Bill Text: TX HB2807 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to the purchase of alcoholic beverages by mixed beverage and private club permittees from local distributors.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-04-16 - Left pending in committee [HB2807 Detail]
Download: Texas-2013-HB2807-Introduced.html
By: Geren | H.B. No. 2807 |
|
||
|
||
relating to the purchase of alcoholic beverages by mixed beverage | ||
and private club permittees from local distributors. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 23.04, Alcoholic Beverage Code, is | ||
amended to read as follows: | ||
Sec. 23.04. MAY TRANSFER BEVERAGES. If the holder of a | ||
local distributor's permit also holds a local cartage permit, he | ||
may transfer alcoholic beverages: | ||
(1) to any place where the sale of alcoholic beverages | ||
is legal in the city or county where his premises are located and in | ||
an adjoining county; and | ||
(2) to a regional airport located all or partly in an | ||
adjoining county if the airport is governed by a board, commission, | ||
or authority, some of whose members reside in the county where the | ||
local distributor's premises are located. | ||
SECTION 2. Section 28.07, Alcoholic Beverage Code, is | ||
amended to read as follows: | ||
Sec. 28.07. PURCHASE AND TRANSPORTATION OF ALCOHOLIC | ||
BEVERAGES. (a) All distilled spirits sold by a holder of a mixed | ||
beverage permit must be purchased from a holder of a local | ||
distributor's permit in the county in which the premises of a mixed | ||
beverage permittee is located or in an adjoining county. | ||
(b) If a holder of a mixed beverage permit is in a county | ||
where there are no local distributors, he may purchase alcoholic | ||
beverages in an adjoining county or the nearest county where local | ||
distributors are located and may transport them to his premises | ||
provided that he is also a holder of a beverage cartage permit. The | ||
transporter may acquire the alcoholic beverages only on the written | ||
order of the holder of the mixed beverage permit. The alcoholic | ||
beverages must be accompanied by a written statement furnished and | ||
signed by the local distributor showing the name and address of the | ||
consignee and consignor, the origin and destination of the | ||
shipment, and any other information required by the commission or | ||
administrator. The person in charge of the alcoholic beverages | ||
while they are being transported shall exhibit the written | ||
statement to any representative of the commission or any peace | ||
officer on demand, and the statement shall be accepted by the | ||
representative or officer as prima facie evidence of the lawful | ||
right to transport the alcoholic beverages. | ||
(c) If a mixed beverage permittee holds a beverage cartage | ||
permit and his premises are located in a regional airport governed | ||
by a board, commission, or authority composed of members from two or | ||
more counties, and there is no local distributor at the airport, the | ||
mixed beverage permittee may purchase alcoholic beverages from any | ||
local distributor in a trade area served by the airport and | ||
transport them to his licensed premises. The transportation of the | ||
beverages must be in accordance with Subsection (b) of this | ||
section. | ||
SECTION 3. Section 32.08, Alcoholic Beverage Code, is | ||
amended to read as follows: | ||
Sec. 32.08. PURCHASE AND TRANSPORTATION OF ALCOHOLIC | ||
BEVERAGES. (a) All distilled spirits sold by a club holding a | ||
private club registration permit must be purchased in this state | ||
from a holder of a local distributor's permit. | ||
(b) A club may purchase distilled spirits from any local | ||
distributor located in the same county as the club or in any | ||
adjoining county. If the club holding the permit is in an area | ||
where there are no local distributors, alcoholic beverages may be | ||
purchased in any area where local distributors are located and may | ||
be transported to the club premises if the club also holds a | ||
beverage cartage permit. The transporter may acquire the alcoholic | ||
beverages only on the written order of an officer or manager of the | ||
club holding the permit. The alcoholic beverages must be | ||
accompanied by a written statement furnished and signed by the | ||
local distributor showing the name and address of the consignee and | ||
consignor, the origin and destination of the shipment, and any | ||
other information required by the commission or administrator. The | ||
person in charge of the alcoholic beverages while they are being | ||
transported shall exhibit the written statement to any | ||
representative of the commission or any peace officer on demand, | ||
and the statement shall be accepted by the representative or | ||
officer as prima facie evidence of the lawful right to transport the | ||
alcoholic beverages. | ||
(c) If a private club registration permittee holds a | ||
beverage cartage permit and his premises are located in a regional | ||
airport governed by a board, commission, or authority composed of | ||
members from two or more counties, and there is no local distributor | ||
at the airport, the private club registration permittee may | ||
purchase alcoholic beverages from any local distributor in a trade | ||
area served by the airport and transport them to his licensed | ||
premises. The transportation of the beverages must be in | ||
accordance with Subsection (b) of this section. | ||
SECTION . This Act takes effect September 1, 2013. |