Texas 2023 - 88th Regular

Texas Senate Bill SB1322 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	S.B. No. 1322
2	2
3	3
4	4	AN ACT
5	5	relating to the purchase and sale of vintage distilled spirits by
6	6	the holder of a package store permit or local distributor's permit.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 1.04, Alcoholic Beverage Code, is
9	9	amended by adding Subdivisions (30) and (31) to read as follows:
10	10	(30) "Vintage distilled spirits" means distilled
11	11	spirits that:
12	12	(A) are in the original manufacturer's sealed
13	13	container, including a bottle or case of bottles;
14	14	(B) are not owned by the holder of a distiller's
15	15	and rectifier's permit or the holder of a nonresident seller's
16	16	permit;
17	17	(C) are not otherwise available for purchase from
18	18	the holder of a wholesaler's permit;
19	19	(D) have not been offered for sale by the holder
20	20	of a wholesaler's permit within the preceding five years; and
21	21	(E) are possessed by a person in this state.
22	22	(31) "Vintage distilled spirits seller" means a person
23	23	who:
24	24	(A) is at least 21 years of age;
25	25	(B) does not hold a license or permit under this
26	26	code; and
27	27	(C) is:
28	28	(i) an administrator, executor, receiver,
29	29	or other fiduciary who receives and sells vintage distilled spirits
30	30	in execution of the person's fiduciary capacity;
31	31	(ii) a creditor who receives or takes
32	32	possession of vintage distilled spirits as security for, or in
33	33	payment of, debt, in whole or in part;
34	34	(iii) a public officer or court official
35	35	who levies on vintage distilled spirits under order or process of
36	36	any court or magistrate to sell the vintage distilled spirits in
37	37	satisfaction of the order or process; or
38	38	(iv) any other person who does not hold or
39	39	have an interest in a permit or a license or in the business of a
40	40	permit or license holder under this code and is not engaged in the
41	41	business of selling alcoholic beverages.
42	42	SECTION 2. Section 22.01, Alcoholic Beverage Code, is
43	43	amended to read as follows:
44	44	Sec. 22.01. AUTHORIZED ACTIVITIES. The holder of a package
45	45	store permit may:
46	46	(1) purchase liquor in this state from the holder of a
47	47	winery, wholesaler's, or class B wholesaler's permit;
48	48	(2) purchase malt beverages in this state from the
49	49	holder of a general or branch distributor's license;
50	50	(3) sell liquor and malt beverages in unbroken
51	51	original containers on or from the holder's licensed premises at
52	52	retail to consumers for off-premises consumption only and not for
53	53	the purpose of resale, except that if the permittee is a hotel, the
54	54	permittee may deliver unbroken packages of liquor and malt
55	55	beverages to bona fide guests of the hotel in their rooms for
56	56	consumption in their rooms;
57	57	(4) sell vinous liquors in original containers of not
58	58	less than six ounces; [and]
59	59	(5) sell liquor to holders of passenger transportation
60	60	permits as provided in Section 48.03; and
61	61	(6) purchase and sell vintage distilled spirits as
62	62	provided in Section 22.19.
63	63	SECTION 3. Chapter 22, Alcoholic Beverage Code, is amended
64	64	by adding Section 22.19 to read as follows:
65	65	Sec. 22.19. PURCHASE AND SALE OF VINTAGE DISTILLED SPIRITS.
66	66	(a) The holder of a package store permit may purchase vintage
67	67	distilled spirits from a vintage distilled spirits seller.
68	68	(b) A vintage distilled spirits seller may sell to the
69	69	holder of a package store permit, for each permitted premises, not
70	70	more than 24 containers of vintage distilled spirits during any
71	71	12-month period.
72	72	(c) The holder of a package store permit shall maintain a
73	73	record of each purchase of vintage distilled spirits until the
74	74	second anniversary of the date the vintage distilled spirits are
75	75	purchased and provide the record to the commission on request. The
76	76	record must include the following information:
77	77	(1) the permit holder's name, address, permit number,
78	78	and phone number;
79	79	(2) the vintage distilled spirits seller's name,
80	80	address, and phone number;
81	81	(3) the brand name and quantity of each vintage
82	82	distilled spirits container purchased;
83	83	(4) the date of the purchase; and
84	84	(5) the number of containers of vintage distilled
85	85	spirits the permit holder has previously purchased from the vintage
86	86	distilled spirits seller and the dates of those purchases.
87	87	(d) A package store permit holder may sell vintage distilled
88	88	spirits to consumers for off-premises consumption only and to
89	89	holders of passenger transportation permits as provided in Section
90	90	48.03.
91	91	(e) Any holder of a package store permit who is injured in
92	92	the permittee's business or property by a vintage distilled spirits
93	93	seller by the sale of forged, adulterated, or counterfeit vintage
94	94	distilled spirits to the permittee may institute suit in any
95	95	district court in the county in which the violation is alleged to
96	96	have occurred to require enforcement by injunctive procedures and
97	97	to recover triple damages plus costs of suit including reasonable
98	98	attorney's fees.
99	99	SECTION 4. Section 23.01(a), Alcoholic Beverage Code, is
100	100	amended to read as follows:
101	101	(a) The holder of a local distributor's permit may:
102	102	(1) purchase alcoholic beverages, including malt
103	103	beverages, from wholesalers and distributors authorized to sell
104	104	them for resale, but may purchase only those brands available for
105	105	general distribution to all local distributor's permittees;
106	106	(2) sell and distribute the alcoholic beverages,
107	107	including malt beverages, to mixed beverage and private club
108	108	registration permittees;
109	109	(3) sell and distribute distilled spirits to the
110	110	holder of a nonprofit entity temporary event permit; [and]
111	111	(4) rent or sell to mixed beverage and private club
112	112	registration permittees any equipment, fixtures, or supplies used
113	113	in the selling or dispensing of distilled spirits; and
114	114	(5) purchase and sell vintage distilled spirits as
115	115	provided by Section 23.07.
116	116	SECTION 5. Chapter 23, Alcoholic Beverage Code, is amended
117	117	by adding Section 23.07 to read as follows:
118	118	Sec. 23.07. PURCHASE AND SALE OF VINTAGE DISTILLED SPIRITS.
119	119	(a) The holder of a local distributor's permit may purchase vintage
120	120	distilled spirits from a vintage distilled spirits seller.
121	121	(b) A vintage distilled spirits seller may sell to the
122	122	holder of a local distributor's permit, for each permitted
123	123	premises, not more than 24 containers of vintage distilled spirits
124	124	during any 12-month period.
125	125	(c) The holder of a local distributor's permit shall
126	126	maintain a record of each purchase of vintage distilled spirits
127	127	until the second anniversary of the date the vintage distilled
128	128	spirits are purchased and provide the record to the commission on
129	129	request. The record must include the following information:
130	130	(1) the permit holder's name, address, permit number,
131	131	and phone number;
132	132	(2) the vintage distilled spirits seller's name,
133	133	address, and phone number;
134	134	(3) the brand name and quantity of each vintage
135	135	distilled spirits container purchased;
136	136	(4) the date of the purchase; and
137	137	(5) the number of containers of vintage distilled
138	138	spirits the permit holder has previously purchased from the vintage
139	139	distilled spirits seller and the dates of those purchases.
140	140	(d) A local distributor's permit holder may sell to the
141	141	holder of a mixed beverage permit not more than six containers of
142	142	vintage distilled spirits during any 12-month period.
143	143	(e) Any holder of a local distributor's permit who is
144	144	injured in the permittee's business or property by a vintage
145	145	distilled spirits seller by the sale of forged, adulterated, or
146	146	counterfeit vintage distilled spirits to the permittee may
147	147	institute suit in any district court in the county in which the
148	148	violation is alleged to have occurred to require enforcement by
149	149	injunctive procedures and to recover triple damages plus costs of
150	150	suit including reasonable attorney's fees.
151	151	SECTION 6. Section 28.07(a), Alcoholic Beverage Code, is
152	152	amended to read as follows:
153	153	(a) All distilled spirits and vintage distilled spirits
154	154	sold by a holder of a mixed beverage permit must be purchased from a
155	155	holder of a local distributor's permit in the county in which the
156	156	premises of a mixed beverage permittee is located.
157	157	SECTION 7. Section 103.10, Alcoholic Beverage Code, is
158	158	amended to read as follows:
159	159	Sec. 103.10. EXERCISE OF DISCRETION IN CASE OF MISTAKE. (a)
160	160	The preceding sections of this subchapter shall not be construed as
161	161	preventing the commission from exercising its discretion if illicit
162	162	alcoholic beverages are seized as the result of an accidental
163	163	shipment or other reasonable mistake. Under those circumstances,
164	164	the commission may issue orders and make disposition of the
165	165	alcoholic beverages as it finds just and reasonable.
166	166	(b) It is a defense to prosecution or to the imposition of a
167	167	civil or administrative penalty for a violation under this chapter
168	168	that:
169	169	(1) the holder of a package store permit or the holder
170	170	of a local distributor's permit:
171	171	(A) purchased an illicit beverage from a vintage
172	172	distilled spirits seller under Section 22.19 or 23.07 in good
173	173	faith;
174	174	(B) reasonably believed the illicit beverage was
175	175	vintage distilled spirits at all times the beverage was in the
176	176	permit holder's possession; and
177	177	(C) sold the illicit beverage to an authorized
178	178	purchaser in good faith; and
179	179	(2) an authorized purchaser, to whom the holder of a
180	180	package store permit or local distributor's permit sold an illicit
181	181	beverage, reasonably believed the beverage was vintage distilled
182	182	spirits and not an illicit beverage.
183	183	SECTION 8. Section 201.08(a), Alcoholic Beverage Code, is
184	184	amended to read as follows:
185	185	(a) No tax may be collected on liquor:
186	186	(1) shipped out of state for consumption outside the
187	187	state; [or]
188	188	(2) sold aboard a ship for ship's supplies; or
189	189	(3) sold as vintage distilled spirits.
190	190	SECTION 9. This Act takes effect September 1, 2023.
191	191	______________________________ ______________________________
192	192	President of the Senate Speaker of the House
193	193	I hereby certify that S.B. No. 1322 passed the Senate on
194	194	April 24, 2023, by the following vote: Yeas 28, Nays 1,
195	195	one present not voting.
196	196	______________________________
197	197	Secretary of the Senate
198	198	I hereby certify that S.B. No. 1322 passed the House on
199	199	May 6, 2023, by the following vote: Yeas 134, Nays 3,
200	200	one present not voting.
201	201	______________________________
202	202	Chief Clerk of the House
203	203	Approved:
204	204	______________________________
205	205	Date
206	206	______________________________
207	207	Governor