Bill Text: TX HB2291 | 2017-2018 | 85th Legislature | Introduced

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Bill Title: Relating to the direct shipment of certain alcoholic beverages to ultimate consumers; authorizing a fee; creating a criminal offense.

Sponsorship: Partisan Bill (Republican 2)

Status: (Introduced - Dead) 2017-05-01 - Left pending in committee [HB2291 Detail]

Download: Texas-2017-HB2291-Introduced.html

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85R10120 BEE-D
By: Rinaldi H.B. No. 2291

A BILL TO BE ENTITLED
AN ACT
relating to the direct shipment of certain alcoholic beverages to
ultimate consumers; authorizing a fee; creating a criminal offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 11.61(b), Alcoholic Beverage Code, is
amended to read as follows:
(b) The commission or administrator may suspend for not more
than 60 days or cancel an original or renewal permit if it is found,
after notice and hearing, that any of the following is true:
(1) the permittee has been finally convicted of a
violation of this code;
(2) the permittee violated a provision of this code or
a rule of the commission;
(3) the permittee was finally convicted of a felony
while holding an original or renewal permit;
(4) the permittee made a false or misleading statement
in connection with the permittee's [his] original or renewal
application, either in the formal application itself or in any
other written instrument relating to the application submitted to
the commission, its officers, or employees;
(5) the permittee is indebted to the state for taxes,
fees, or payment of penalties imposed by this code, by a rule of the
commission, or by Chapter 183, Tax Code;
(6) the permittee is not of good moral character or the
permittee's [his] reputation for being a peaceable and law-abiding
citizen in the community where the permittee [he] resides is bad;
(7) the place or manner in which the permittee
conducts the permittee's [his] business warrants the cancellation
or suspension of the permit based on the general welfare, health,
peace, morals, and safety of the people and on the public sense of
decency;
(8) the permittee is not maintaining an acceptable
bond;
(9) the permittee maintains a noisy, lewd, disorderly,
or unsanitary establishment or has supplied impure or otherwise
deleterious beverages;
(10) the permittee is insolvent or mentally or
physically unable to carry on the management of the permittee's
[his] establishment;
(11) the permittee is in the habit of using alcoholic
beverages to excess;
(12) the permittee knowingly misrepresented to a
customer or the public any liquor sold by the permittee [him];
(13) the permittee was intoxicated on the licensed
premises;
(14) the permittee sold or delivered an alcoholic
beverage to an intoxicated person;
(15) the permittee possessed on the licensed premises
an alcoholic beverage that the permittee [he] was not authorized by
the permittee's [his] permit to purchase and sell;
(16) except as authorized by this code or other law, a
package store or wine only package store permittee transported or
shipped liquor, or caused it to be transported or shipped, into a
dry state or a dry area within this state;
(17) the permittee is residentially domiciled with a
person who has a financial interest in an establishment engaged in
the business of selling beer at retail, other than a mixed beverage
establishment, except as authorized by Section 22.06, 24.05, or
102.05 [of this code];
(18) the permittee is residentially domiciled with a
person whose permit or license was cancelled for cause within the
12-month period preceding the permittee's [his] own application;
(19) the permittee is not a citizen of the United
States or has not been a citizen of Texas for a period of one year
immediately preceding the filing of the permittee's [his]
application, unless the permittee [he] was issued an original or
renewal permit on or before September 1, 1948, and has been a United
States citizen at some time;
(20) the permittee permitted a person to open a
container of alcoholic beverage or possess an open container of
alcoholic beverage on the licensed premises unless a mixed beverage
permit has been issued for the premises;
(21) the permittee failed to promptly report to the
commission a breach of the peace occurring on the permittee's
licensed premises;
(22) the permittee consumed an alcoholic beverage or
permitted one to be consumed on the licensed premises at a time when
the consumption of alcoholic beverages is prohibited by this code;
or
(23) the permittee sold, served, or delivered an
alcoholic beverage at a time when its sale is prohibited.
SECTION 2. Chapter 12, Alcoholic Beverage Code, is amended
by adding Section 12.07 to read as follows:
Sec. 12.07. DIRECT SHIPMENT TO CONSUMERS. (a) The holder
of a brewer's permit who is authorized to sell ale and malt liquor
to an ultimate consumer for on-site consumption under Section
12.052 may sell through an Internet website ale and malt liquor
produced or bottled by the permit holder and ship the ale and malt
liquor to the ultimate consumer, including ultimate consumers
located in dry areas. Delivery must be by the holder of a carrier
permit.
(b) All ale or malt liquor shipped to an ultimate consumer
by the holder of a brewer's permit must be in a package that is
clearly and conspicuously labeled showing that:
(1) the package contains ale or malt liquor; and
(2) the package may be delivered only to a person
described in Subsection (c).
(c) Ale or malt liquor shipped by the holder of a brewer's
permit may not be delivered to any person other than:
(1) the person who purchased the ale or malt liquor;
(2) a recipient designated in advance by such
purchaser; or
(3) a person at the delivery address who is 21 years of
age or older.
(d) Ale or malt liquor may be delivered only to a person who
is 21 years of age or older after the person accepting the package:
(1) presents valid proof of identity and age; and
(2) personally signs a receipt acknowledging delivery
of the package.
(e) The holder of a brewer's permit may not:
(1) sell or ship ale or malt liquor to a minor; or
(2) deliver ale or malt liquor to a consumer using a
carrier that does not hold a carrier's permit under this code.
SECTION 3. Section 16.09(e), Alcoholic Beverage Code, is
amended to read as follows:
(e) The holder of a winery permit may not:
(1) sell or ship wine to a minor; or
(2) deliver wine to a consumer using a carrier that
does not hold a carrier's permit under this code[; or
[(3) deliver to the same consumer in this state more
than nine gallons of wine within any calendar month or more than 36
gallons of wine within any 12-month period].
SECTION 4. Chapter 22, Alcoholic Beverage Code, is amended
by adding Section 22.18 to read as follows:
Sec. 22.18. DIRECT SHIPMENT TO CONSUMERS. (a) The holder
of a package store permit may sell through an Internet website malt
liquor, ale, and wine and ship the malt liquor, ale, and wine to the
ultimate consumer, including ultimate consumers located in dry
areas. Delivery must be by the holder of a carrier permit.
(b) All alcoholic beverages shipped to an ultimate consumer
under this section by the holder of a package store permit must be
in a package that is clearly and conspicuously labeled showing
that:
(1) the package contains an alcoholic beverage; and
(2) the package may be delivered only to a person
described in Subsection (c).
(c) Alcoholic beverages shipped under this section by the
holder of a package store permit may not be delivered to any person
other than:
(1) the person who purchased the alcoholic beverage;
(2) a recipient designated in advance by such
purchaser; or
(3) a person at the delivery address who is 21 years of
age or older.
(d) Alcoholic beverages may be delivered under this section
only to a person who is 21 years of age or older after the person
accepting the package:
(1) presents valid proof of identity and age; and
(2) personally signs a receipt acknowledging delivery
of the package.
(e) The holder of a package store permit may not:
(1) sell or ship alcoholic beverages to a minor; or
(2) deliver alcoholic beverages to a consumer under
this section using a carrier that does not hold a carrier's permit
under this code.
SECTION 5. Chapter 24, Alcoholic Beverage Code, is amended
by adding Section 24.13 to read as follows:
Sec. 24.13. DIRECT SHIPMENT TO CONSUMERS. (a) The holder
of a wine only package store permit may sell through an Internet
website ale, wine, and vinous liquors and ship the ale, wine, and
vinous liquors to the ultimate consumer, including ultimate
consumers located in dry areas. Delivery must be by the holder of a
carrier permit.
(b) All alcoholic beverages shipped to an ultimate consumer
under this section by the holder of a wine only package store permit
must be in a package that is clearly and conspicuously labeled
showing that:
(1) the package contains an alcoholic beverage; and
(2) the package may be delivered only to a person
described in Subsection (c).
(c) Alcoholic beverages shipped under this section by the
holder of a wine only package store permit may not be delivered to
any person other than:
(1) the person who purchased the alcoholic beverages;
(2) a recipient designated in advance by such
purchaser; or
(3) a person at the delivery address who is 21 years of
age or older.
(d) Alcoholic beverages may be delivered under this section
only to a person who is 21 years of age or older after the person
accepting the package:
(1) presents valid proof of identity and age; and
(2) personally signs a receipt acknowledging delivery
of the package.
(e) The holder of a wine only package store permit may not:
(1) sell or ship alcoholic beverages to a minor; or
(2) deliver alcoholic beverages to a consumer under
this section using a carrier that does not hold a carrier's permit
under this code.
SECTION 6. Chapter 25, Alcoholic Beverage Code, is amended
by adding Section 25.15 to read as follows:
Sec. 25.15. DIRECT SHIPMENT TO CONSUMERS. (a) The holder
of a wine and beer retailer's permit may sell through an Internet
website wine, beer, and malt liquors containing alcohol in excess
of one-half of one percent by volume and not more than 17 percent by
volume and ship those beverages to the ultimate consumer, including
ultimate consumers located in dry areas. Delivery must be by the
holder of a carrier permit.
(b) All alcoholic beverages shipped to an ultimate consumer
under this section by the holder of a wine and beer retailer's
permit must be in a package that is clearly and conspicuously
labeled showing that:
(1) the package contains an alcoholic beverage; and
(2) the package may be delivered only to a person
described in Subsection (c).
(c) Alcoholic beverages shipped under this section by the
holder of a wine and beer retailer's permit may not be delivered to
any person other than:
(1) the person who purchased the alcoholic beverages;
(2) a recipient designated in advance by such
purchaser; or
(3) a person at the delivery address who is 21 years of
age or older.
(d) Alcoholic beverages may be delivered under this section
only to a person who is 21 years of age or older after the person
accepting the package:
(1) presents valid proof of identity and age; and
(2) personally signs a receipt acknowledging delivery
of the package.
(e) The holder of a wine and beer retailer's permit may not:
(1) sell or ship alcoholic beverages to a minor; or
(2) deliver alcoholic beverages to a consumer under
this section using a carrier that does not hold a carrier's permit
under this code.
SECTION 7. Chapter 26, Alcoholic Beverage Code, is amended
by adding Section 26.09 to read as follows:
Sec. 26.09. DIRECT SHIPMENT TO CONSUMERS. (a) The holder
of a wine and beer retailer's off-premise permit may sell through an
Internet website wine, beer, and malt liquors containing alcohol in
excess of one-half of one percent by volume and not more than 17
percent by volume and ship those beverages to the ultimate
consumer, including ultimate consumers located in dry areas.
Delivery must be by the holder of a carrier permit.
(b) All alcoholic beverages shipped to an ultimate consumer
under this section by the holder of a wine and beer retailer's
off-premise permit must be in a package that is clearly and
conspicuously labeled showing that:
(1) the package contains an alcoholic beverage; and
(2) the package may be delivered only to a person
described in Subsection (c).
(c) Alcoholic beverages shipped under this section by the
holder of a wine and beer retailer's off-premise permit may not be
delivered to any person other than:
(1) the person who purchased the alcoholic beverages;
(2) a recipient designated in advance by such
purchaser; or
(3) a person at the delivery address who is 21 years of
age or older.
(d) Alcoholic beverages may be delivered under this section
only to a person who is 21 years of age or older after the person
accepting the package:
(1) presents valid proof of identity and age; and
(2) personally signs a receipt acknowledging delivery
of the package.
(e) The holder of a wine and beer retailer's off-premise
permit may not:
(1) sell or ship alcoholic beverages to a minor; or
(2) deliver alcoholic beverages to a consumer under
this section using a carrier that does not hold a carrier's permit
under this code.
SECTION 8. Chapter 54, Alcoholic Beverage Code, is amended
to read as follows:
CHAPTER 54. OUT-OF-STATE MANUFACTURER [WINERY] DIRECT SHIPPER'S
PERMIT
Sec. 54.01. AUTHORIZED ACTIVITIES. The holder of an
out-of-state manufacturer [winery] direct shipper's permit may
sell and deliver ale, malt liquor, wine, and beer that is produced
or bottled by the permittee to an ultimate consumer located in the
State of Texas. Delivery must be by the holder of a carrier permit.
Sec. 54.02. PROHIBITED ACTIVITIES. The holder of an
out-of-state manufacturer [winery] direct shipper's permit may
not:
(1) sell or ship ale, malt liquor, wine, and beer to a
minor; or
(2) deliver ale, malt liquor, wine, and beer to a
consumer using a carrier that does not hold a carrier's permit under
this code[;
[(3) deliver to the same consumer in this state more
than nine gallons of wine within any calendar month or more than 36
gallons of wine within any 12-month period; or
[(4) sell to ultimate consumers more than 35,000
gallons of wine annually].
Sec. 54.03. QUALIFICATIONS FOR PERMIT. An out-of-state
manufacturer [winery] direct shipper's permit may only be issued to
a person who:
(1) does not hold a [winery] permit or license
authorizing the production or bottling of alcoholic beverages in
the State of Texas;
(2) operates a facility for the production or bottling
of alcoholic beverages [winery] located in the United States and
holds all state and federal permits necessary to operate the
facility [winery, including the federal winemaker's and blender's
basic permit];
(3) is authorized by another state to sell ale, malt
liquor, wine, and beer to an ultimate consumer;
(4) [(3)] holds a Texas sales tax permit;
(5) [(4)] expressly submits to personal jurisdiction
in Texas state and federal courts and expressly submits to venue in
Travis County, Texas, as proper venue for any proceedings that may
be initiated by or against the commission; and
(6) [(5)] does not directly or indirectly have any
financial interest in a Texas wholesaler or retailer as those terms
are used in Section 102.01.
Sec. 54.04. PERMIT FEE. The commission shall set the annual
state fee for an out-of-state manufacturer [winery] direct
shipper's permit in an amount necessary to cover the cost of issuing
the permit and administering this chapter [is $75].
Sec. 54.05. IDENTIFICATION REQUIREMENTS. (a) All
alcoholic beverages [wine] sold or shipped by the holder of an
out-of-state manufacturer [winery] direct shipper's permit must be
in a package that is clearly and conspicuously labeled showing
that:
(1) the package contains an alcoholic beverage [wine];
and
(2) the package may only be delivered to a person
described in Subsection (b).
(b) An alcoholic beverage [Wine] sold or shipped by a holder
of an out-of-state manufacturer [winery] direct shipper's permit
may not be delivered to any person other than:
(1) the person who purchased the alcoholic beverage
[wine];
(2) a recipient designated in advance by such
purchaser; or
(3) a person at the delivery address who is [age] 21
years of age or older [over].
(c) An alcoholic beverage [Wine] may be delivered only to a
person who is [age] 21 years of age or older [over] after the person
accepting the package:
(1) presents valid proof of identity and age; and
(2) personally signs a receipt acknowledging delivery
of the package.
Sec. 54.06. REPORTS AND RECORDKEEPING. (a) The holder of
an out-of-state manufacturer [winery] direct shipper's permit
shall maintain records of all sales and deliveries made under the
permit.
(b) The holder of an out-of-state manufacturer [winery]
direct shipper's permit shall maintain complete sales and delivery
records for all sales and deliveries made under the permit for at
least five years from the date of sale. These records shall be made
available upon request for inspection by the commission or any
other appropriate state agency.
(c) The commission shall establish rules requiring the
holder of an out-of-state manufacturer [winery] direct shipper's
permit to periodically file reports providing the commission with
such information as the commission may determine is needed to more
efficiently and effectively enforce the state laws applicable to
the permit holder.
Sec. 54.07. LIABILITY FOR AND PAYMENT OF TAXES. (a) Sales
made by the holder of an out-of-state manufacturer [winery] direct
shipper's permit shall be deemed to have been made in the State of
Texas for delivery in the State of Texas.
(b) The holder of an out-of-state manufacturer [winery]
direct shipper's permit shall be responsible for paying the
following state taxes related to sales and deliveries made under
this chapter:
(1) excise taxes on the alcoholic beverages [wine]
sold, payable at the same rate and in the same manner as if the
permittee were a Texas brewery, winery, beer manufacturer, or
brewpub located in Texas; and
(2) state sales and use taxes all payable at the same
rate and in the same manner as if the permittee were a Texas
brewery, winery, beer manufacturer, or brewpub located in Texas.
(c) An ultimate consumer who purchases an alcoholic
beverage [wine] from the holder of an out-of-state manufacturer
[winery] direct shipper's permit under this chapter shall be
considered to be purchasing the alcoholic beverage [wine] from a
Texas permittee or licensee and shall not be charged the
administrative fee for personal imports set forth in Section
107.07.
Sec. 54.08. RESALE PROHIBITED. A consumer purchasing an
alcoholic beverage [wine] from the holder of an out-of-state
manufacturer [winery] direct shipper's permit may not resell the
alcoholic beverage [wine], and any such alcoholic beverage [wine]
that is resold is an illicit beverage as defined in Section 1.04(4).
Sec. 54.09. DELIVERY AREAS. An alcoholic beverage [Wine]
shipped under this chapter may be delivered to persons located in a
dry area.
Sec. 54.10. [WINE] LABEL APPROVAL NOT REQUIRED. If the
holder of an out-of-state manufacturer [winery] direct shipper's
permit has satisfied all federal label approval requirements for a
particular brand of alcoholic beverage [wine], then no further
label approval shall be required by the commission.
Sec. 54.11. RULES. The commission shall adopt rules and
forms necessary to implement this chapter.
Sec. 54.12. PENALTY FOR SHIPPING WITHOUT A PERMIT. Any
person who does not hold an out-of-state manufacturer [winery]
direct shipper's permit who sells and ships alcohol from outside of
Texas to an ultimate consumer in Texas commits on first offense a
Class B misdemeanor, on second offense a Class A misdemeanor, and on
third offense a state jail felony.
SECTION 9. Subtitle A, Title 3, Alcoholic Beverage Code, is
amended by adding Chapter 54A to read as follows:
CHAPTER 54A. OUT-OF-STATE RETAILER DIRECT SHIPPER'S PERMIT
Sec. 54A.01. AUTHORIZED ACTIVITIES. The holder of an
out-of-state retailer direct shipper's permit may sell and deliver
to an ultimate consumer located in the State of Texas any alcoholic
beverage the permit holder is authorized by another state to sell to
an ultimate consumer for off-premise consumption. Delivery must be
by the holder of a carrier permit.
Sec. 54A.02. PROHIBITED ACTIVITIES. The holder of an
out-of-state retailer direct shipper's permit may not:
(1) sell or ship an alcoholic beverage to a minor; or
(2) deliver an alcoholic beverage to a consumer using
a carrier that does not hold a carrier's permit under this code.
Sec. 54A.03. QUALIFICATIONS FOR PERMIT. An out-of-state
retailer direct shipper's permit may only be issued to a person who:
(1) is not authorized to manufacture or bottle
alcoholic beverages by any state;
(2) is authorized by any other state to sell alcoholic
beverages to an ultimate consumer for off-premise consumption;
(3) holds a Texas sales tax permit;
(4) expressly submits to personal jurisdiction in
Texas state and federal courts and expressly submits to venue in
Travis County, Texas, as proper venue for any proceedings that may
be initiated by or against the commission; and
(5) does not directly or indirectly have any financial
interest in a Texas wholesaler or retailer as those terms are used
in Section 102.01.
Sec. 54A.04. PERMIT FEE. The commission shall set the
annual state fee for an out-of-state retailer direct shipper's
permit in an amount necessary to cover the cost of issuing the
permit and administering this chapter.
Sec. 54A.05. IDENTIFICATION REQUIREMENTS. (a) All
alcoholic beverages sold or shipped by the holder of an
out-of-state retailer direct shipper's permit must be in a package
that is clearly and conspicuously labeled showing that:
(1) the package contains an alcoholic beverage; and
(2) the package may only be delivered to a person
described in Subsection (b).
(b) An alcoholic beverage sold or shipped by a holder of an
out-of-state retailer direct shipper's permit may not be delivered
to any person other than:
(1) the person who purchased the alcoholic beverage;
(2) a recipient designated in advance by such
purchaser; or
(3) a person at the delivery address who is 21 years of
age or older.
(c) An alcoholic beverage may be delivered only to a person
who is 21 years of age or older after the person accepting the
package:
(1) presents valid proof of identity and age; and
(2) personally signs a receipt acknowledging delivery
of the package.
Sec. 54A.06. REPORTS AND RECORDKEEPING. (a) The holder of
an out-of-state retailer direct shipper's permit shall maintain
records of all sales and deliveries made under the permit.
(b) The holder of an out-of-state retailer direct shipper's
permit shall maintain complete sales and delivery records for all
sales and deliveries made under the permit for at least five years
from the date of sale. These records shall be made available upon
request for inspection by the commission or any other appropriate
state agency.
(c) The commission shall establish rules requiring the
holder of an out-of-state retailer direct shipper's permit to
periodically file reports providing the commission with such
information as the commission may determine is needed to more
efficiently and effectively enforce the state laws applicable to
the permittee.
Sec. 54A.07. LIABILITY FOR AND PAYMENT OF TAXES. (a) Sales
made by the holder of an out-of-state retailer direct shipper's
permit shall be deemed to have been made in the State of Texas for
delivery in the State of Texas.
(b) The holder of an out-of-state retailer direct shipper's
permit shall be responsible for paying the following state taxes
related to sales and deliveries made under this chapter:
(1) excise taxes on the alcoholic beverages sold,
payable at the same rate and in the same manner as if the permittee
were the holder of a permit issued under Chapter 22, 24, 25, or 26 or
a license issued under Chapter 69 or 71; and
(2) state sales and use taxes all payable at the same
rate and in the same manner as if the permittee were the holder of a
permit issued under Chapter 22, 24, 25, or 26 or a license issued
under Chapter 69 or 71.
(c) An ultimate consumer who purchases an alcoholic
beverage from the holder of an out-of-state retailer direct
shipper's permit under this chapter shall be considered to be
purchasing the alcoholic beverage from a Texas permittee or
licensee and shall not be charged the administrative fee for
personal imports set forth in Section 107.07.
Sec. 54A.08. RESALE PROHIBITED. A consumer purchasing an
alcoholic beverage from the holder of an out-of-state retailer
direct shipper's permit may not resell the alcoholic beverage, and
any such alcoholic beverage that is resold is an illicit beverage as
defined in Section 1.04(4).
Sec. 54A.09. DELIVERY AREAS. An alcoholic beverage shipped
under this chapter may be delivered to persons located in a dry
area.
Sec. 54A.10. LABEL APPROVAL NOT REQUIRED. If the alcoholic
beverage shipped by the holder of an out-of-state retailer direct
shipper's permit has satisfied all federal label approval
requirements for a particular brand of alcoholic beverage, then no
further label approval shall be required by the commission.
Sec. 54A.11. RULES. The commission shall adopt rules and
forms necessary to implement this chapter.
Sec. 54A.12. PENALTY FOR SHIPPING WITHOUT A PERMIT. Any
person who does not hold an out-of-state retailer direct shipper's
permit who sells and ships alcohol from outside of Texas to an
ultimate consumer in Texas commits on first offense a Class B
misdemeanor, on second offense a Class A misdemeanor, and on third
offense a state jail felony.
SECTION 10. Chapter 62, Alcoholic Beverage Code, is amended
by adding Section 62.15 to read as follows:
Sec. 62.15. DIRECT SHIPMENT TO CONSUMERS. (a) The holder
of a manufacturer's license who is authorized to sell beer to an
ultimate consumer for on-site consumption under Section 62.122 may
sell through an Internet website beer produced, bottled, or canned
by the license holder and ship the beer to the ultimate consumer,
including ultimate consumers located in dry areas. Delivery must
be by the holder of a carrier permit.
(b) All beer shipped to an ultimate consumer by the holder
of a manufacturer's license must be in a package that is clearly and
conspicuously labeled showing that:
(1) the package contains beer; and
(2) the package may be delivered only to a person
described in Subsection (c).
(c) Beer shipped by the holder of a manufacturer's license
may not be delivered to any person other than:
(1) the person who purchased the beer;
(2) a recipient designated in advance by such
purchaser; or
(3) a person at the delivery address who is 21 years of
age or older.
(d) Beer may be delivered only to a person who is 21 years of
age or older after the person accepting the package:
(1) presents valid proof of identity and age; and
(2) personally signs a receipt acknowledging delivery
of the package.
(e) The holder of a manufacturer's license may not:
(1) sell or ship beer to a minor; or
(2) deliver beer to a consumer using a carrier that
does not hold a carrier's permit under this code.
SECTION 11. Chapter 69, Alcoholic Beverage Code, is amended
by adding Section 69.18 to read as follows:
Sec. 69.18. DIRECT SHIPMENT TO CONSUMERS. (a) The holder
of a retail dealer's on-premise license may sell through an
Internet website beer and ship the beer to the ultimate consumer,
including ultimate consumers located in dry areas. Delivery must
be by the holder of a carrier permit.
(b) All beer shipped to an ultimate consumer under this
section by the holder of a retail dealer's on-premise license must
be in a package that is clearly and conspicuously labeled showing
that:
(1) the package contains an alcoholic beverage; and
(2) the package may be delivered only to a person
described in Subsection (c).
(c) Beer shipped under this section by the holder of a
retail dealer's on-premise license may not be delivered to any
person other than:
(1) the person who purchased the beer;
(2) a recipient designated in advance by such
purchaser; or
(3) a person at the delivery address who is 21 years of
age or older.
(d) Beer may be delivered under this section only to a
person who is 21 years of age or older after the person accepting
the package:
(1) presents valid proof of identity and age; and
(2) personally signs a receipt acknowledging delivery
of the package.
(e) The holder of a retail dealer's on-premise license may
not:
(1) sell or ship beer to a minor; or
(2) deliver beer to a consumer under this section
using a carrier that does not hold a carrier's permit under this
code.
SECTION 12. Chapter 71, Alcoholic Beverage Code, is amended
by adding Section 71.12 to read as follows:
Sec. 71.12. DIRECT SHIPMENT TO CONSUMERS. (a) The holder
of a retail dealer's off-premise license may sell through an
Internet website beer and ship the beer to the ultimate consumer,
including ultimate consumers located in dry areas. Delivery must
be by the holder of a carrier permit.
(b) All beer shipped to an ultimate consumer under this
section by the holder of a retail dealer's off-premise license must
be in a package that is clearly and conspicuously labeled showing
that:
(1) the package contains an alcoholic beverage; and
(2) the package may be delivered only to a person
described in Subsection (c).
(c) Beer shipped under this section by the holder of a
retail dealer's off-premise license may not be delivered to any
person other than:
(1) the person who purchased the beer;
(2) a recipient designated in advance by such
purchaser; or
(3) a person at the delivery address who is 21 years of
age or older.
(d) Beer may be delivered under this section only to a
person who is 21 years of age or older after the person accepting
the package:
(1) presents valid proof of identity and age; and
(2) personally signs a receipt acknowledging delivery
of the package.
(e) The holder of a retail dealer's off-premise license may
not:
(1) sell or ship beer to a minor; or
(2) deliver beer to a consumer under this section
using a carrier that does not hold a carrier's permit under this
code.
SECTION 13. Chapter 74, Alcoholic Beverage Code, is amended
by adding Section 74.12 to read as follows:
Sec. 74.12. DIRECT SHIPMENT TO CONSUMERS. (a) The holder
of a brewpub license may sell through an Internet website malt
liquor, ale, and beer produced, bottled, or canned by the license
holder and ship the malt liquor, ale, and beer to the ultimate
consumer, including ultimate consumers located in dry areas.
Delivery must be by the holder of a carrier permit.
(b) All malt liquor, ale, or beer shipped to an ultimate
consumer by the holder of a brewpub license must be in a package
that is clearly and conspicuously labeled showing that:
(1) the package contains malt liquor, ale, or beer;
and
(2) the package may be delivered only to a person
described in Subsection (c).
(c) Malt liquor, ale, or beer shipped by the holder of a
brewpub license may not be delivered to any person other than:
(1) the person who purchased the malt liquor, ale, or
beer;
(2) a recipient designated in advance by such
purchaser; or
(3) a person at the delivery address who is 21 years of
age or older.
(d) Malt liquor, ale, or beer may be delivered only to a
person who is 21 years of age or older after the person accepting
the package:
(1) presents valid proof of identity and age; and
(2) personally signs a receipt acknowledging delivery
of the package.
(e) The holder of a brewpub license may not:
(1) sell or ship malt liquor, ale, or beer to a minor;
or
(2) deliver malt liquor, ale, or beer to a consumer
using a carrier that does not hold a carrier's permit under this
code.
SECTION 14. Section 101.46(c), Alcoholic Beverage Code, is
amended to read as follows:
(c) Subsection (a) of this section does not apply to liquor
imported under Section 107.07 or sold and delivered to an ultimate
consumer by the holder of an out-of-state manufacturer direct
shipper's permit or out-of-state retailer direct shipper's permit
[of this code].
SECTION 15. Section 107.05(b), Alcoholic Beverage Code, is
amended to read as follows:
(b) This section does not apply to the transportation of
liquor into the state as authorized by Chapter 54 or 54A or Section
107.07 [of this code].
SECTION 16. Section 107.06(c), Alcoholic Beverage Code, is
amended to read as follows:
(c) This section does not apply to the importation or
transportation of military beer consigned to a military
installation or to the importation or direct shipment of beer as
authorized under Chapter 54 or 54A or Section 107.07 [of this code].
SECTION 17. Section 107.07(f), Alcoholic Beverage Code, is
amended to read as follows:
(f) Except as provided by Chapter 54 or 54A, any person in
the business of selling alcoholic beverages in another state or
country who ships or causes to be shipped any alcoholic beverage
directly to any Texas resident under this section is in violation of
this code.
SECTION 18. Section 201.41, Alcoholic Beverage Code, is
amended to read as follows:
Sec. 201.41. FIRST SALE. In this subchapter, "first sale"
means:
(1) the first actual sale of ale or malt liquor by:
(A) the holder of a wholesaler's, general class B
wholesaler's, or local class B wholesaler's permit to:
(i) a permittee authorized to sell to
ultimate consumers;
(ii) a local distributor permittee; or
(iii) a private club registration
permittee; [or]
(B) a brewpub licensee to a consumer, including a
sale under Section 74.12, or a permittee or licensee authorized to
sell ale or malt liquor to ultimate consumers; or
(C) a holder of a brewer's permit to an ultimate
consumer under Section 12.07;
(2) the importation of ale or malt liquor under
Section 107.07; or
(3) the sale of ale or malt liquor by a holder of an
out-of-state manufacturer direct shipper's permit or out-of-state
retailer direct shipper's permit to an ultimate consumer in this
state.
SECTION 19. Section 203.02, Alcoholic Beverage Code, is
amended to read as follows:
Sec. 203.02. "FIRST SALE". In this chapter, "first sale"
means:
(1) the first actual sale of beer by:
(A) [by] the holder of a distributor's license or
[by] the holder of a manufacturer's self-distribution license
[acting under the authority of Section 62.12], to:
(i) a permittee or licensee authorized to
sell to ultimate consumers;
(ii) a local distributor permittee; or
(iii) a private club registration
permittee; [or]
(B) [by] a brewpub licensee to a consumer,
including a sale under Section 74.12, or a permittee or licensee
authorized to sell beer to ultimate consumers; or
(C) a holder of a manufacturer's license to an
ultimate consumer under Section 62.15;
(2) the importation of beer under Section 107.07; or
(3) the sale of beer by a holder of an out-of-state
manufacturer direct shipper's permit or an out-of-state retailer
direct shipper's permit to an ultimate consumer in this state.
SECTION 20. This Act takes effect September 1, 2017.