89R3943 SCF-D
By: Landgraf H.B. No. 1301
A BILL TO BE ENTITLED
AN ACT
relating to the sale of wine and malt beverages by certain alcoholic
beverage manufacturers at a restaurant operated by the
manufacturer; creating a wine, malt beverage, and food permit.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle A, Title 3, Alcoholic Beverage Code, is
amended by adding Chapter 59 to read as follows:
CHAPTER 59. WINE, MALT BEVERAGE, AND FOOD PERMIT
Sec. 59.001. QUALIFICATION FOR PERMIT. A wine, malt
beverage, and food permit may be issued only to the holder of a
winery permit or a brewer's license who operates a restaurant on the
permitted or licensed premises.
Sec. 59.002. AUTHORIZED ACTIVITIES. (a) The holder of a
wine, malt beverage, and food permit may sell wine and malt
beverages to ultimate consumers for consumption at a restaurant
operated on the holder's permitted or licensed premises.
(b) Food must be available at all times alcoholic beverages
are sold.
Sec. 59.003. INFORMATION REQUIRED OF APPLICANTS. In
addition to the information required of applicants for permits
under this code, an applicant for a wine, malt beverage, and food
permit shall provide to the commission in the form and manner
prescribed by the commission in the original and each renewal
permit application:
(1) a menu or list of all food and beverages to be
offered for sale at the restaurant, including prices;
(2) a list of equipment used by the restaurant for food
preparation;
(3) the hours of operation for the restaurant,
including hours during which alcoholic beverages are available;
(4) any existing sales data for the restaurant, or if
none is available, projected sales for food, alcoholic beverages,
and any other major categories of sales by the restaurant; and
(5) a floorplan of the restaurant portion of the
permitted premises, showing the areas that are dedicated for food
preparation and service and the areas that are dedicated for
alcoholic beverage preparation and service.
Sec. 59.004. RECORDS. (a) A permit holder shall:
(1) maintain a summary of daily sales, separating the
total sales for:
(A) alcoholic beverages;
(B) food; and
(C) any other major sales categories, including
nonalcoholic beverages;
(2) maintain each invoice for the purchase of
alcoholic beverages sold under the permit until the fourth
anniversary of the date the alcoholic beverage was purchased; and
(3) make the invoices described by Subdivision (2)
available for inspection by the commission on the commission's
request.
(b) Failure to submit any required documentation to the
commission or maintain a record required by this section is:
(1) prima facie evidence of noncompliance with the
requirements of this chapter; and
(2) grounds for the commission to take disciplinary
action against the permit holder.
SECTION 2. As soon as practicable after the effective date
of this Act, the Texas Alcoholic Beverage Commission shall adopt
rules necessary to implement the changes in law made by this Act.
SECTION 3. This Act takes effect September 1, 2025.