Bill Text: TX HB1024 | 2021-2022 | 87th Legislature | Enrolled
Bill Title: Relating to the pickup and delivery of alcoholic beverages from certain premises for off-premises consumption.
Spectrum: Slight Partisan Bill (Republican 19-10)
Status: (Passed) 2021-05-12 - Effective immediately [HB1024 Detail]
Download: Texas-2021-HB1024-Enrolled.html
H.B. No. 1024 |
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relating to the pickup and delivery of alcoholic beverages from | ||
certain premises for off-premises consumption. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. The heading to Section 28.1001, Alcoholic | ||
Beverage Code, is amended to read as follows: | ||
Sec. 28.1001. PICKUP AND [ |
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ALCOHOLIC BEVERAGES FOR OFF-PREMISES CONSUMPTION. | ||
SECTION 2. Section 28.1001, Alcoholic Beverage Code, is | ||
amended by amending Subsections (a), (c), and (d) and adding | ||
Subsections (a-1), (a-2), and (e) to read as follows: | ||
(a) In this section: | ||
(1) "Passenger area of a motor vehicle" has the | ||
meaning assigned by Section 49.031, Penal Code. | ||
(2) "Tamper-proof container" means a container that, | ||
once sealed, clearly shows whether it has been opened. The term | ||
includes a closed cup or similar container that is: | ||
(A) placed into a bag that has been sealed with a | ||
zip tie or staple; | ||
(B) sealed with shrink wrap or a similar seal; or | ||
(C) sealed by other methods approved by rule of | ||
the commission. | ||
(a-1) Notwithstanding any other provision of this code, the | ||
holder of a mixed beverage permit may deliver, or have delivered by | ||
a third party, including an independent contractor acting under | ||
Chapter 57, as added by Chapter 441 (S.B. 1450), Acts of the 86th | ||
Legislature, Regular Session, 2019, an alcoholic beverage from the | ||
permitted premises to an ultimate consumer located off-premises and | ||
in an area where the sale of the beverage is legal if: | ||
(1) the holder of the mixed beverage permit holds a | ||
food and beverage certificate for the permitted premises; | ||
(2) the delivery of the alcoholic beverage is made as | ||
part of the delivery of food prepared at the permitted premises; | ||
(3) the alcoholic beverage is: | ||
(A) a malt beverage [ |
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delivered in: | ||
(i) an original container sealed by the | ||
manufacturer; or | ||
(ii) a tamper-proof container that is | ||
sealed by the permit holder and clearly labeled with the permit | ||
holder's business name and the words "alcoholic beverage"; or | ||
(B) an alcoholic beverage other than a malt | ||
beverage [ |
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(i) is [ |
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single-serving container sealed by the manufacturer and not larger | ||
than 375 milliliters; or | ||
(ii) the permit holder mixes with other | ||
beverages or garnishes and stores in a tamper-proof container that | ||
is clearly labeled with the permit holder's business name and the | ||
words "alcoholic beverage"; and | ||
(4) the delivery is not made to another [ |
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that is permitted or licensed under this code. | ||
(a-2) Notwithstanding any other provision of this code, the | ||
holder of a mixed beverage permit may allow an ultimate consumer to | ||
pick up an alcoholic beverage described by Subsection (a-1)(3) and | ||
remove the beverage from the permitted premises if: | ||
(1) the holder of the mixed beverage permit holds a | ||
food and beverage certificate for the permitted premises; and | ||
(2) the pickup of the alcoholic beverage is made as | ||
part of the pickup of food prepared at the permitted premises. | ||
(c) An alcoholic beverage picked up or [ |
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under this section may be provided only to a person who is 21 years | ||
of age or older after the person picking up the alcoholic beverage | ||
or accepting the delivery presents valid proof of identity and age | ||
and: | ||
(1) the person picking up the alcoholic beverage or | ||
accepting the delivery personally signs a receipt, which may be | ||
electronic, acknowledging the pickup or delivery; or | ||
(2) the person providing the beverage for pickup or | ||
making the delivery acknowledges the completion of the pickup or | ||
delivery through a software application. | ||
(d) This section does not authorize the holder of a brewpub | ||
license who also holds a wine and malt beverage [ |
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permit to deliver alcoholic beverages directly to ultimate | ||
consumers for off-premise consumption at a location other than the | ||
licensed premises. | ||
(e) A person who picks up or delivers an alcoholic beverage | ||
described by Subsection (a-1)(3)(A)(ii) or (a-1)(3)(B)(ii) may not | ||
transport the alcoholic beverage in the passenger area of a motor | ||
vehicle. | ||
SECTION 3. Section 32.01(a), Alcoholic Beverage Code, is | ||
amended to read as follows: | ||
(a) A private club registration permit authorizes alcoholic | ||
beverages belonging to members of the club to be: | ||
(1) stored, possessed, and mixed on the club premises; | ||
[ |
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(2) served for on-premises consumption only to members | ||
of the club and their families and guests, by the drink or in | ||
sealed, unsealed, or broken containers of any legal size; and | ||
(3) served for off-premises consumption only to | ||
members of the club in the manner provided by Section 32.155. | ||
SECTION 4. Section 32.15, Alcoholic Beverage Code, is | ||
amended to read as follows: | ||
Sec. 32.15. REMOVAL OF BEVERAGES FROM PREMISES. A private | ||
club, irrespective of location or system of storage of alcoholic | ||
beverages, may not permit any person to remove any alcoholic | ||
beverages from the club premises, except: | ||
(1) as authorized by: | ||
(A) Section 28.10(b) or 32.155; or | ||
(B) Chapter 57, as added by Chapter 441 (S.B. | ||
1450), Acts of the 86th Legislature, Regular Session, 2019; or | ||
(2) for the purpose of removing unused inventory the | ||
person brought onto the premises under Section 14.07, as added by | ||
Chapter 792 (H.B. 1997), Acts of the 86th Legislature, Regular | ||
Session, 2019, or 37.01(d). | ||
SECTION 5. Chapter 32, Alcoholic Beverage Code, is amended | ||
by adding Section 32.155 to read as follows: | ||
Sec. 32.155. PICKUP AND DELIVERY OF ALCOHOLIC BEVERAGES FOR | ||
OFF-PREMISES CONSUMPTION. (a) In this section: | ||
(1) "Passenger area of a motor vehicle" has the | ||
meaning assigned by Section 49.031, Penal Code. | ||
(2) "Tamper-proof container" has the meaning assigned | ||
by Section 28.1001. | ||
(b) Notwithstanding any other provision of this code, the | ||
holder of a private club registration permit may deliver, or have | ||
delivered by a third party, including an independent contractor | ||
acting under Chapter 57, as added by Chapter 441 (S.B. 1450), Acts | ||
of the 86th Legislature, Regular Session, 2019, an alcoholic | ||
beverage from the permitted premises to an ultimate consumer | ||
located off-premises and in the county in which the private club is | ||
located if: | ||
(1) the holder of the private club registration permit | ||
holds a food and beverage certificate for the permitted premises; | ||
(2) the delivery of the alcoholic beverage is made as | ||
part of the delivery of food prepared at the permitted premises; | ||
(3) the ultimate consumer is a member of the club; | ||
(4) the alcoholic beverage is: | ||
(A) a malt beverage or wine delivered in: | ||
(i) an original container sealed by the | ||
manufacturer; or | ||
(ii) a tamper-proof container that is | ||
sealed by the permit holder and clearly labeled with the name of the | ||
private club registration permit holder and the words "alcoholic | ||
beverage"; or | ||
(B) an alcoholic beverage other than a malt | ||
beverage or wine that: | ||
(i) is delivered in an original, | ||
single-serving container sealed by the manufacturer and not larger | ||
than 375 milliliters; or | ||
(ii) the permit holder mixes with other | ||
beverages or garnishes and stores in a tamper-proof container that | ||
is clearly labeled with the name of the private club registration | ||
permit holder and the words "alcoholic beverage"; and | ||
(5) the delivery is not made to another premises that | ||
is permitted or licensed under this code. | ||
(c) Notwithstanding any other provision of this code, the | ||
holder of a private club registration permit may allow an ultimate | ||
consumer to pick up an alcoholic beverage described by Subsection | ||
(b)(4) and remove the beverage from the permitted premises if: | ||
(1) the holder of the private club registration permit | ||
holds a food and beverage certificate for the permitted premises; | ||
(2) the pickup of the alcoholic beverage is made as | ||
part of the pickup of food prepared at the permitted premises; and | ||
(3) the ultimate consumer is a member of the club. | ||
(d) An alcoholic beverage picked up or delivered under this | ||
section may be provided only to a person who is 21 years of age or | ||
older after the person picking up the alcoholic beverage or | ||
accepting the delivery presents valid proof of identity and age | ||
and: | ||
(1) the person picking up the alcoholic beverage or | ||
accepting the delivery personally signs a receipt, which may be | ||
electronic, acknowledging the pickup or delivery; or | ||
(2) the person providing the beverage for pickup or | ||
making the delivery acknowledges the completion of the pickup or | ||
delivery through a software application. | ||
(e) A person who picks up or delivers an alcoholic beverage | ||
described by Subsection (b)(4)(A)(ii) or (b)(4)(B)(ii) may not | ||
transport the alcoholic beverage in the passenger area of a motor | ||
vehicle. | ||
SECTION 6. Section 32.17(a), Alcoholic Beverage Code, as | ||
effective September 1, 2021, is amended to read as follows: | ||
(a) The commission or administrator may cancel or suspend | ||
for a period of time not exceeding 60 days, after notice and | ||
hearing, an original or renewal private club registration permit on | ||
finding that the permittee club has: | ||
(1) sold, offered for sale, purchased, or held title | ||
to any alcoholic beverage so as to constitute an open saloon; | ||
(2) refused to allow an authorized agent or | ||
representative of the commission or a peace officer to come on the | ||
club premises for the purposes of inspecting alcoholic beverages | ||
stored on the premises or investigating compliance with the | ||
provisions of this code; | ||
(3) refused to furnish the commission or its agent or | ||
representative when requested any information pertaining to the | ||
storage, possession, serving, or consumption of alcoholic | ||
beverages on club premises; | ||
(4) except as authorized under Section 32.15, | ||
permitted or allowed any alcoholic beverages stored on club | ||
premises to be served or consumed at any place other than on the | ||
club premises; | ||
(5) failed to maintain an adequate building at the | ||
address for which the private club registration permit was issued; | ||
(6) caused, permitted, or allowed any member of a club | ||
in a dry area to store any liquor on club premises except under the | ||
locker system; | ||
(7) caused, permitted, or allowed any person to | ||
consume or be served any alcoholic beverage on the club premises: | ||
(A) at any time on Sunday between the hours of | ||
1:15 a.m. and 10 a.m. or on any other day at any time between the | ||
hours of 12:15 a.m. and 7 a.m., if the club does not have a retailer | ||
late hours certificate, except that an alcoholic beverage served to | ||
a customer between 10 a.m. and 12 noon on Sunday must be provided | ||
during the service of food to the customer; or | ||
(B) at any time on Sunday between the hours of 2 | ||
a.m. and 10 a.m. or on any other day at any time between the hours of | ||
2 a.m. and 7 a.m., if the club has a retailer late hours | ||
certificate, except that an alcoholic beverage served to a customer | ||
between 10 a.m. and 12 noon on Sunday must be provided during the | ||
service of food to the customer; or | ||
(8) violated or assisted, aided or abetted the | ||
violation of any provision of this code. | ||
SECTION 7. Section 57.01(b), Alcoholic Beverage Code, is | ||
amended to read as follows: | ||
(b) An alcoholic beverage may be delivered under this | ||
section only if the alcoholic beverage is sold or served to the | ||
ultimate consumer by the holder of a: | ||
(1) package store permit; | ||
(2) wine only package store permit; | ||
(3) wine and beer retailer's permit; | ||
(4) wine and beer retailer's off-premise permit; | ||
(5) retail dealer's on-premise license; | ||
(6) retail dealer's off-premise license; [ |
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(7) mixed beverage permit authorized to deliver | ||
alcoholic beverages under Section 28.1001; or | ||
(8) private club permit authorized to deliver | ||
alcoholic beverages under Section 32.155. | ||
SECTION 8. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2021. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 1024 was passed by the House on March | ||
25, 2021, by the following vote: Yeas 144, Nays 1, 1 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 1024 was passed by the Senate on April | ||
28, 2021, by the following vote: Yeas 30, Nays 1. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |