Bill Text: TX SB1322 | 2023-2024 | 88th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the purchase and sale of vintage distilled spirits by the holder of a package store permit or local distributor's permit.
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Passed) 2023-05-19 - Effective on 9/1/23 [SB1322 Detail]
Download: Texas-2023-SB1322-Comm_Sub.html
Bill Title: Relating to the purchase and sale of vintage distilled spirits by the holder of a package store permit or local distributor's permit.
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Passed) 2023-05-19 - Effective on 9/1/23 [SB1322 Detail]
Download: Texas-2023-SB1322-Comm_Sub.html
By: Menéndez | S.B. No. 1322 | |
(In the Senate - Filed February 28, 2023; March 9, 2023, | ||
read first time and referred to Committee on State Affairs; | ||
April 18, 2023, reported favorably by the following vote: Yeas 8, | ||
Nays 2; April 18, 2023, sent to printer.) | ||
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relating to the purchase and sale of vintage distilled spirits by | ||
the holder of a package store permit or local distributor's permit. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 1.04, Alcoholic Beverage Code, is | ||
amended by adding Subdivisions (30) and (31) to read as follows: | ||
(30) "Vintage distilled spirits" means alcohol, | ||
spirits of wine, whiskey, rum, brandy, gin, or any liquor produced | ||
in whole or in part by the process of distillation, including all | ||
dilutions or mixtures of them, and are: | ||
(A) a bottle or case of bottles of distilled | ||
spirits that: | ||
(1) are in their original manufacturer's | ||
unopened container; | ||
(2) are not owned by the holder of a | ||
distiller's and rectifier's permit or a nonresident seller's | ||
permit; | ||
(3) are not otherwise available for | ||
purchase from or have been offered for sale by the holder of a | ||
wholesaler's permit in this state within the last twelve (12) | ||
months; and | ||
(4) are possessed in this state. | ||
(31) A "vintage distilled spirits seller" means a | ||
non-licensed person at least twenty-one (21) years of age who is: | ||
(A) an administrator, executor, receiver, or | ||
other fiduciary who receives and sells vintage distilled spirits in | ||
execution of the person's fiduciary capacity; | ||
(B) a creditor who receives or takes possession | ||
of vintage distilled spirits as security for, or in payment of, | ||
debt, in whole or in part; | ||
(C) a public officer or court official who levies | ||
on vintage distilled spirits under order or process of any court or | ||
magistrate to sell the vintage distilled spirits in satisfaction of | ||
the order or process; or | ||
(D) any other person who is not a permittee or | ||
licensee, holds no interest in a permittee or licensee, and is not | ||
engaged in the business of selling alcoholic beverages. | ||
SECTION 2. Section 22.01, Alcoholic Beverage Code, is | ||
amended to read as follows: | ||
Sec. 22.01. AUTHORIZED ACTIVITIES. The holder of a | ||
package store permit may: | ||
(1) purchase liquor in this state from the holder of a | ||
winery, wholesaler's, or class B wholesaler's permit; | ||
(2) purchase malt beverages in this state from the | ||
holder of a general or branch distributor's license; | ||
(2-a) purchase vintage distilled spirits from a | ||
vintage distilled spirits seller; | ||
(3) sell liquor and malt beverages in unbroken | ||
original containers on or from the holder's licensed premises at | ||
retail to consumers for off-premises consumption only and not for | ||
the purpose of resale, except that if the permittee is a hotel, the | ||
permittee may deliver unbroken packages of liquor and malt | ||
beverages to bona fide guests of the hotel in their rooms for | ||
consumption in their rooms; | ||
(4) sell vinous liquors in original containers of not | ||
less than six ounces; [ |
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(5) sell liquor to holders of passenger transportation | ||
permits as provided in Section 48.03; and | ||
(6) sell vintage distilled spirits as provided in | ||
Section 22.19. | ||
SECTION 3. Chapter 22, Alcoholic Beverage Code, is amended | ||
by adding Section 22.19 to read as follows: | ||
Sec. 22.19. PURCHASE AND SALE OF VINTAGE DISTILLED SPIRITS. | ||
(a) The holder of a package store permit may purchase vintage | ||
distilled spirits from a vintage distilled spirits seller. | ||
(b) A vintage distilled spirits seller may sell no more than | ||
twenty-four (24) vintage distilled spirits bottles or containers in | ||
any given twelve (12) month period to each premises of the holder of | ||
a package store permit. | ||
(c) Prior to selling vintage distilled spirits purchased | ||
from a vintage distilled spirits seller to a consumer, the holder of | ||
a package store permit shall provide notice of its purchase of the | ||
vintage distilled spirits to the commission. The notice shall | ||
contain the following information: | ||
(1) the name, address, state license number, and phone | ||
number of the holder of a package store permit purchasing vintage | ||
distilled spirits; | ||
(2) the name, address, and phone number of the vintage | ||
distilled spirits seller; | ||
(3) the brand name and quantity of bottles or | ||
containers of each vintage distilled spirits purchased; | ||
(4) the date of the purchase; and | ||
(5) the number of bottles or containers that the | ||
package store permittee has previously purchased from the same | ||
vintage distilled spirits seller and the dates of those purchases. | ||
SECTION 4. Section 23.01, Alcoholic Beverage Code, is | ||
amended by adding Subsection (c) to read as follows: | ||
(c) A local distributor's permittee may purchase vintage | ||
distilled spirits from a vintage distilled spirits seller subject | ||
to the same limitations and requirements under Sections 22.19(b) | ||
and (c). A local distributor's permittee may sell and distribute | ||
such vintage distilled spirits to the mixed beverage permittees in | ||
an amount not to exceed six (6) bottles or containers per mixed | ||
beverage permittee premises during any given twelve (12) month | ||
period. | ||
SECTION 5. Subsection (a), Section 28.07, Alcoholic | ||
Beverage Code, is amended to read as follows: | ||
(a) All distilled spirits and vintage 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. | ||
SECTION 6. 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 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: | ||
(A) the holder of a winery permit to another | ||
holder of a winery permit or the holder of a wholesaler's permit; | ||
[ |
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(B) the holder of a distiller's and rectifier's | ||
permit to the holder of a wholesaler's permit; or | ||
(c) a vintage distilled spirits seller to the holder of a | ||
package store permit or a local distributor's permit of vintage | ||
distilled spirits. | ||
SECTION 7. This Act takes effect September 1, 2023. | ||
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