Bill Text: TX SB1832 | 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) 2017-03-23 - Referred to Business & Commerce [SB1832 Detail]
Download: Texas-2017-SB1832-Introduced.html
85R10923 MCK-D | ||
By: Buckingham | S.B. No. 1832 |
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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. |