) sell the wine and malt beverages for consumption |
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| 18 | 18 | | on the licensed premises; |
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| 19 | 19 | | (3) allow an individual to: |
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| 20 | 20 | | (A) possess and consume on the licensed premises |
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| 21 | 21 | | wine acquired by the individual off the licensed premises; and |
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| 22 | 22 | | (B) remove from the premises wine brought onto |
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| 23 | 23 | | the premises by the individual under Paragraph (A); and |
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| 24 | 24 | | (4) charge a corkage fee for wine consumed on the |
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| 25 | 25 | | premises under Subdivision (3). |
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| 26 | 26 | | SECTION 2. Sections 28.06(a) and (c), Alcoholic Beverage |
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| 27 | 27 | | Code, are amended to read as follows: |
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| 28 | 28 | | (a) Except as provided by Sections 14.07, 28.01(c)(3), and |
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| 29 | 29 | | 37.01(d), no holder of a mixed beverage permit, nor any officer, |
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| 30 | 30 | | agent, or employee of a holder, may possess or permit to be |
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| 31 | 31 | | possessed on the premises for which the permit is issued any |
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| 32 | 32 | | alcoholic beverage which is not covered by an invoice from the |
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| 33 | 33 | | supplier from whom the alcoholic beverage was purchased. |
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| 34 | 34 | | (c) Except as provided by Sections 14.07, 28.01(c)(3), and |
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| 35 | 35 | | 37.01(d), no holder of a mixed beverage permit, nor any officer, |
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| 36 | 36 | | agent, or employee of a holder, may knowingly possess or permit to |
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| 37 | 37 | | be possessed on the licensed premises any alcoholic beverage which |
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| 38 | 38 | | is not covered by an invoice from the supplier from whom the |
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| 39 | 39 | | alcoholic beverage was purchased. |
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| 40 | 40 | | SECTION 3. This Act takes effect September 1, 2021. |
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