| 1 | 1 | | 87R8271 MCK-D |
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| 2 | 2 | | By: Miles S.B. No. 750 |
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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 prohibiting the possession or consumption of alcoholic |
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| 8 | 8 | | beverages on the premises of certain sexually oriented businesses; |
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| 9 | 9 | | creating a criminal offense; providing a criminal penalty. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. The heading to Chapter 105, Alcoholic Beverage |
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| 12 | 12 | | Code, is amended to read as follows: |
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| 13 | 13 | | CHAPTER 105. [HOURS OF] SALE AND CONSUMPTION OF ALCOHOLIC |
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| 14 | 14 | | BEVERAGES; HOURS AND OTHER RESTRICTIONS |
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| 15 | 15 | | SECTION 2. Chapter 105, Alcoholic Beverage Code, is amended |
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| 16 | 16 | | by adding Section 105.091 to read as follows: |
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| 17 | 17 | | Sec. 105.091. CONSUMPTION AT CERTAIN SEXUALLY ORIENTED |
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| 18 | 18 | | BUSINESSES PROHIBITED. (a) In this section: |
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| 19 | 19 | | (1) "Nude" means: |
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| 20 | 20 | | (A) entirely unclothed; or |
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| 21 | 21 | | (B) clothed in a manner that leaves uncovered or |
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| 22 | 22 | | visible through less than fully opaque clothing any portion of the |
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| 23 | 23 | | breasts below the top of the areola of the breasts, if the person is |
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| 24 | 24 | | female, or any portion of the genitals or buttocks. |
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| 25 | 25 | | (2) "Sexually oriented business" means a nightclub, |
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| 26 | 26 | | bar, restaurant, or similar commercial enterprise that provides for |
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| 27 | 27 | | an audience of two or more individuals live nude entertainment or |
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| 28 | 28 | | live nude performances. |
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| 29 | 29 | | (b) A person who operates a sexually oriented business that |
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| 30 | 30 | | does not hold a permit or license under this code may not allow a |
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| 31 | 31 | | person to: |
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| 32 | 32 | | (1) consume alcoholic beverages on the business's |
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| 33 | 33 | | premises; or |
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| 34 | 34 | | (2) bring alcoholic beverages onto or possess |
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| 35 | 35 | | alcoholic beverages on the business's premises for the purpose of |
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| 36 | 36 | | consumption by the person on the premises. |
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| 37 | 37 | | (c) A person described by Subsection (b) or that person's |
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| 38 | 38 | | agent commits an offense if the person or that person's agent allows |
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| 39 | 39 | | a person to: |
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| 40 | 40 | | (1) consume alcoholic beverages on the business's |
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| 41 | 41 | | premises; or |
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| 42 | 42 | | (2) bring alcoholic beverages onto or possess |
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| 43 | 43 | | alcoholic beverages on the business's premises for the purpose of |
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| 44 | 44 | | consumption by the person on the business's premises. |
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| 45 | 45 | | (d) A first offense under this section is a Class A |
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| 46 | 46 | | misdemeanor. |
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| 47 | 47 | | (e) If it is shown on the trial of an offense under this |
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| 48 | 48 | | section that the person has previously been finally convicted of |
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| 49 | 49 | | one offense under this section, on conviction the person shall be |
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| 50 | 50 | | punished for a state jail felony. |
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| 51 | 51 | | (f) If it is shown on the trial of an offense under this |
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| 52 | 52 | | section that the person has previously been finally convicted of |
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| 53 | 53 | | two or more offenses under this section, on conviction the person |
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| 54 | 54 | | shall be punished for a third degree felony. |
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| 55 | 55 | | SECTION 3. This Act takes effect September 1, 2021. |
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