Bill Text: TX SB1932 | 2023-2024 | 88th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Introduced.html
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-Introduced.html
88R8400 SCP-D | ||
By: Creighton | S.B. No. 1932 |
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relating to authorizing secondary wine sales; requiring a | ||
registration; authorizing an administrative penalty; authorizing a | ||
fee and a tax. | ||
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) "Registered wine collector" means the holder of a | ||
collector's registration number issued by the commission under this | ||
chapter. | ||
Sec. 111.002. COLLECTOR'S REGISTRATION. (a) A person may | ||
be registered as a wine collector under this chapter only if the | ||
person: | ||
(1) passes a basic background check; | ||
(2) pays a fee established by the commission in | ||
accordance with Section 5.50; and | ||
(3) fulfills any other requirement prescribed by | ||
commission rule. | ||
(b) The commission shall issue a unique wine collector's | ||
registration number to each registered wine collector. | ||
Sec. 111.003. AUTHORIZED ACTIVITIES. A registered wine | ||
collector may sell to a permitted restaurant wine that is: | ||
(1) lawfully owned by the collector; | ||
(2) in an original container sealed by the | ||
manufacturer; and | ||
(3) manufactured not less than 20 years before the | ||
date the collector sells the wine to a permitted restaurant. | ||
Sec. 111.004. PURCHASE BY RESTAURANT; SALE TO CONSUMER. A | ||
permitted restaurant may purchase wine from a registered wine | ||
collector and sell that wine to an ultimate consumer for | ||
on-premises consumption in accordance with the permit held by the | ||
permitted restaurant. | ||
Sec. 111.005. 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 and registration number of the registered | ||
wine collector who sold the wine to the permitted restaurant; | ||
(2) a description of the wine; | ||
(3) details of the transaction between the registered | ||
wine collector and the permitted restaurant; and | ||
(4) 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. 111.006. TAX. A permitted restaurant shall pay a tax | ||
of $1.00 for each container of wine purchased by the restaurant | ||
under this chapter. The permitted restaurant shall remit the tax | ||
imposed under this section in the same manner as a tax imposed on | ||
liquor 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. |