Bill Text: TX HB3344 | 2017-2018 | 85th Legislature | Introduced


Bill Title: Relating to creating a temporary charitable festival permit for the sale of alcoholic beverages by certain charitable organizations; providing a penalty.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2017-04-03 - Referred to Licensing & Administrative Procedures [HB3344 Detail]

Download: Texas-2017-HB3344-Introduced.html
  85R10923 MCK-D
 
  By: Isaac H.B. No. 3344
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to creating a temporary charitable festival permit for the
  sale of alcoholic beverages by certain charitable organizations;
  providing a penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle A, Title 3, Alcoholic Beverage Code, is
  amended by adding Chapter 56 to read as follows:
  CHAPTER 56. TEMPORARY CHARITABLE FESTIVAL PERMIT
         Sec. 56.001.  AUTHORIZED ACTIVITIES. The holder of a
  temporary charitable festival permit may sell alcoholic beverages
  for on-premises consumption to raise money to support charitable
  works of the permit holder at a festival, including by holding an
  event for which an admission fee is charged. The permit holder may
  sell alcoholic beverages for off-premises consumption at an auction
  that is part of the festival.
         Sec. 56.002.  FEE. A fee may not be charged for an
  application for or issuance of a temporary charitable festival
  permit.
         Sec. 56.003.  DURATION OF PERMIT. A temporary charitable
  festival permit may be issued for a period of not more than seven
  days.
         Sec. 56.004.  ELIGIBILITY. The commission may issue a
  temporary charitable festival permit only to an organization that
  is exempt from taxation under Section 501(a), Internal Revenue Code
  of 1986, by being listed under Section 501(c)(3), Internal Revenue
  Code of 1986.
         Sec. 56.005.  FESTIVAL LOCATION; NOTICE. (a) The holder of
  a temporary charitable festival permit may conduct a festival event
  in any area where the sale of the type of alcoholic beverage to be
  sold and its on- or off-premises consumption, as appropriate, is
  authorized by a local option election.
         (b)  A festival may be held under the permit at multiple
  locations on the same day and at the same time.
         (c)  The holder of a temporary charitable festival permit may
  hold a festival at a premises of another permit or license holder
  if:
               (1)  the alcoholic beverages to be sold are kept
  separate from the alcoholic beverages sold, stored, or served at
  the premises; and
               (2)  the alcoholic beverages used during the festival,
  whether sold as part of an auction or unsold, are removed from the
  premises immediately following the festival.
         (d)  Before the holder of a temporary charitable festival
  permit offers alcoholic beverages for sale at a festival under this
  chapter, the permit holder must, in accordance with any rules
  adopted or procedures established by the commission, notify the
  commission of the date on which and location where the permit holder
  will hold a festival.
         Sec. 56.006.  SOURCE OF ALCOHOL. (a) The holder of a
  temporary charitable festival permit may purchase alcoholic
  beverages from any retailer for resale and any retailer may sell
  alcoholic beverages to the permit holder for resale.
         (b)  The holder of a temporary charitable festival permit may
  sell alcoholic beverages donated by any person, including a
  manufacturer, wholesaler, or retailer licensed or permitted under
  this code.
         Sec. 56.007.  RULES. (a) The commission shall adopt rules
  governing the issuance and use of a temporary charitable festival
  permit.
         (b)  The commission shall adopt rules establishing penalties
  for the violation of rules adopted under this chapter. A penalty
  established by the commission under this subsection may not exceed
  a penalty that the commission may impose on the holder of another
  temporary license or permit.
         SECTION 2.  This Act takes effect September 1, 2017.
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