87R97 MCK-D
By: Kolkhorst S.B. No. 2032
A BILL TO BE ENTITLED
AN ACT
relating to the sale of malt beverages by certain brewers to
ultimate consumers for on- and off-premises consumption; providing
administrative penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 62, Alcoholic Beverage Code, as
effective September 1, 2021, is amended by adding Section 62.123 to
read as follows:
Sec. 62.123. SALES BY CERTAIN HISTORIC BREWERS TO
CONSUMERS. (a) This section applies only to the holder of a
brewer's license:
(1) who has continuously operated a brewery producing
malt beverages since 1934 at a location included in a licensed
premises of the brewer:
(A) located in:
(i) a county with a population of not more
than 20,000; and
(ii) a municipality with a population of
not more than 2,500; and
(B) all or part of which is designated as a
landmark of historical significance by the Texas State Historical
Survey Committee or the Texas Historical Commission; and
(2) who brews, bottles, packages, and labels malt
beverages on those licensed premises.
(b) The holder of a brewer's license described by Subsection
(a) may sell malt beverages brewed, bottled, packaged, and labeled
on the premises described by Subsection (a) to ultimate consumers
on those premises:
(1) for responsible consumption on those premises; or
(2) subject to Subsection (c), for off-premises
consumption.
(c) Sales to a consumer under this section for off-premises
consumption are limited to 144 fluid ounces of malt beverages per
calendar day.
(d) The total sales of malt beverages to ultimate consumers
under this section at the same premises may not exceed 3,000 barrels
annually.
(e) A holder of a brewer's license who sells malt beverages
to ultimate consumers under this section:
(1) shall file a territorial agreement with the
commission under Subchapters C and D, Chapter 102;
(2) must purchase any malt beverages the license
holder sells on the brewer's premises from the holder of a license
issued under Chapter 64 or 66; and
(3) with respect to those purchases, must comply with
the requirements of this code governing dealings between a
distributor and a member of the retail tier, including Sections
61.73 and 102.31.
(f) The commission:
(1) may require the holder of a brewer's license who
sells malt beverages to ultimate consumers under this section to
report to the commission each month, in the manner prescribed by the
commission, the total amounts of malt beverages sold by the license
holder under this section during the preceding month for:
(A) responsible consumption on the brewer's
premises; and
(B) off-premises consumption, as authorized by
Subsection (b);
(2) by rule shall adopt a simple form for a report
required under Subdivision (1); and
(3) shall maintain reports received under this
subsection for public review.
(g) The commission may impose an administrative penalty
against a license holder who violates Subsection (c) or fails to
comply with a requirement established by the commission under
Subsection (f). The commission shall adopt rules establishing:
(1) the amount of an administrative penalty under this
subsection; and
(2) the procedures for imposing an administrative
penalty under this subsection.
SECTION 2. This Act takes effect September 1, 2021.