Texas 2023 - 88th Regular

Texas House Bill HB3339 Compare Versions

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1	1	By: Patterson H.B. No. 3339
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the sale and regulation of alcoholic beverages by
7	7	certain retailers.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. The Alcoholic Beverage Code is amended by adding
10	10	Chapter 27 as follows:
11	11	Sec. 27.01. AUTHORIZED ACTIVITIES. The holder of a liquor
12	12	and malt beverage retailer's permit may:
13	13	(1) purchase liquor in this state from the holder of a
14	14	winery, wholesaler's, or class B wholesaler's permit;
15	15	(2) purchase malt beverages in this state from the
16	16	holder of a general or branch distributor's license;
17	17	(3) sell liquor and malt beverages in unbroken
18	18	original containers on or from the holder's licensed premises at
19	19	retail to consumers for off-premises consumption only and not for
20	20	the purpose of resale;
21	21	(4) sell vinous liquors in original containers of not
22	22	less than six ounces; and
23	23	(5) sell wine and malt liquors on the permitted
24	24	premises in a separate location from liquor, in the same manner
25	25	provided in Section 105.05.
26	26	Sec. 27.03. DELIVERIES TO CUSTOMERS. (a) The holder of a
27	27	liquor and malt beverage retailer's permit issued for a location
28	28	within a city or town or within two miles of the corporate limits of
29	29	a city or town may make deliveries of and collections for alcoholic
30	30	beverages off the premises in areas where the sale of the beverages
31	31	is legal. The permittee must travel by the most direct route and may
32	32	make deliveries and collections only within the county or the city
33	33	or town or within two miles of its corporate limits, and only in
34	34	response to bona fide orders placed by the customer, either in
35	35	person at the premises, in writing, by mail, or by telegraph or
36	36	telephone. This section shall not be construed as preventing a
37	37	holder of a liquor and malt beverage retailer's permit from
38	38	delivering alcoholic beverages to the holder of a carrier's permit
39	39	for transportation to persons who have placed bona fide orders and
40	40	who are located in an area that the holder of a liquor and malt
41	41	beverage retailer's permit is authorized to directly deliver to
42	42	under this section. The holder of a liquor and malt beverage
43	43	retailer's permit may also deliver alcoholic beverages to the
44	44	holder of a carrier's permit for transportation outside of this
45	45	state in response to bona fide orders placed by persons authorized
46	46	to purchase the beverages.
47	47	Sec. 27.04. LIMITATION ON PERMITTED STORE INTERESTS. (a) A
48	48	person may not hold or have an interest, directly or indirectly, in
49	49	more than 250 liquor and malt beverage retailer's permitted stores
50	50	or in their business or permit.
51	51	(b) For the purpose of this section:
52	52	(1) a person has an interest in any permit in which his
53	53	spouse has an interest; and
54	54	(2) as to a corporate permittee, the stockholders,
55	55	managers, officers, agents, servants, and employees of the
56	56	corporation have an interest in the permit, business, and stores of
57	57	the corporation.
58	58	(c) Except as provided by Sections 22.041 and 22.042, the
59	59	commission may not issue more than 15 original liquor and malt
60	60	beverage retailer's permits to a person in a calendar year.
61	61	Sec. 27.041. ACQUISITION OF EXISTING PERMIT. (a) The
62	62	commission may issue an original liquor and malt beverage
63	63	retailer's permit to a person for an existing liquor and malt
64	64	beverage retailer's permit business if:
65	65	(1) the person acquired by purchase or otherwise the
66	66	existing liquor and malt beverage retailer's permit business, or
67	67	other permit type which may be reclassified to a liquor and malt
68	68	beverage retailer's permit; and
69	69	(2) the existing liquor and malt beverage retailer's
70	70	permit business has been operating in the same county for more than
71	71	one year before the date the person acquired the liquor and malt
72	72	beverage retailer's permitted business, regardless of which
73	73	license type it has previously operated under.
74	74	(b) A liquor and malt beverage retailer's permit issued
75	75	under this section is not subject to the permit limit under Section
76	76	27.04(c).
77	77	Sec. 27.042. RECLASSIFICATION OF EXISTING PERMITS. (a)
78	78	Subject to Section 27.04(a), an existing permit holder of a
79	79	(1) Wine and Malt Beverage Retailer's Permit
80	80	(2) Wine and Malt Beverage Retailer's Off-Premise
81	81	Permit, or
82	82	(3) Wine Only Package Store Permit
83	83	may reclassify their existing permit to a liquor and malt beverage
84	84	retailer's permit.
85	85	(b) A Permit issued under this section is not subject to the
86	86	permit limit under Section 27.04(c).
87	87	Sec. 27.05. TRANSFER OF PERMITS. The holder of a liquor and
88	88	malt beverage retailer's permit may not transfer the permit to
89	89	another county.
90	90	Sec. 27.06. PROHIBITED INTERESTS. (a) No person who holds
91	91	a liquor and malt beverage retailer's permit or owns an interest in
92	92	a liquor and malt beverage retailer's permitted store may have a
93	93	direct or indirect interest in any of the following:
94	94	(1) a brewer's, retail dealer's on-premise, or general
95	95	or branch distributor's license;
96	96	(2) a local distributors permit or package store
97	97	permit; or
98	98	(3) the business of any of the permits or licenses
99	99	listed in Subdivisions (1) and (2) of this subsection.
100	100	Sec. 27.08. TRANSFER OF BEVERAGES. (a) The owner of more
101	101	than one liquor and malt beverage retailer's permitted store may
102	102	transfer alcoholic beverages between any of the owner's licensed
103	103	premises in the same county between the hours of 7 a.m. and 9 p.m. on
104	104	any day when the sale of those beverages is legal, subject to rules
105	105	prescribed by the commission.
106	106	(b) The holder of a liquor and malt beverage retailer's
107	107	permit may not transport alcoholic beverages under Subsection (a)
108	108	unless:
109	109	(1) the permit holder provides the commission with a
110	110	description, as required by the commission, of each motor vehicle
111	111	used by the permit holder to transport alcoholic beverages; and
112	112	(2) each motor vehicle is plainly marked or lettered
113	113	to indicate that it is being used by the permit holder to transport
114	114	alcoholic beverages.
115	115	(c) When transporting alcoholic beverages under this
116	116	section, the holder of a liquor and malt beverage retailer's permit
117	117	may not violate the motor carrier laws of this state.
118	118	Sec. 27.10. OPENING CONTAINERS PROHIBITED. Except as
119	119	authorized under Section 14.07, 22.18, or 37.01(d), a person may
120	120	not break or open a container containing liquor or a malt beverage
121	121	or possess an opened container of liquor or a malt beverage on the
122	122	premises of a liquor and malt beverage retailer's permitted store.
123	123	Sec. 27.11. CONSUMPTION ON PREMISES PROHIBITED. Except as
124	124	authorized under Section 14.07, 27.18, or 37.01(d), a person may
125	125	not sell, barter, exchange, deliver, or give away any drink or
126	126	drinks of alcoholic beverages from a container that has been opened
127	127	or broken on the premises of a liquor and malt beverage retailer's
128	128	permitted store.
129	129	Sec. 27.12. BREACH OF PEACE. The commission or
130	130	administrator may suspend or cancel a liquor and malt beverage
131	131	retailer's permit after giving the permittee notice and the
132	132	opportunity to show compliance with all requirements of law for the
133	133	retention of the permit if it finds that a breach of the peace has
134	134	occurred on the licensed premises or on premises under the control
135	135	of the permittee and that the breach of the peace was not beyond the
136	136	control of the permittee and resulted from his improper supervision
137	137	of persons permitted to be on the licensed premises or on premises
138	138	under his control.
139	139	Sec. 27.13. AGE OF EMPLOYEES. (a) A liquor and malt
140	140	beverage retailer's permitee may not knowingly utilize or employ
141	141	any person under the age of 21 to work on the premises of a liquor
142	142	and malt beverage retailer's permitted store, in the separate
143	143	premises selling liquor, any capacity or to deliver liquor off the
144	144	premises of liquor and malt beverage retailer's permitted store.
145	145	(c) This section shall not apply to a person who is employed
146	146	by the person's parent or legal guardian to work in a liquor and
147	147	malt beverage retailer's permitted store that is owned by the
148	148	parent or legal guardian.
149	149	Sec. 27.14. SEPARATE PREMISES REQUIRED. (a) The premises
150	150	of a liquor and malt beverage retailer's permitted store shall be
151	151	completely separated from the premises of other businesses by a
152	152	solid, opaque wall from floor to ceiling, without connecting doors,
153	153	shared bathroom facilities, or shared entry foyers.
154	154	(b) A liquor and malt beverage retailer's permitted store
155	155	may have a separate space on the same premises in which it can sell
156	156	malt beverages and wine under the rules applicable to a Wine and
157	157	Malt Beverage Retailer's Permit or Wine and Malt Beverage
158	158	Retailer's Off-Premise Permit.
159	159	(c) The premises of a liquor and malt beverage retailer's
160	160	permitted store shall have a front door through which the public may
161	161	enter which opens onto a street, parking lot, public sidewalk, or
162	162	the public area of a mall or shopping center.
163	163	(d) The premises of a liquor and malt beverage retailer's
164	164	permitted store shall include:
165	165	(1) a rear or side entrance which opens onto a street,
166	166	parking lot, public sidewalk, or the public area or common area of a
167	167	mall or shopping center, which may be used for receipt and
168	168	processing of merchandise but which shall in any event serve as an
169	169	emergency exit from the premises; and
170	170	(2) a bathroom which complies with Title III of the
171	171	Americans with Disabilities Act of 1990, as amended (42 U.S.C.
172	172	Section 12101 et seq.).
173	173	(e) The holder of a liquor and malt beverage retailer's
174	174	permit may sell nonalcoholic products and may conduct other lawful
175	175	business on the premises of a liquor and malt beverage retailer's
176	176	permitted store, but the premises containing liquor must be closed
177	177	to entry by the general public during all hours in which the sale of
178	178	liquor by a liquor and malt beverage retailer's permitted store is
179	179	prohibited by law. For purposes of this subsection, "the general
180	180	public" shall mean retail customers and shall not include vendors,
181	181	service personnel, and other persons entering the premises for
182	182	purposes other than the purchase of goods sold on the premises.
183	183	(f) A liquor and malt beverage retailer's permit may not be
184	184	issued to an applicant for a premises consisting of less than 75,000
185	185	square feet, inclusive of the separate liquor premises and the
186	186	other enclosed areas of the permitted premises.
187	187	Sec. 27.15. CONDUCTING SEPARATE BUSINESSES AS A COMMON
188	188	OPERATION. (a) No liquor and malt beverage retailer's permittee,
189	189	except for permittees wholly owned by the same persons, may conduct
190	190	business in a manner so as to directly or indirectly coordinate
191	191	operations with another liquor and malt beverage retailer's
192	192	permitted store as if they shared common ownership. For purposes of
193	193	this section, "coordinate operations as if they shared common
194	194	ownership" includes engaging in any of the following practices:
195	195	(1) cooperatively setting prices or credit policies or
196	196	allowing any third party to do so on their behalf;
197	197	(2) sharing advertising;
198	198	(3) utilizing the same trade name, trademark, or
199	199	slogan as another wine, malt beverage, and distilled spirits
200	200	permitee in the same county;
201	201	(4) sharing or utilizing the same bookkeeping or
202	202	computer-processing service, unless the bookkeeping or
203	203	computer-processing service is in the business of providing such
204	204	services to the general public;
205	205	(5) transferring funds, merchandise, or equipment
206	206	from one wine, malt beverage, and distilled spirits permitted
207	207	business to another;
208	208	(6) utilizing the same person as an employee or
209	209	independent contractor for two or more liquor and malt beverage
210	210	retailer's permitted store businesses in any capacity, unless, in
211	211	the case of an independent contractor, the independent contractor
212	212	is in the business of providing similar services to the general
213	213	public; and
214	214	(7) negotiating, or allowing a third party to
215	215	negotiate, quantity discounts for alcoholic beverages to be
216	216	purchased by the liquor and malt beverage retailer's permitted
217	217	store business utilizing the sales volume of another liquor and
218	218	malt beverage retailer's permitted store business to increase the
219	219	discount.
220	220	(b) The prohibition set forth in Subsection (a)(3)
221	221	regarding trade names, trademarks, and slogans shall not prevent
222	222	any liquor and malt beverage retailer's permittee business from
223	223	utilizing a trade name, trademark, or slogan which the business was
224	224	using on September 1, 2023.
225	225	(c) Before the commission may renew a liquor and malt
226	226	beverage retailer's permit, an individual who is an owner or
227	227	officer of the permittee must file with the commission a sworn
228	228	affidavit stating that the permittee fully complies with the
229	229	requirements of this section.
230	230	(d) Any liquor and malt beverage retailer's permittee who is
231	231	injured in his business or property by liquor and malt beverage
232	232	retailer's permittee by reason of anything prohibited in this
233	233	section may institute suit in any district court in the county where
234	234	the violation is alleged to have occurred to require enforcement by
235	235	injunctive procedures and to recover triple damages plus costs of
236	236	suit including reasonable attorney's fees.
237	237	Sec. 27.16. OWNERSHIP BY PUBLIC CORPORATIONS. (a) A liquor
238	238	and malt beverage retailer's permit may be owned or held by a public
239	239	corporation, or by any entity which is directly or indirectly owned
240	240	or controlled, in whole or in part, by a public corporation, or by
241	241	any entity which would hold the liquor and malt beverage retailer's
242	242	permit for the benefit of a public corporation.
243	243	Sec. 27.17. SALE TO CUSTOMER IN STORE AT CLOSING.
244	244	Notwithstanding any other provision of this code, if a customer has
245	245	entered a liquor and malt beverage retailer's permitted store
246	246	during hours in which the store may sell alcohol and is still in the
247	247	store at the time the hours of legal sale end, the permittee may
248	248	allow the customer to remain in the store for a reasonable amount of
249	249	time to finish shopping, and the permittee may sell an alcoholic
250	250	beverage to that customer even though the sale occurs after the
251	251	designated end of the hours of legal sale.
252	252	Sec. 27.18. TASTINGS. (a) The holder of a liquor and malt
253	253	beverage retailer's permit may conduct product tastings of
254	254	distilled spirits, wine, malt beverages, or spirit-based coolers on
255	255	the permitted premises during regular business hours as provided by
256	256	this section.
257	257	(b) Written notification of a product tasting must be posted
258	258	on the premises of the liquor and malt beverage retailer's
259	259	permitted store permit holder not later than 48 hours before the
260	260	tasting event. The notification shall clearly state:
261	261	(1) the type and brand of alcoholic beverage to be
262	262	tasted;
263	263	(2) the date and hours the tasting is to take place;
264	264	and
265	265	(3) the address of the premises where the tasting is to
266	266	occur.
267	267	(c) A copy of the notification shall be kept on file and
268	268	available for inspection on the premises during all tasting hours.
269	269	(d) Sample portions at a product tasting shall be limited to
270	270	not more than:
271	271	(1) one-half ounce for distilled spirits;
272	272	(2) one ounce for wine; and
273	273	(3) one ounce for malt beverages and coolers.
274	274	(e) Not more than 20 different products may be made
275	275	available for tasting at any one time.
276	276	(f) No charge of any sort may be made for a sample serving.
277	277	(g) A person may be served more than one sample. Samples may
278	278	not be served to a minor or to an obviously intoxicated person. A
279	279	sample may not be removed from the permitted premises.
280	280	(h) During the tasting, not more than two containers of each
281	281	brand or type of product being tasted may be open on the premises at
282	282	one time.
283	283	(i) At the conclusion of the tasting, all empty or open
284	284	containers of alcoholic beverages used in the tasting shall be
285	285	removed from the premises or stored in a locked, secure area on the
286	286	permitted premises.
287	287	(j) A tasting event authorized by this section may not be
288	288	advertised except by on-site communications, by direct mail, by
289	289	electronic mail, or on the permit holder's Internet website.
290	290	(k) Except as provided by Subsection (l) or elsewhere in
291	291	this code, a person other than the liquor and malt beverage
292	292	retailer's permittee or the permittee's agent or employee may not
293	293	dispense or participate in the dispensing of alcoholic beverages
294	294	under this section.
295	295	(l) The holder of a distiller's or rectifier's permit or
296	296	nonresident seller's permit or that permit holder's agent or
297	297	employee may participate in and conduct product tastings of
298	298	alcoholic beverages at a retailer's premises and may open, touch,
299	299	or pour alcoholic beverages, make a presentation, or answer
300	300	questions at the tasting. Any alcoholic beverage tasted under this
301	301	subsection must be purchased from the liquor and malt beverage
302	302	retailer's permit holder on whose premises the tasting is held. The
303	303	permit holder may not require the purchase of more alcoholic
304	304	beverages than are necessary for the tasting. This section does not
305	305	authorize the holder of a distiller's or rectifier's permit or
306	306	nonresident seller's permit or that permit holder's agent or
307	307	employee to withdraw or purchase an alcoholic beverage from the
308	308	holder of a wholesaler's permit or provide an alcoholic beverage
309	309	for tasting on a retailer's premises that is not purchased from the
310	310	retailer.
311	311	(m) For the purposes of this code and any other law or
312	312	ordinance, a liquor and malt beverage retailer's permit does not
313	313	authorize the sale of alcoholic beverages for on-premise
314	314	consumption within the portion of the premises selling liquor.
315	315	SECTION 2. This Act takes effect September 1, 2023.