By: Menéndez S.B. No. 1322
(In the Senate - Filed February 28, 2023; March 9, 2023,
read first time and referred to Committee on State Affairs;
April 18, 2023, reported favorably by the following vote: Yeas 8,
Nays 2; April 18, 2023, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to the purchase and sale of vintage distilled spirits by
the holder of a package store permit or local distributor's permit.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1.04, Alcoholic Beverage Code, is
amended by adding Subdivisions (30) and (31) to read as follows:
(30) "Vintage distilled spirits" means alcohol,
spirits of wine, whiskey, rum, brandy, gin, or any liquor produced
in whole or in part by the process of distillation, including all
dilutions or mixtures of them, and are:
(A) a bottle or case of bottles of distilled
spirits that:
(1) are in their original manufacturer's
unopened container;
(2) are not owned by the holder of a
distiller's and rectifier's permit or a nonresident seller's
permit;
(3) are not otherwise available for
purchase from or have been offered for sale by the holder of a
wholesaler's permit in this state within the last twelve (12)
months; and
(4) are possessed in this state.
(31) A "vintage distilled spirits seller" means a
non-licensed person at least twenty-one (21) years of age who is:
(A) an administrator, executor, receiver, or
other fiduciary who receives and sells vintage distilled spirits in
execution of the person's fiduciary capacity;
(B) a creditor who receives or takes possession
of vintage distilled spirits as security for, or in payment of,
debt, in whole or in part;
(C) a public officer or court official who levies
on vintage distilled spirits under order or process of any court or
magistrate to sell the vintage distilled spirits in satisfaction of
the order or process; or
(D) any other person who is not a permittee or
licensee, holds no interest in a permittee or licensee, and is not
engaged in the business of selling alcoholic beverages.
SECTION 2. Section 22.01, Alcoholic Beverage Code, is
amended to read as follows:
Sec. 22.01. AUTHORIZED ACTIVITIES. The holder of a
package store permit may:
(1) purchase liquor in this state from the holder of a
winery, wholesaler's, or class B wholesaler's permit;
(2) purchase malt beverages in this state from the
holder of a general or branch distributor's license;
(2-a) purchase vintage distilled spirits from a
vintage distilled spirits seller;
(3) sell liquor and malt beverages in unbroken
original containers on or from the holder's licensed premises at
retail to consumers for off-premises consumption only and not for
the purpose of resale, except that if the permittee is a hotel, the
permittee may deliver unbroken packages of liquor and malt
beverages to bona fide guests of the hotel in their rooms for
consumption in their rooms;
(4) sell vinous liquors in original containers of not
less than six ounces; [and]
(5) sell liquor to holders of passenger transportation
permits as provided in Section 48.03; and
(6) sell vintage distilled spirits as provided in
Section 22.19.
SECTION 3. Chapter 22, Alcoholic Beverage Code, is amended
by adding Section 22.19 to read as follows:
Sec. 22.19. PURCHASE AND SALE OF VINTAGE DISTILLED SPIRITS.
(a) The holder of a package store permit may purchase vintage
distilled spirits from a vintage distilled spirits seller.
(b) A vintage distilled spirits seller may sell no more than
twenty-four (24) vintage distilled spirits bottles or containers in
any given twelve (12) month period to each premises of the holder of
a package store permit.
(c) Prior to selling vintage distilled spirits purchased
from a vintage distilled spirits seller to a consumer, the holder of
a package store permit shall provide notice of its purchase of the
vintage distilled spirits to the commission. The notice shall
contain the following information:
(1) the name, address, state license number, and phone
number of the holder of a package store permit purchasing vintage
distilled spirits;
(2) the name, address, and phone number of the vintage
distilled spirits seller;
(3) the brand name and quantity of bottles or
containers of each vintage distilled spirits purchased;
(4) the date of the purchase; and
(5) the number of bottles or containers that the
package store permittee has previously purchased from the same
vintage distilled spirits seller and the dates of those purchases.
SECTION 4. Section 23.01, Alcoholic Beverage Code, is
amended by adding Subsection (c) to read as follows:
(c) A local distributor's permittee may purchase vintage
distilled spirits from a vintage distilled spirits seller subject
to the same limitations and requirements under Sections 22.19(b)
and (c). A local distributor's permittee may sell and distribute
such vintage distilled spirits to the mixed beverage permittees in
an amount not to exceed six (6) bottles or containers per mixed
beverage permittee premises during any given twelve (12) month
period.
SECTION 5. Subsection (a), Section 28.07, Alcoholic
Beverage Code, is amended to read as follows:
(a) All distilled spirits and vintage distilled spirits
sold by a holder of a mixed beverage permit must be purchased from a
holder of a local distributor's permit in the county in which the
premises of a mixed beverage permittee is located.
SECTION 6. Section 201.02, Alcoholic Beverage Code, is
amended to read as follows:
Sec. 201.02. "FIRST SALE" DEFINED. In this subchapter,
"first sale":
(1) as applied to liquor imported into this state by
the holder of a wholesaler's permit authorizing importation, means
the first actual sale by the permittee to the holder of any other
permit authorizing the retail sale of the beverage or to the holder
of a local distributor's permit; and
(2) as applied to all other liquor, means the first
sale, possession, distribution, or use in this state, except that
the term does not include the first sale by:
(A) the holder of a winery permit to another
holder of a winery permit or the holder of a wholesaler's permit;
[or]
(B) the holder of a distiller's and rectifier's
permit to the holder of a wholesaler's permit; or
(c) a vintage distilled spirits seller to the holder of a
package store permit or a local distributor's permit of vintage
distilled spirits.
SECTION 7. This Act takes effect September 1, 2023.
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