Bill Text: TX HB3541 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to the sale and distribution of certain alcoholic beverages.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-03-20 - Referred to Licensing & Administrative Procedures [HB3541 Detail]
Download: Texas-2013-HB3541-Introduced.html
83R6384 JAM-F | ||
By: Menendez | H.B. No. 3541 |
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relating to the sale and distribution of certain alcoholic | ||
beverages. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 19.03, Alcoholic Beverage Code, is | ||
amended to read as follows: | ||
Sec. 19.03. PROMOTIONAL ACTIVITIES. The holder of a | ||
wholesaler's permit or the permit holder's [ |
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licensed premises of a mixed beverage permittee or private club | ||
registration permittee to determine the brands offered for sale and | ||
suggest or promote the sale of other brands, to the extent | ||
authorized by Section 102.07 [ |
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holder's [ |
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beverage permittee or a private club registration permittee | ||
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SECTION 2. Section 19.04, Alcoholic Beverage Code, is | ||
amended to read as follows: | ||
Sec. 19.04. MINIATURE CONTAINERS. In addition to other | ||
authorized containers, a wholesaler's permittee may import, sell, | ||
offer for sale, and possess for the purpose of resale distilled | ||
spirits, wine, and vinous liquors in containers of not less than one | ||
ounce nor more than two ounces. Liquor in containers of that size | ||
may be sold to: | ||
(1) package store permittees for resale to airline | ||
beverage permittees, as provided in Section 34.05 [ |
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(2) local distributor's permittees; and | ||
(3) airline beverage permittees. | ||
SECTION 3. Chapter 19, Alcoholic Beverage Code, is amended | ||
by adding Sections 19.06 and 19.07 to read as follows: | ||
Sec. 19.06. SALE OF DISTILLED SPIRITS TO HOLDERS OF MIXED | ||
BEVERAGE, AIRLINE BEVERAGE, AND PRIVATE CLUB REGISTRATION PERMITS. | ||
(a) Notwithstanding any other provision of this code, the holder of | ||
a wholesaler's permit may sell distilled spirits to the holder of a | ||
mixed beverage, airline beverage, or private club registration | ||
permit. | ||
(b) Notwithstanding Section 102.07(a)(5) or any other | ||
provision of this code, the holder of a wholesaler's permit may rent | ||
or sell to the holder of a mixed beverage or private club | ||
registration permit any equipment, fixtures, or supplies used in | ||
the selling or dispensing of distilled spirits. | ||
Sec. 19.07. MAY DELIVER DISTILLED SPIRITS. Notwithstanding | ||
any other provision of this code, the holder of both a wholesaler's | ||
permit and a private carrier permit may transport and deliver | ||
distilled spirits to the premises of a holder of a mixed beverage or | ||
airline beverage permit or the premises of a holder of a private | ||
club registration permit located in an area in which the sale of | ||
distilled spirits is legal at any time at which the wholesaler is | ||
authorized to deliver liquor under Section 105.02. | ||
SECTION 4. Sections 28.07(a) and (b), Alcoholic Beverage | ||
Code, are amended to read as follows: | ||
(a) All distilled spirits sold by a holder of a mixed | ||
beverage permit must be purchased from a holder of a local | ||
distributor's or wholesaler's permit [ |
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(b) A [ |
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distributor's or wholesaler's premises [ |
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permit holder's [ |
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permit holder [ |
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The transporter may acquire the alcoholic beverages only on the | ||
written order of the holder of the mixed beverage permit or | ||
wholesaler's permit. The alcoholic beverages must be accompanied | ||
by a written statement furnished and signed by the local | ||
distributor or wholesaler 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. | ||
SECTION 5. Sections 28.15(b) and (c), Alcoholic Beverage | ||
Code, are amended to read as follows: | ||
(b) A holder of a local distributor's or wholesaler's permit | ||
may not knowingly sell, ship, or deliver distilled spirits in any | ||
container that does not bear a serially numbered identification | ||
stamp issued by the commission or other identification approved by | ||
the commission. | ||
(c) Identification stamps may be issued only to a holder of | ||
a local distributor's or wholesaler's permit who shall affix the | ||
stamps as prescribed by the commission or administrator. | ||
SECTION 6. Section 30.04, Alcoholic Beverage Code, is | ||
amended to read as follows: | ||
Sec. 30.04. PURCHASE OF DISTILLED SPIRITS. Distilled | ||
spirits sold under a daily temporary mixed beverage permit must be | ||
purchased from the holder of a local distributor's or wholesaler's | ||
permit. | ||
SECTION 7. Sections 32.08(a) and (b), Alcoholic Beverage | ||
Code, are amended to read as follows: | ||
(a) All distilled spirits, wine, and vinous liquor sold or | ||
served by a club holding a private club registration permit must be | ||
purchased in this state from a holder of a local distributor's or | ||
wholesaler's permit. | ||
(b) If the club holding the permit [ |
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cartage permit, the club may transport the alcoholic beverages from | ||
a local distributor's premises or a wholesaler's premises to the | ||
club premises. The transporter may acquire the alcoholic beverages | ||
only on the written order of an officer or manager of the club | ||
holding the permit or the holder of the wholesaler's permit. The | ||
alcoholic beverages must be accompanied by a written statement | ||
furnished and signed by the local distributor or wholesaler 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. | ||
SECTION 8. Sections 32.20(b) and (c), Alcoholic Beverage | ||
Code, are amended to read as follows: | ||
(b) A holder of a local distributor's or wholesaler's permit | ||
may not knowingly sell, ship, or deliver distilled spirits in any | ||
container that does not bear a serially numbered identification | ||
stamp issued by the commission or other identification approved by | ||
the commission. | ||
(c) Identification stamps may be issued only to a holder of | ||
a local distributor's or wholesaler's permit who shall affix the | ||
stamps as prescribed by the commission or administrator. | ||
SECTION 9. Section 33.24, Alcoholic Beverage Code, is | ||
amended to read as follows: | ||
Sec. 33.24. PURCHASE OF DISTILLED SPIRITS. Distilled | ||
spirits sold under a daily temporary private club permit must be | ||
purchased from the holder of a local distributor's or wholesaler's | ||
permit. | ||
SECTION 10. Section 34.05, Alcoholic Beverage Code, is | ||
amended to read as follows: | ||
Sec. 34.05. SALE OF LIQUOR TO PERMITTEE. (a) Only the | ||
holder of a package store or wholesaler's permit may sell liquor to | ||
the holder of an airline beverage permit. For the purposes of this | ||
code, a sale of liquor to a holder of an airline beverage permit | ||
shall be considered as a sale at retail to a consumer. | ||
(b) The holder of a package store or wholesaler's permit may | ||
sell liquor in any size container authorized by Section 101.46 [ |
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package store or wholesaler's permit[ |
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any size container for resale from the holders of a wholesaler's | ||
permit. A holder of a wholesaler's permit may import, sell, offer | ||
for sale, or possess for resale to package store or wholesaler's | ||
permittees to resell to holders of airline beverage permittees | ||
liquor in any authorized size containers. | ||
SECTION 11. Section 102.04(b), Alcoholic Beverage Code, is | ||
amended to read as follows: | ||
(b) Except as permitted in Sections 19.06 and [ |
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23.01 [ |
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(1) have a direct or indirect interest in the | ||
business, premises, equipment, or fixtures of a mixed beverage | ||
establishment; | ||
(2) furnish or lend any money, service, or other thing | ||
of value to a mixed beverage permittee or guarantee the fulfillment | ||
of a financial obligation of a mixed beverage permittee; | ||
(3) enter or offer to enter into an agreement, | ||
condition, or system which in effect amounts to the shipment and | ||
delivery of alcoholic beverages on consignment; | ||
(4) furnish, rent, lend, or sell to a mixed beverage | ||
permittee any equipment, fixtures, or supplies used in the selling | ||
or dispensing of alcoholic beverages; | ||
(5) pay or make an allowance to a mixed beverage | ||
permittee for a special advertising or distributing service, or | ||
allow the permittee an excessive discount; | ||
(6) offer to a mixed beverage permittee a prize, | ||
premium, or other inducement, except as permitted by Section | ||
102.07(b) [ |
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(7) advertise in the convention program or sponsor a | ||
function at a meeting or convention or a trade association of | ||
holders of mixed beverage permits, unless the trade association was | ||
incorporated before 1950. | ||
SECTION 12. Section 201.02, Alcoholic Beverage Code, is | ||
amended to read as follows: | ||
Sec. 201.02. "FIRST SALE" DEFINED. In this subchapter, | ||
"first sale": | ||
(1) as applied to liquor imported into this state by | ||
the holder of a wholesaler's permit authorizing importation, means | ||
the first actual sale by the permittee to the holder of any other | ||
permit authorizing the retail sale of the beverage, including the | ||
holder of a private club registration permit, or to the holder of a | ||
local distributor's permit; and | ||
(2) as applied to all other liquor, means the first | ||
sale, possession, distribution, or use in this state, except that | ||
the term does not include the first sale by the holder of a winery | ||
permit to another holder of a winery permit or the holder of a | ||
wholesaler's permit. | ||
SECTION 13. Sections 28.07(c) and 32.08(c), Alcoholic | ||
Beverage Code, are repealed. | ||
SECTION 14. The change in law made by this Act applies only | ||
to conduct that occurs on or after the effective date of this Act. | ||
Conduct that occurs before the effective date of this Act is | ||
governed by the law applicable to the conduct immediately before | ||
the effective date of this Act, and that law is continued in effect | ||
for that purpose. | ||
SECTION 15. This Act takes effect September 1, 2013. |