Bill Text: TX HB175 | 2011-2012 | 82nd Legislature | Engrossed
Bill Title: Relating to the on-premises consumption of certain alcoholic beverages; providing a penalty.
Sponsorship: Moderate Partisan Bill (Republican 46-15)
Status: (Engrossed - Dead) 2011-05-17 - Left pending in committee [HB175 Detail]
Download: Texas-2011-HB175-Engrossed.html
| By: Jackson, Flynn, Creighton, Hochberg, | H.B. No. 175 | |
| Pitts, et al. | ||
|
|
||
|
|
||
| relating to the on-premises consumption of certain alcoholic | ||
| beverages; providing a penalty. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subtitle B, Title 3, Alcoholic Beverage Code, is | ||
| amended by adding Chapter 76 to read as follows: | ||
| CHAPTER 76. ON-PREMISES CONSUMPTION ONLY LICENSE | ||
| Sec. 76.01. AUTHORIZED ACTIVITIES. The holder of an | ||
| on-premises consumption only license may allow a person to: | ||
| (1) consume alcoholic beverages on the licensed | ||
| premises; and | ||
| (2) bring alcoholic beverages onto or possess | ||
| alcoholic beverages on the licensed premises for the purpose of | ||
| consumption by the person on the licensed premises. | ||
| Sec. 76.02. ON-PREMISES CONSUMPTION ONLY LICENSE REQUIRED. | ||
| (a) Except as provided by Subsection (b), a person is required to | ||
| obtain a license under this chapter if the person: | ||
| (1) operates a commercial establishment that: | ||
| (A) provides entertainment or social activities; | ||
| or | ||
| (B) requires payment, dues, or mandatory | ||
| purchase of any kind or amount to be admitted onto the premises; and | ||
| (2) allows persons to possess, consume, or bring | ||
| alcoholic beverages onto the premises for the purpose of | ||
| consumption. | ||
| (b) A license under this chapter is not required for: | ||
| (1) an establishment that operates primarily as a food | ||
| service establishment; | ||
| (2) a fraternal or veterans organization as defined by | ||
| Section 32.11; | ||
| (3) an establishment operated by a religious | ||
| organization, governmental entity, or charitable organization; | ||
| (4) a premises that is covered by a license or permit | ||
| under this code authorizing the sale or service of alcoholic | ||
| beverages; or | ||
| (5) other types of establishments as determined by the | ||
| commission where the consumption of alcohol does not pose a threat | ||
| to the public health or safety. | ||
| (c) For the purposes of this section, an establishment | ||
| operates primarily as a food service establishment only if: | ||
| (1) the establishment has food service facilities for | ||
| the preparation and service of a minimum of eight entrees; | ||
| (2) the establishment operates under a food service | ||
| establishment permit issued by a local or state health authority; | ||
| and | ||
| (3) the hours of operation for the sale and service of | ||
| food are the same as the hours of operation for the establishment. | ||
| Sec. 76.03. FEE. The annual state fee for an on-premises | ||
| consumption only license is $1,000. | ||
| Sec. 76.04. ISSUANCE, CANCELLATION, AND SUSPENSION OF | ||
| LICENSE. (a) The provisions of this code relating to the | ||
| application for and issuance of a retail dealer's on-premise | ||
| license apply to an application for and issuance of an on-premises | ||
| consumption only license. | ||
| (b) The provisions of this code relating to the cancellation | ||
| and suspension of a retail dealer's on-premise license apply to the | ||
| cancellation and suspension of an on-premises consumption only | ||
| license. | ||
| Sec. 76.05. GENERALLY APPLICABLE PROVISIONS. The | ||
| provisions generally applicable to a license under Chapter 61 apply | ||
| to an on-premises consumption only license. | ||
| Sec. 76.06. BREACH OF PEACE. The commission or | ||
| administrator may suspend or cancel an on-premises consumption only | ||
| license after giving the licensee notice and the opportunity to | ||
| show compliance with all requirements of law for retention of the | ||
| license if the commission or administrator finds that a breach of | ||
| the peace has occurred on the licensed premises or on premises under | ||
| the licensee's control and that the breach of the peace was not | ||
| beyond the control of the licensee and resulted from the licensee's | ||
| improper supervision of persons permitted to be on the licensed | ||
| premises or the premises under the licensee's control. | ||
| Sec. 76.07. CONSUMPTION BY MINOR OR INTOXICATED PERSON. | ||
| The commission or administrator may suspend or cancel an | ||
| on-premises consumption only license after giving the licensee | ||
| notice and the opportunity to show compliance with all requirements | ||
| of law for retention of the license if the commission or | ||
| administrator finds that the licensee permitted a minor or an | ||
| intoxicated person to consume alcohol on the licensed premises or | ||
| on premises under the licensee's control. | ||
| Sec. 76.08. CONSUMPTION NEAR CHURCH, SCHOOL, OR HOSPITAL. | ||
| A municipality or a county may enact regulations prohibiting the | ||
| consumption of alcoholic beverages on the premises of a commercial | ||
| establishment described by Section 76.02 near a church, public or | ||
| private school, or public hospital in the same manner as the | ||
| municipality or county may prohibit the sale of alcoholic beverages | ||
| near a church, public or private school, or public hospital under | ||
| Section 109.33. | ||
| Sec. 76.09. OFFENSE. A person who fails to obtain a license | ||
| as required by this chapter commits an offense. | ||
| SECTION 2. On or before January 1, 2012, the Texas Alcoholic | ||
| Beverage Commission shall adopt all rules necessary to implement | ||
| Chapter 76, Alcoholic Beverage Code, as added by this Act. | ||
| SECTION 3. (a) Except as provided by Subsection (b) of this | ||
| section, this Act takes effect September 1, 2011. | ||
| (b) Section 76.09, Alcoholic Beverage Code, as added by this | ||
| Act, takes effect January 1, 2012. | ||
