S.B. No. 1322
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 distilled
spirits that:
(A) are in the original manufacturer's sealed
container, including a bottle or case of bottles;
(B) are not owned by the holder of a distiller's
and rectifier's permit or the holder of a nonresident seller's
permit;
(C) are not otherwise available for purchase from
the holder of a wholesaler's permit;
(D) have not been offered for sale by the holder
of a wholesaler's permit within the preceding five years; and
(E) are possessed by a person in this state.
(31) "Vintage distilled spirits seller" means a person
who:
(A) is at least 21 years of age;
(B) does not hold a license or permit under this
code; and
(C) is:
(i) an administrator, executor, receiver,
or other fiduciary who receives and sells vintage distilled spirits
in execution of the person's fiduciary capacity;
(ii) a creditor who receives or takes
possession of vintage distilled spirits as security for, or in
payment of, debt, in whole or in part;
(iii) 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
(iv) any other person who does not hold or
have an interest in a permit or a license or in the business of a
permit or license holder under this code 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;
(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) purchase and 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 to the
holder of a package store permit, for each permitted premises, not
more than 24 containers of vintage distilled spirits during any
12-month period.
(c) The holder of a package store permit shall maintain a
record of each purchase of vintage distilled spirits until the
second anniversary of the date the vintage distilled spirits are
purchased and provide the record to the commission on request. The
record must include the following information:
(1) the permit holder's name, address, permit number,
and phone number;
(2) the vintage distilled spirits seller's name,
address, and phone number;
(3) the brand name and quantity of each vintage
distilled spirits container purchased;
(4) the date of the purchase; and
(5) the number of containers of vintage distilled
spirits the permit holder has previously purchased from the vintage
distilled spirits seller and the dates of those purchases.
(d) A package store permit holder may sell vintage distilled
spirits to consumers for off-premises consumption only and to
holders of passenger transportation permits as provided in Section
48.03.
(e) Any holder of a package store permit who is injured in
the permittee's business or property by a vintage distilled spirits
seller by the sale of forged, adulterated, or counterfeit vintage
distilled spirits to the permittee may institute suit in any
district court in the county in which the violation is alleged to
have occurred to require enforcement by injunctive procedures and
to recover triple damages plus costs of suit including reasonable
attorney's fees.
SECTION 4. Section 23.01(a), Alcoholic Beverage Code, is
amended to read as follows:
(a) The holder of a local distributor's permit may:
(1) purchase alcoholic beverages, including malt
beverages, from wholesalers and distributors authorized to sell
them for resale, but may purchase only those brands available for
general distribution to all local distributor's permittees;
(2) sell and distribute the alcoholic beverages,
including malt beverages, to mixed beverage and private club
registration permittees;
(3) sell and distribute distilled spirits to the
holder of a nonprofit entity temporary event permit; [and]
(4) rent or sell to mixed beverage and private club
registration permittees any equipment, fixtures, or supplies used
in the selling or dispensing of distilled spirits; and
(5) purchase and sell vintage distilled spirits as
provided by Section 23.07.
SECTION 5. Chapter 23, Alcoholic Beverage Code, is amended
by adding Section 23.07 to read as follows:
Sec. 23.07. PURCHASE AND SALE OF VINTAGE DISTILLED SPIRITS.
(a) The holder of a local distributor's permit may purchase vintage
distilled spirits from a vintage distilled spirits seller.
(b) A vintage distilled spirits seller may sell to the
holder of a local distributor's permit, for each permitted
premises, not more than 24 containers of vintage distilled spirits
during any 12-month period.
(c) The holder of a local distributor's permit shall
maintain a record of each purchase of vintage distilled spirits
until the second anniversary of the date the vintage distilled
spirits are purchased and provide the record to the commission on
request. The record must include the following information:
(1) the permit holder's name, address, permit number,
and phone number;
(2) the vintage distilled spirits seller's name,
address, and phone number;
(3) the brand name and quantity of each vintage
distilled spirits container purchased;
(4) the date of the purchase; and
(5) the number of containers of vintage distilled
spirits the permit holder has previously purchased from the vintage
distilled spirits seller and the dates of those purchases.
(d) A local distributor's permit holder may sell to the
holder of a mixed beverage permit not more than six containers of
vintage distilled spirits during any 12-month period.
(e) Any holder of a local distributor's permit who is
injured in the permittee's business or property by a vintage
distilled spirits seller by the sale of forged, adulterated, or
counterfeit vintage distilled spirits to the permittee may
institute suit in any district court in the county in which the
violation is alleged to have occurred to require enforcement by
injunctive procedures and to recover triple damages plus costs of
suit including reasonable attorney's fees.
SECTION 6. Section 28.07(a), 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 7. Section 103.10, Alcoholic Beverage Code, is
amended to read as follows:
Sec. 103.10. EXERCISE OF DISCRETION IN CASE OF MISTAKE. (a)
The preceding sections of this subchapter shall not be construed as
preventing the commission from exercising its discretion if illicit
alcoholic beverages are seized as the result of an accidental
shipment or other reasonable mistake. Under those circumstances,
the commission may issue orders and make disposition of the
alcoholic beverages as it finds just and reasonable.
(b) It is a defense to prosecution or to the imposition of a
civil or administrative penalty for a violation under this chapter
that:
(1) the holder of a package store permit or the holder
of a local distributor's permit:
(A) purchased an illicit beverage from a vintage
distilled spirits seller under Section 22.19 or 23.07 in good
faith;
(B) reasonably believed the illicit beverage was
vintage distilled spirits at all times the beverage was in the
permit holder's possession; and
(C) sold the illicit beverage to an authorized
purchaser in good faith; and
(2) an authorized purchaser, to whom the holder of a
package store permit or local distributor's permit sold an illicit
beverage, reasonably believed the beverage was vintage distilled
spirits and not an illicit beverage.
SECTION 8. Section 201.08(a), Alcoholic Beverage Code, is
amended to read as follows:
(a) No tax may be collected on liquor:
(1) shipped out of state for consumption outside the
state; [or]
(2) sold aboard a ship for ship's supplies; or
(3) sold as vintage distilled spirits.
SECTION 9. This Act takes effect September 1, 2023.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1322 passed the Senate on
April 24, 2023, by the following vote: Yeas 28, Nays 1,
one present not voting.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1322 passed the House on
May 6, 2023, by the following vote: Yeas 134, Nays 3,
one present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor