88R8400 SCP-D
By: Creighton S.B. No. 1932
A BILL TO BE ENTITLED
AN ACT
relating to authorizing secondary wine sales; requiring a
registration; authorizing an administrative penalty; authorizing a
fee and a tax.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 4, Alcoholic Beverage Code, is amended by
adding Chapter 111 to read as follows:
CHAPTER 111. SECONDARY WINE SALES
Sec. 111.001. DEFINITIONS. In this chapter:
(1) "Permitted restaurant" means a restaurant that
holds:
(A) a mixed beverage permit, a wine and malt
beverage retailer's permit, or a private club registration permit;
and
(B) a food and beverage certificate.
(2) "Registered wine collector" means the holder of a
collector's registration number issued by the commission under this
chapter.
Sec. 111.002. COLLECTOR'S REGISTRATION. (a) A person may
be registered as a wine collector under this chapter only if the
person:
(1) passes a basic background check;
(2) pays a fee established by the commission in
accordance with Section 5.50; and
(3) fulfills any other requirement prescribed by
commission rule.
(b) The commission shall issue a unique wine collector's
registration number to each registered wine collector.
Sec. 111.003. AUTHORIZED ACTIVITIES. A registered wine
collector may sell to a permitted restaurant wine that is:
(1) lawfully owned by the collector;
(2) in an original container sealed by the
manufacturer; and
(3) manufactured not less than 20 years before the
date the collector sells the wine to a permitted restaurant.
Sec. 111.004. PURCHASE BY RESTAURANT; SALE TO CONSUMER. A
permitted restaurant may purchase wine from a registered wine
collector and sell that wine to an ultimate consumer for
on-premises consumption in accordance with the permit held by the
permitted restaurant.
Sec. 111.005. RECORDS. (a) A permitted restaurant that
purchases wine under this chapter shall maintain a record of each
purchase. A permitted restaurant shall maintain the record until
the second anniversary of the date the restaurant sells the wine to
an ultimate consumer.
(b) The record, at a minimum, must include:
(1) the name and registration number of the registered
wine collector who sold the wine to the permitted restaurant;
(2) a description of the wine;
(3) details of the transaction between the registered
wine collector and the permitted restaurant; and
(4) any documents that support the provenance of the
wine.
(c) A permitted restaurant shall make a record of a wine
purchase made under this chapter available upon request to the
ultimate consumer who purchases the wine. The ultimate consumer
may request the records either before or after the sale to the
consumer. The permitted restaurant may redact from the record the
price the restaurant paid for the wine.
(d) The commission shall assess an administrative penalty
in the amount of $500 against a permitted restaurant for each
violation of this section.
Sec. 111.006. TAX. A permitted restaurant shall pay a tax
of $1.00 for each container of wine purchased by the restaurant
under this chapter. The permitted restaurant shall remit the tax
imposed under this section in the same manner as a tax imposed on
liquor under Subchapter A, Chapter 201.
SECTION 2. As soon as practicable after the effective date
of this Act, the Texas Alcoholic Beverage Commission shall adopt
rules necessary to implement Chapter 111, Alcoholic Beverage Code,
as added by this Act.
SECTION 3. This Act takes effect September 1, 2023.