Bill Text: TX HB2152 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the delivery of alcoholic beverages from the premises of a mixed beverage permittee.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Introduced - Dead) 2019-03-06 - Referred to Licensing & Administrative Procedures [HB2152 Detail]
Download: Texas-2019-HB2152-Introduced.html
86R9509 JAM-D | ||
By: Kuempel | H.B. No. 2152 |
|
||
|
||
relating to the delivery of alcoholic beverages from the premises | ||
of a mixed beverage permittee. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 28.10(a), Alcoholic Beverage Code, is | ||
amended to read as follows: | ||
(a) Except as provided by this section or Sections [ |
||
28.01(b) and 28.1001, a mixed beverage permittee may not sell an | ||
alcoholic beverage to another mixed beverage permittee or to any | ||
other person except for consumption on the seller's licensed | ||
premises. | ||
SECTION 2. Chapter 28, Alcoholic Beverage Code, is amended | ||
by adding Section 28.1001 to read as follows: | ||
Sec. 28.1001. OFF-PREMISES DELIVERY OF ALCOHOLIC | ||
BEVERAGES. (a) Notwithstanding any other provision of this code, | ||
the holder of a mixed beverage permit may deliver, or have delivered | ||
by a third party, 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 delivered sealed in an | ||
original, single-serving container; and | ||
(4) the delivery is not made to: | ||
(A) a premises that is permitted or licensed | ||
under this code; or | ||
(B) a location where the possession or | ||
consumption of alcohol is prohibited by law. | ||
(b) An alcoholic beverage may be delivered under this | ||
section only by a person who is 21 years of age or older. | ||
(c) An alcoholic beverage may be delivered under this | ||
section only to a person who is 21 years of age or older after the | ||
person accepting the delivery: | ||
(1) presents valid proof of identity and age; and | ||
(2) personally signs a receipt acknowledging the | ||
delivery. | ||
(d) An alcoholic beverage may not be delivered under this | ||
section to any person other than: | ||
(1) the person who purchased the beverage; | ||
(2) a recipient designated in advance by the | ||
purchaser; or | ||
(3) a person at the delivery address who is 21 years of | ||
age or older. | ||
SECTION 3. This Act takes effect September 1, 2019. |