87R6364 JAM-F
By: Hancock S.B. No. 298
A BILL TO BE ENTITLED
AN ACT
relating to the pickup and delivery of alcoholic beverages for
off-premises consumption.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 28.1001, Alcoholic
Beverage Code, is amended to read as follows:
Sec. 28.1001. PICKUP AND [OFF-PREMISES] DELIVERY OF
ALCOHOLIC BEVERAGES FOR OFF-PREMISES CONSUMPTION.
SECTION 2. Section 28.1001, Alcoholic Beverage Code, is
amended by amending Subsections (a), (c), and (d) and adding
Subsections (a-1), (a-2), and (e) to read as follows:
(a) In this section:
(1) "Passenger area of a motor vehicle" has the
meaning assigned by Section 49.031, Penal Code.
(2) "Tamper-proof container" means a container that,
once sealed, clearly shows whether it has been opened. The term
includes a closed cup or similar container that is:
(A) placed into a bag that has been sealed with a
zip tie or staple;
(B) sealed with shrink wrap or a similar seal; or
(C) sealed by other methods approved by rule of
the commission.
(a-1) 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) a malt beverage [beer, ale,] or wine
delivered in:
(i) an original container sealed by the
manufacturer; or
(ii) a tamper-proof container that is
sealed by the permit holder and clearly labeled with the permit
holder's business name and the words "alcoholic beverage"; or
(B) an alcoholic beverage other than a malt
beverage [beer, ale,] or wine that:
(i) is [,] delivered in an original,
single-serving container sealed by the manufacturer and not larger
than 375 milliliters; or
(ii) the permit holder mixes with other
beverages or garnishes and stores in a tamper-proof container that
is clearly labeled with the permit holder's business name and the
words "alcoholic beverage"; and
(4) the delivery is not made to another [a] premises
that is permitted or licensed under this code.
(a-2) Notwithstanding any other provision of this code, the
holder of a mixed beverage permit may allow an ultimate consumer to
pick up an alcoholic beverage described by Subsection (a-1)(3) and
remove the beverage from the permitted premises if:
(1) the holder of the mixed beverage permit holds a
food and beverage certificate for the permitted premises; and
(2) the pickup of the alcoholic beverage is made as
part of the pickup of food prepared at the permitted premises.
(c) An alcoholic beverage picked up or [may be] delivered
under this section may be provided only to a person who is 21 years
of age or older after the person picking up the alcoholic beverage
or accepting the delivery presents valid proof of identity and age
and:
(1) the person picking up the alcoholic beverage or
accepting the delivery personally signs a receipt, which may be
electronic, acknowledging the pickup or delivery; or
(2) the person providing the beverage for pickup or
making the delivery acknowledges the completion of the pickup or
delivery through a software application.
(d) This section does not authorize the holder of a brewpub
license who also holds a wine and malt beverage [beer] retailer's
permit to deliver alcoholic beverages directly to ultimate
consumers for off-premise consumption at a location other than the
licensed premises.
(e) A person who picks up or delivers an alcoholic beverage
described by Subsection (a-1)(3)(A)(ii) or (a-1)(3)(B)(ii) may not
transport the alcoholic beverage in the passenger area of a motor
vehicle.
SECTION 3. This Act takes effect September 1, 2021.