Bill Text: TX SB1932 | 2023-2024 | 88th Legislature | Enrolled
Bill Title: Relating to authorizing secondary wine sales; authorizing an administrative penalty.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2023-06-02 - Effective on 9/1/23 [SB1932 Detail]
Download: Texas-2023-SB1932-Enrolled.html
S.B. No. 1932 |
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relating to authorizing secondary wine sales; authorizing an | ||
administrative penalty. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Title 4, Alcoholic Beverage Code, is amended by | ||
adding Chapter 111 to read as follows: | ||
CHAPTER 111. SECONDARY WINE SALES | ||
Sec. 111.001. DEFINITIONS. In this chapter: | ||
(1) "Permitted restaurant" means a restaurant that | ||
holds: | ||
(A) a mixed beverage permit, a wine and malt | ||
beverage retailer's permit, or a private club registration permit; | ||
and | ||
(B) a food and beverage certificate. | ||
(2) "Wine collection seller" means a person who: | ||
(A) is at least 21 years of age; | ||
(B) does not hold a license or permit under this | ||
code; and | ||
(C) is: | ||
(i) an administrator, executor, receiver, | ||
or other fiduciary who receives and sells wine in execution of the | ||
person's fiduciary capacity; | ||
(ii) a creditor who receives or takes | ||
possession of wine as security for, or in payment of, debt, in whole | ||
or in part; | ||
(iii) a public officer or court official | ||
who levies on wine under order or process of any court or magistrate | ||
to sell the wine in satisfaction of the order or process; or | ||
(iv) any other person who does not hold or | ||
have an interest in a permit or a license or in the business of a | ||
permit or license holder under this code and is not engaged in the | ||
business of selling alcoholic beverages. | ||
Sec. 111.002. AUTHORIZED ACTIVITIES. A wine collection | ||
seller may sell to a permitted restaurant wine that is: | ||
(1) lawfully owned or possessed by the wine collection | ||
seller; | ||
(2) in an original container sealed by the | ||
manufacturer; and | ||
(3) manufactured not less than 20 years before the | ||
date the wine collection seller sells the wine to a permitted | ||
restaurant. | ||
Sec. 111.003. PURCHASE BY RESTAURANT; SALE TO CONSUMER. A | ||
permitted restaurant may purchase wine from a wine collection | ||
seller and sell that wine to an ultimate consumer for on-premises | ||
consumption in accordance with the permit held by the permitted | ||
restaurant. | ||
Sec. 111.004. RECORDS. (a) A permitted restaurant that | ||
purchases wine under this chapter shall maintain a record of each | ||
purchase. A permitted restaurant shall maintain the record until | ||
the second anniversary of the date the restaurant sells the wine to | ||
an ultimate consumer. | ||
(b) The record, at a minimum, must include: | ||
(1) the name, address, and phone number of the wine | ||
collection seller who sold the wine to the permitted restaurant; | ||
(2) a description of the wine; | ||
(3) details of the transaction between the wine | ||
collection seller and the permitted restaurant, including the brand | ||
name and quantity of containers purchased by the permitted | ||
restaurant; | ||
(4) the date of the purchase; and | ||
(5) any documents that support the provenance of the | ||
wine. | ||
(c) A permitted restaurant shall make a record of a wine | ||
purchase made under this chapter available upon request to the | ||
ultimate consumer who purchases the wine. The ultimate consumer | ||
may request the records either before or after the sale to the | ||
consumer. The permitted restaurant may redact from the record the | ||
price the restaurant paid for the wine. | ||
(d) The commission shall assess an administrative penalty | ||
in the amount of $500 against a permitted restaurant for each | ||
violation of this section. | ||
Sec. 111.005. TAX. Sales of wine by a wine collection | ||
seller to a permitted restaurant under this chapter are exempt from | ||
the taxes imposed under Subchapter A, Chapter 201. | ||
SECTION 2. As soon as practicable after the effective date | ||
of this Act, the Texas Alcoholic Beverage Commission shall adopt | ||
rules necessary to implement Chapter 111, Alcoholic Beverage Code, | ||
as added by this Act. | ||
SECTION 3. This Act takes effect September 1, 2023. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 1932 passed the Senate on | ||
April 26, 2023, by the following vote: Yeas 24, Nays 6, one | ||
present not voting. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 1932 passed the House on | ||
May 18, 2023, by the following vote: Yeas 132, Nays 10, one | ||
present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |