Bill Text: TX HB1997 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to the sale of distilled spirits to ultimate consumers by the holder of a distiller's and rectifier's permit.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-04-09 - Left pending in committee [HB1997 Detail]
Download: Texas-2013-HB1997-Introduced.html
83R8360 AJA-D | ||
By: Kuempel | H.B. No. 1997 |
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relating to the sale of distilled spirits to ultimate consumers by | ||
the holder of a distiller's and rectifier's permit. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 14.01(a), Alcoholic Beverage Code, is | ||
amended to read as follows: | ||
(a) The holder of a distiller's and rectifier's permit may: | ||
(1) manufacture distilled spirits; | ||
(2) rectify, purify, and refine distilled spirits and | ||
wines; | ||
(3) mix wines, distilled spirits, or other liquors; | ||
(4) bottle, label, and package the permit holder's | ||
finished products; | ||
(5) sell the finished products in this state to | ||
holders of wholesaler's permits and to qualified persons outside | ||
the state; | ||
(6) import distilled spirits, to be used only for | ||
manufacturing or rectification purposes, from holders of | ||
nonresident seller's permits; [ |
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(7) dispense free distilled spirits for consumption on | ||
the permitted premises under Section 14.04; and | ||
(8) if located in a wet area, sell distilled spirits to | ||
ultimate consumers under Section 14.04 or 14.05. | ||
SECTION 2. Section 14.04(a), Alcoholic Beverage Code, is | ||
amended to read as follows: | ||
(a) The holder of a distiller's and rectifier's permit may | ||
conduct distilled spirits samplings on the permitted premises. The | ||
permit holder may dispense free samples or collect a fee for the | ||
sampling. | ||
SECTION 3. Chapter 14, Alcoholic Beverage Code, is amended | ||
by adding Section 14.05 to read as follows: | ||
Sec. 14.05. SALES TO ULTIMATE CONSUMERS. (a) The holder of | ||
a distiller's and rectifier's permit may sell to ultimate consumers | ||
for consumption on the permitted premises distilled spirits | ||
manufactured or rectified by the permit holder in an amount not to | ||
exceed 3,000 gallons annually. | ||
(b) The holder of a distiller's and rectifier's permit may | ||
sell distilled spirits manufactured by the permit holder to | ||
ultimate consumers for off-premises consumption in unbroken | ||
packages containing not more than 750 milliliters of distilled | ||
spirits for off-premises consumption in an amount not to exceed | ||
3,500 gallons annually. | ||
(c) The holder of a distiller's and rectifier's permit may | ||
not under Subsection (b) sell more than two 750 milliliter bottles | ||
of distilled spirits or the equivalent to the same consumer within a | ||
30-day period. | ||
(d) A sale under Subsection (b): | ||
(1) may be made only to an individual who is physically | ||
present at the permit holder's premises; and | ||
(2) must be delivered to the purchaser in person | ||
during the purchaser's visit. | ||
(e) A person may not make a purchase under Subsection (b) as | ||
an agent for another person. | ||
(f) The permit holder must check a purchaser's | ||
identification and keep records of purchases in a manner that | ||
enables the permit holder to comply with this section. | ||
(g) A bottle of distilled spirits sold on the permit | ||
holder's premises under Subsection (b) must bear a notice affixed | ||
to the bottle that: | ||
(1) does not obscure the label approved by the Alcohol | ||
and Tobacco Tax and Trade Bureau; | ||
(2) states that the bottle is commemorative; | ||
(3) states the month and year the bottle is sold; and | ||
(4) is signed by an agent of the permit holder. | ||
SECTION 4. Chapter 105, Alcoholic Beverage Code, is amended | ||
by adding Section 105.081 to read as follows: | ||
Sec. 105.081. HOURS OF SALE AND CONSUMPTION: DISTILLERY. | ||
(a) The holder of a distiller's and rectifier's permit may sell and | ||
offer for sale distilled spirits for on-premises consumption and a | ||
person may consume distilled spirits on the permitted premises | ||
during the same hours mixed beverages may be sold and offered for | ||
sale by a mixed beverage permit holder under Section 105.03(b). | ||
(b) The holder of a distiller's and rectifier's permit may | ||
sell, offer for sale, and deliver distilled spirits to ultimate | ||
consumers for off-premises consumption during the same hours as the | ||
holder of a package store permit may sell, offer for sale, or | ||
deliver distilled spirits to ultimate consumers for off-premises | ||
consumption. | ||
SECTION 5. Section 183.001(b)(1), Tax Code, is amended to | ||
read as follows: | ||
(1) "Permittee" means a mixed beverage permittee, a | ||
private club registration permittee, a private club exemption | ||
certificate permittee, a private club late hours permittee, a daily | ||
temporary private club permittee, a private club registration | ||
permittee holding a food and beverage certificate, a daily | ||
temporary mixed beverage permittee, a mixed beverage late hours | ||
permittee, a mixed beverage permittee holding a food and beverage | ||
certificate, [ |
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rectifier's permittee. | ||
SECTION 6. Sections 14.01(c) and 14.04(g), Alcoholic | ||
Beverage Code, are repealed. | ||
SECTION 7. This Act takes effect September 1, 2013. |