Bill Text: TX HB3089 | 2017-2018 | 85th Legislature | Comm Sub
Bill Title: Relating to the designation of a common area for on-premise consumption by a holder of certain alcoholic beverage permits and licenses.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-05-11 - Placed on General State Calendar [HB3089 Detail]
Download: Texas-2017-HB3089-Comm_Sub.html
| 85R23667 JAM-F | |||
| By: Morrison | H.B. No. 3089 | ||
| Substitute the following for H.B. No. 3089: | |||
| By: Kuempel | C.S.H.B. No. 3089 | ||
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| relating to the designation of a common area for on-premise | ||
| consumption by a holder of certain alcoholic beverage permits and | ||
| licenses. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subtitle C, Title 3, Alcoholic Beverage Code, is | ||
| amended by adding Chapter 82 to read as follows: | ||
| CHAPTER 82. COMMON TASTING AREA FOR MEMBERS OF MANUFACTURING TIER | ||
| Sec. 82.001. APPLICABILITY. This chapter applies only to a | ||
| person: | ||
| (1) who holds more than one type of permit or license | ||
| issued under Chapter 12, 14, 16, or 62; and | ||
| (2) two or more of whose permitted or licensed | ||
| premises are located at the same address or at contiguous addresses | ||
| that are under common ownership. | ||
| Sec. 82.002. DESIGNATION OF COMMON AREA. (a) | ||
| Notwithstanding any other law, a person to whom this chapter | ||
| applies may designate a common area where an alcoholic beverage may | ||
| be transferred from any of the permitted or licensed premises | ||
| located at the same address or a contiguous address under common | ||
| ownership and sold, dispensed, or sampled for on-premise | ||
| consumption under the same terms and conditions that apply to | ||
| selling, dispensing, or sampling that alcoholic beverage for | ||
| on-premise consumption at the transferring permitted or licensed | ||
| premises. | ||
| (b) The designated common area described by Subsection (a) | ||
| must be located: | ||
| (1) on one of the permitted or licensed premises that | ||
| are at the same address or at contiguous addresses under common | ||
| ownership; or | ||
| (2) at the same address or at one of the contiguous | ||
| addresses under common ownership, but separately from any permitted | ||
| or licensed premises at the address. | ||
| Sec. 82.003. TRANSFER FROM INVENTORY; EXCISE TAX. (a) | ||
| Alcoholic beverages transferred from the inventory of a permit or | ||
| license into a designated common area described by Section 82.002 | ||
| must be removed from the inventory of the permit or license. The | ||
| transfer must be documented by an invoice or statement showing the | ||
| transfer date, quantity, container size, package, type, and brand | ||
| label. | ||
| (b) Alcoholic beverages transferred to the designated | ||
| common area are subject to excise tax and must be reported on the | ||
| appropriate monthly excise tax report filed with the commission for | ||
| the permit or license making the transfer. | ||
| (c) On a monthly basis, unopened excess inventory may be | ||
| transferred from the designated common area described by Section | ||
| 82.002 back into the inventory of the permit or license from which | ||
| it was originally transferred. The transfer back to the inventory | ||
| of the originating permit or license must be documented by an | ||
| invoice or statement showing the transfer date, quantity, container | ||
| size, package, type, and brand label. The transfer of alcoholic | ||
| beverages from the common area back to the inventory of the | ||
| originating permit or license must be shown as a receipt on the | ||
| appropriate monthly excise tax report filed with the commission by | ||
| the permit or license. | ||
| Sec. 82.004. SEPARATE RECORDS. Recordkeeping for the | ||
| designated common area described by Section 82.002 must be kept | ||
| separate for each permit or license held at the same address or at a | ||
| contiguous address under common ownership. | ||
| Sec. 82.005. SUSPENSION OR CANCELLATION OF PERMIT OR | ||
| LICENSE. If an act that is grounds for the suspension or | ||
| cancellation of a permit or license occurs at a common tasting area | ||
| authorized by this chapter: | ||
| (1) the permit or license to which the act may be | ||
| attributed may be suspended or revoked in the same manner as if the | ||
| act occurred on the premises for which the license or permit was | ||
| issued; or | ||
| (2) all permits and licenses operating at the common | ||
| tasting area may be suspended or revoked if the act cannot be | ||
| attributed to a specific permit or license. | ||
| Sec. 82.006. RULES. The commission may adopt rules | ||
| necessary to implement this chapter, including rules establishing a | ||
| procedure for designating a common area under Section 82.002. | ||
| SECTION 2. This Act takes effect immediately if it receives | ||
| a vote of two-thirds of all the members elected to each house, as | ||
| provided by Section 39, Article III, Texas Constitution. If this | ||
| Act does not receive the vote necessary for immediate effect, this | ||
| Act takes effect September 1, 2017. | ||
