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.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2013-04-16 - Left pending in committee [HB2807 Detail]
Download: Texas-2013-HB2807-Introduced.html
| By: Geren | H.B. No. 2807 | |
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| 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. | ||
