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A BILL TO BE ENTITLED
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AN ACT
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relating to the sale of distilled spirits at a temporary location by |
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the holder of a distiller's and rectifier's permit. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 14.01(a), Alcoholic Beverage Code, is |
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amended to read as follows: |
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(a) The holder of a distiller's and rectifier's permit may: |
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(1) manufacture distilled spirits; |
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(2) rectify, purify, and refine distilled spirits and |
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wines; |
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(3) mix wines, distilled spirits, or other liquors; |
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(4) bottle, label, and package the permit holder's |
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finished products; |
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(5) sell the finished products in this state to |
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holders of wholesaler's permits and to qualified persons outside |
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the state; |
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(6) purchase distilled spirits, to be used only for |
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manufacturing or rectification purposes, from holders of |
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nonresident seller's permits or distiller's and rectifier's |
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permits; |
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(7) dispense free distilled spirits for consumption on |
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the permitted premises under Section 14.04; |
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(8) sell bulk alcohol produced by the permit holder |
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for purposes described by Section 38.01; and |
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(9) sell distilled spirits to ultimate consumers under |
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Section 14.04, [or] 14.05, or 14.09. |
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SECTION 2. Chapter 14, Alcoholic Beverage Code, is amended |
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by adding Section 14.09 to read as follows: |
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Sec. 14.09. SALES AT TEMPORARY LOCATION. (a) The holder of |
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a distiller's and rectifier's permit may sell distilled spirits at a |
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civic or distilled spirits festival, farmers' market, celebration, |
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or similar event. |
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(b) The holder of a distiller's and rectifier's permit may |
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not offer distilled spirits for sale under this section on more than |
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four consecutive days at the same location. |
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(c) The commission shall adopt rules to implement this |
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section, including rules that: |
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(1) require the permit holder to notify the commission |
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of the dates on which and location where the permit holder will |
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temporarily offer distilled spirits for sale under this section; |
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(2) establish a procedure to verify the wet or dry |
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status of the location where the permit holder intends to |
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temporarily sell distilled spirits under this section; |
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(3) detail the circumstances when a permit holder may |
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temporarily sell distilled spirits under this section with just a |
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notification to the commission and the circumstances that require |
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the commission's preapproval before a permit holder may temporarily |
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sell distilled spirits under this section; and |
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(4) require the permit holder to provide any other |
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information the commission determines necessary. |
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(d) The provisions of this code applicable to the sale of |
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distilled spirits on the permitted premises of the holder of a |
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distiller's and rectifier's permit apply to the sale of distilled |
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spirits under this section. |
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SECTION 3. This Act takes effect September 1, 2023. |