Texas 2023 - 88th Regular

Texas House Bill HB2200 Compare Versions

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Version 2 (New)

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1	1	88R4432 SCP-F
2	2	By: Holland H.B. No. 2200
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the sale of spirit coolers by certain alcoholic
8	8	beverage permittees.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 1.04, Alcoholic Beverage Code, is
11	11	amended by amending Subdivisions (3) and (5) and adding Subdivision
12	12	(30) to read as follows:
13	13	(3) "Distilled spirits" means alcohol, spirits of
14	14	wine, whiskey, rum, brandy, gin, or any liquor produced in whole or
15	15	in part by the process of distillation, including all dilutions or
16	16	mixtures of them, and includes spirit coolers [that may have an
17	17	alcoholic content as low as four percent alcohol by volume and that
18	18	contain plain, sparkling, or carbonated water and may also contain
19	19	one or more natural or artificial blending or flavoring
20	20	ingredients].
21	21	(5) "Liquor" means any alcoholic beverage, other than
22	22	a malt beverage, containing alcohol in excess of five percent by
23	23	volume, unless otherwise indicated, and any spirit cooler. Proof
24	24	that an alcoholic beverage is alcohol, spirits of wine, whiskey,
25	25	liquor, wine, brandy, gin, rum, tequila, mescal, habanero, or
26	26	barreteago, is prima facie evidence that it is liquor.
27	27	(30) "Spirit cooler" means an alcoholic beverage that:
28	28	(A) consists of:
29	29	(i) alcohol, spirits of wine, whiskey, rum,
30	30	brandy, gin, or any liquor produced in whole or in part by the
31	31	process of distillation; and
32	32	(ii) plain, sparkling, or carbonated water,
33	33	or juices, and may also contain one or more natural or artificial
34	34	blending or flavoring ingredients; and
35	35	(B) has an alcoholic content of at least one-half
36	36	of one percent by volume but not more than 17 percent by volume.
37	37	SECTION 2. Section 24.01(a), Alcoholic Beverage Code, is
38	38	amended to read as follows:
39	39	(a) The holder of a wine only package store permit may:
40	40	(1) purchase wine and vinous liquors in this state
41	41	from the holder of a winery, wholesaler's, or class B wholesaler's
42	42	permit;
43	43	(2) purchase malt beverages from the holder of a
44	44	general or branch distributor's license; [and]
45	45	(3) purchase spirit coolers from the holder of a
46	46	wholesaler's permit; and
47	47	(4) sell those beverages to consumers at retail on or
48	48	from the licensed premises in unbroken original containers of not
49	49	less than six ounces for off-premises consumption only and not for
50	50	the purpose of resale.
51	51	SECTION 3. Section 24.07, Alcoholic Beverage Code, is
52	52	amended to read as follows:
53	53	Sec. 24.07. HOURS OF SALE. A holder of a wine only package
54	54	store permit may remain open and sell malt beverages, wine, spirit
55	55	coolers, and vinous liquors, for off-premises consumption only, on
56	56	any day and during the same hours as those prescribed for the sale
57	57	of malt beverages under Section 105.05, except that the permittee
58	58	may not sell wine or vinous liquor containing more than 17 percent
59	59	alcohol by volume on a Sunday or after 10 p.m. on any day.
60	60	SECTION 4. Sections 24.12(a), (b), and (d), Alcoholic
61	61	Beverage Code, are amended to read as follows:
62	62	(a) The holder of a wine only package store permit may
63	63	conduct free product samplings of wine, spirit coolers, or malt
64	64	beverages on the permit holder's premises during regular business
65	65	hours as provided by this section.
66	66	(b) An agent or employee of the holder of a wine only package
67	67	store permit may open, touch, or pour wine, spirit coolers, or malt
68	68	beverages, make a presentation, or answer questions at a sampling
69	69	event.
70	70	(d) Any wine, spirit coolers, or malt beverages used in a
71	71	sampling event under this section must be purchased from or
72	72	provided by the retailer on whose premises the sampling event is
73	73	held. The retailer may not require the purchase of more alcoholic
74	74	beverages than are necessary for the tasting. This section does not
75	75	authorize the holder of a nonresident seller's permit or that
76	76	permit holder's agent or employee to withdraw or purchase an
77	77	alcoholic beverage from the holder of a wholesaler's permit or
78	78	provide an alcoholic beverage for tasting on a retailer's premises
79	79	that is not purchased from the retailer.
80	80	SECTION 5. Chapter 24, Alcoholic Beverage Code, is amended
81	81	by adding Section 24.13 to read as follows:
82	82	Sec. 24.13. AUTHORITY REGARDING SPIRIT COOLERS. The
83	83	provisions of this chapter relating to spirit coolers apply only to
84	84	the holder of a wine only package store permit whose premises is
85	85	located in an area where the sale of alcoholic beverages is legal as
86	86	provided by a ballot issue approved by the voters under Section
87	87	501.035(b)(5), (6), or (7), Election Code.
88	88	SECTION 6. Section 25.01, Alcoholic Beverage Code, is
89	89	amended to read as follows:
90	90	Sec. 25.01. AUTHORIZED ACTIVITIES. The holder of a wine and
91	91	malt beverage retailer's permit may sell:
92	92	(1) for consumption on or off the premises where sold,
93	93	but not for resale, wine and malt beverages containing alcohol in
94	94	excess of one-half of one percent by volume and not more than 17
95	95	percent by volume; [and]
96	96	(2) for consumption on the premises, the following
97	97	beverages containing alcohol in excess of one-half of one percent
98	98	by volume and not more than 24 percent by volume:
99	99	(A) traditional port or sherry;
100	100	(B) dessert-flavored wine; or
101	101	(C) rice wine; and
102	102	(3) for consumption off the premises, but not for
103	103	resale, spirit coolers.
104	104	SECTION 7. Section 25.09(a), Alcoholic Beverage Code, is
105	105	amended to read as follows:
106	106	(a) Except as provided by this section, a wine and malt
107	107	beverage retailer's permittee or an officer of the permittee may
108	108	not possess on the licensed premises:
109	109	(1) distilled spirits, other than spirit coolers; or
110	110	(2) liquor containing alcohol in excess of 17 percent
111	111	by volume [on the licensed premises].
112	112	SECTION 8. Chapter 25, Alcoholic Beverage Code, is amended
113	113	by adding Section 25.145 to read as follows:
114	114	Sec. 25.145. AUTHORITY REGARDING SPIRIT COOLERS. The
115	115	provisions of this chapter relating to spirit coolers apply only to
116	116	the holder of a wine and malt beverage retailer's permit whose
117	117	premises is located in an area where the sale of alcoholic beverages
118	118	is legal as provided by a ballot issue approved by the voters under
119	119	Section 501.035(b)(5), (6), or (7), Election Code.
120	120	SECTION 9. Sections 26.01(a) and (b), Alcoholic Beverage
121	121	Code, are amended to read as follows:
122	122	(a) The holder of a wine and malt beverage retailer's
123	123	off-premise permit may sell for off-premises consumption only, in
124	124	unbroken original containers, but not for resale, wine, spirit
125	125	coolers, and malt beverages containing alcohol in excess of
126	126	one-half of one percent by volume but not more than 17 percent by
127	127	volume.
128	128	(b) The holder of a wine and malt beverage retailer's
129	129	off-premise permit may conduct free product samplings of wine,
130	130	spirit coolers, and malt beverages containing alcohol in excess of
131	131	one-half of one percent by volume but not more than 17 percent by
132	132	volume on the permit holder's premises during regular business
133	133	hours as provided by Section 26.08.
134	134	SECTION 10. Sections 26.08(a) and (c), Alcoholic Beverage
135	135	Code, are amended to read as follows:
136	136	(a) An employee of the holder of a wine and malt beverage
137	137	retailer's off-premise permit may open, touch, or pour wine, spirit
138	138	coolers, or malt beverages, make a presentation, or answer
139	139	questions at a sampling event.
140	140	(c) Any wine, spirit coolers, or malt beverages used in a
141	141	sampling event under this section must be purchased from or
142	142	provided by the retailer on whose premises the sampling event is
143	143	held. This section does not authorize the holder of a wine and malt
144	144	beverage retailer's off-premise permit to withdraw or purchase
145	145	alcoholic beverages from the holder of a wholesaler's permit or a
146	146	distributor's license or provide alcoholic beverages for a sampling
147	147	on a retailer's premises that is not purchased from the retailer.
148	148	The amount of alcoholic beverages purchased from the retailer may
149	149	not exceed the amount of alcoholic beverages used in the sampling
150	150	event.
151	151	SECTION 11. Chapter 26, Alcoholic Beverage Code, is amended
152	152	by adding Section 26.09 to read as follows:
153	153	Sec. 26.09. AUTHORITY REGARDING SPIRIT COOLERS. The
154	154	provisions of this chapter relating to spirit coolers apply only to
155	155	the holder of a wine and malt beverage retailer's off-premise
156	156	permit whose premises is located in an area where the sale of
157	157	alcoholic beverages is legal as provided by a ballot issue approved
158	158	by the voters under Section 501.035(b)(5), (6), or (7), Election
159	159	Code.
160	160	SECTION 12. This Act takes effect September 1, 2023.