87R8271 MCK-D
By: Miles S.B. No. 750
A BILL TO BE ENTITLED
AN ACT
relating to prohibiting the possession or consumption of alcoholic
beverages on the premises of certain sexually oriented businesses;
creating a criminal offense; providing a criminal penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Chapter 105, Alcoholic Beverage
Code, is amended to read as follows:
CHAPTER 105. [HOURS OF] SALE AND CONSUMPTION OF ALCOHOLIC
BEVERAGES; HOURS AND OTHER RESTRICTIONS
SECTION 2. Chapter 105, Alcoholic Beverage Code, is amended
by adding Section 105.091 to read as follows:
Sec. 105.091. CONSUMPTION AT CERTAIN SEXUALLY ORIENTED
BUSINESSES PROHIBITED. (a) In this section:
(1) "Nude" means:
(A) entirely unclothed; or
(B) clothed in a manner that leaves uncovered or
visible through less than fully opaque clothing any portion of the
breasts below the top of the areola of the breasts, if the person is
female, or any portion of the genitals or buttocks.
(2) "Sexually oriented business" means a nightclub,
bar, restaurant, or similar commercial enterprise that provides for
an audience of two or more individuals live nude entertainment or
live nude performances.
(b) A person who operates a sexually oriented business that
does not hold a permit or license under this code may not allow a
person to:
(1) consume alcoholic beverages on the business's
premises; or
(2) bring alcoholic beverages onto or possess
alcoholic beverages on the business's premises for the purpose of
consumption by the person on the premises.
(c) A person described by Subsection (b) or that person's
agent commits an offense if the person or that person's agent allows
a person to:
(1) consume alcoholic beverages on the business's
premises; or
(2) bring alcoholic beverages onto or possess
alcoholic beverages on the business's premises for the purpose of
consumption by the person on the business's premises.
(d) A first offense under this section is a Class A
misdemeanor.
(e) If it is shown on the trial of an offense under this
section that the person has previously been finally convicted of
one offense under this section, on conviction the person shall be
punished for a state jail felony.
(f) If it is shown on the trial of an offense under this
section that the person has previously been finally convicted of
two or more offenses under this section, on conviction the person
shall be punished for a third degree felony.
SECTION 3. This Act takes effect September 1, 2021.