Bill Text: TX HB175 | 2011-2012 | 82nd Legislature | Engrossed

---

Bill Title: Relating to the on-premises consumption of certain alcoholic beverages; providing a penalty.

Spectrum: 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.

A BILL TO BE ENTITLED
AN ACT
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.