Bill Text: TX SB1655 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the sampling of distilled spirits provided by the manufacturer to a retailer of distilled spirits.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2019-04-23 - Left pending in committee [SB1655 Detail]
Download: Texas-2019-SB1655-Introduced.html
86R8635 JAM-F | ||
By: Hancock, Schwertner | S.B. No. 1655 |
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relating to the sampling of distilled spirits provided by the | ||
manufacturer to a retailer of distilled spirits. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 14, Alcoholic Beverage Code, is amended | ||
by adding Section 14.07 to read as follows: | ||
Sec. 14.07. RETAILER SAMPLING. (a) Subject to this section | ||
and notwithstanding any other provision of this code, the holder of | ||
a distiller's and rectifier's permit or the agent or employee of the | ||
holder of a distiller's and rectifier's permit may: | ||
(1) provide a sample of distilled spirits to the | ||
holder of a retail permit authorizing the sale of distilled spirits | ||
or an agent or employee of the holder of the retail permit; or | ||
(2) conduct a distilled spirits product tasting on the | ||
retailer's premises, including opening, touching, or pouring | ||
distilled spirits, for the holder of the retail permit or an agent | ||
or employee of the holder of the retail permit. | ||
(b) The holder of the distiller's and rectifier's permit or | ||
the agent or employee of the holder of the distiller's and | ||
rectifier's permit may make a presentation or answer questions at a | ||
distilled spirits tasting conducted under Subsection (a). | ||
(c) The holder of a retail permit authorizing the sale of | ||
distilled spirits or an agent or employee of the permit holder may | ||
not sample or taste a distilled spirit provided under this section | ||
on the permitted retail premises unless the holder of the | ||
distiller's and rectifier's permit is present. | ||
(d) The distilled spirits provided as a sample or at a | ||
tasting under Subsection (a): | ||
(1) must be manufactured by the holder of the | ||
distiller's and rectifier's permit; | ||
(2) may not be of a brand previously purchased by the | ||
holder of the retailer's permit; | ||
(3) must be limited to 750 milliliters of each brand | ||
provided as a sample or at a tasting; and | ||
(4) must meet all labeling requirements of this code. | ||
(e) Distilled spirits may legally be transported by the | ||
holder of the distiller's and rectifier's permit or the permit | ||
holder's agent or employee to a retail premises for the purpose of | ||
providing a sample or conducting a tasting under this section. | ||
SECTION 2. Section 15.01, Alcoholic Beverage Code, is | ||
amended to read as follows: | ||
Sec. 15.01. AUTHORIZED ACTIVITIES. The holder of a | ||
distiller's agent's permit may: | ||
(1) represent the holder of a distiller's and | ||
rectifier's permit; | ||
(2) solicit and take orders from a holder of a | ||
wholesaler's permit for the sale of distilled spirits manufactured | ||
by the permit holder represented by the agent; [ |
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(3) conduct free distilled spirits tastings for | ||
consumers on the premises of the holder of a package store permit; | ||
and | ||
(4) provide samples or conduct tastings of distilled | ||
spirits on a retailer's premises in accordance with Section 14.07. | ||
SECTION 3. Sections 22.10 and 22.11, Alcoholic Beverage | ||
Code, are amended to read as follows: | ||
Sec. 22.10. OPENING CONTAINERS PROHIBITED. Except as | ||
authorized under Section 14.07, 37.01(b-1), or 52.01 [ |
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beer or possess an opened container of liquor or beer on the | ||
premises of a package store. | ||
Sec. 22.11. CONSUMPTION ON PREMISES PROHIBITED. Except as | ||
authorized under Section 14.07, 37.01(b-1), or 52.01, no person may | ||
sell, barter, exchange, deliver, or give away any drink or drinks of | ||
alcoholic beverages from a container that has been opened or broken | ||
on the premises of a package store. | ||
SECTION 4. Sections 28.06(a) and (c), Alcoholic Beverage | ||
Code, are amended to read as follows: | ||
(a) Except as provided by Sections 14.07 and 37.01(b-1), no | ||
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employee of a holder, may possess or permit to be possessed on the | ||
premises for which the permit is issued any alcoholic beverage | ||
which is not covered by an invoice from the supplier from whom the | ||
alcoholic beverage was purchased. | ||
(c) Except as provided by Sections 14.07 and 37.01(b-1), no | ||
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employee of a holder, may knowingly possess or permit to be | ||
possessed on the licensed premises any alcoholic beverage which is | ||
not covered by an invoice from the supplier from whom the alcoholic | ||
beverage was purchased. | ||
SECTION 5. Section 28.15(a), Alcoholic Beverage Code, is | ||
amended to read as follows: | ||
(a) Except as provided by Sections 14.07 and 37.01(b-1), a | ||
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possess on the premises 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. | ||
SECTION 6. Section 32.15, Alcoholic Beverage Code, is | ||
amended to read as follows: | ||
Sec. 32.15. REMOVAL OF BEVERAGES FROM PREMISES. A private | ||
club, irrespective of location or system of storage of alcoholic | ||
beverages, may not permit any person to remove any alcoholic | ||
beverages from the club premises, except as authorized by | ||
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unused inventory the person brought onto the premises under Section | ||
14.07 or 37.01(b-1) [ |
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SECTION 7. Section 32.20(a), Alcoholic Beverage Code, is | ||
amended to read as follows: | ||
(a) Except as provided by Sections 14.07 and 37.01(b-1), a | ||
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person to possess on the premises 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. | ||
SECTION 8. Section 36.01, Alcoholic Beverage Code, is | ||
amended to read as follows: | ||
Sec. 36.01. AUTHORIZED ACTIVITIES. The holder of a | ||
manufacturer's agent's permit may: | ||
(1) represent only the holders of nonresident seller's | ||
permits; [ |
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(2) solicit and take orders for the sale of liquor from | ||
permittees authorized to import liquor for the purpose of resale; | ||
and | ||
(3) if the agent represents the holder of a | ||
nonresident seller's permit who owns a distillery outside of the | ||
state, provide samples or conduct tastings of distilled spirits on | ||
a retailer's premises as authorized by Section 37.01(b-1). | ||
SECTION 9. Section 37.01, Alcoholic Beverage Code, is | ||
amended by adding Subsection (b-1) and amending Subsection (c) to | ||
read as follows: | ||
(b-1) The holder of a nonresident seller's permit who owns a | ||
distillery outside of the state or an agent or employee of the | ||
permit holder may provide samples or conduct tastings of the kinds | ||
of distilled spirits the permit holder is authorized to produce in | ||
the manner authorized by Section 14.07 for the holder of a | ||
distiller's and rectifier's permit or the agent or employee of the | ||
holder of a distiller's and rectifier's permit. | ||
(c) Any alcoholic beverages used in a sampling event under | ||
Subsection (b) [ |
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on whose premises the sampling event is held. Subsection | ||
(b) [ |
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seller's permit or manufacturer's agent's permit to withdraw or | ||
purchase alcoholic beverages from the holder of a wholesaler's | ||
permit or provide alcoholic beverages for a sampling event on a | ||
retailer's premises that is not purchased from the retailer. The | ||
amount of alcoholic beverages purchased from the retailer may not | ||
exceed the amount of alcoholic beverages used in the sampling | ||
event. | ||
SECTION 10. This Act takes effect September 1, 2019. |