Bill Text: TX SB298 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to the pickup and delivery of alcoholic beverages for off-premises consumption.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2021-03-16 - Left pending in committee [SB298 Detail]
Download: Texas-2021-SB298-Introduced.html
87R6364 JAM-F | ||
By: Hancock | S.B. No. 298 |
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relating to the pickup and delivery of alcoholic beverages for | ||
off-premises consumption. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. The heading to Section 28.1001, Alcoholic | ||
Beverage Code, is amended to read as follows: | ||
Sec. 28.1001. PICKUP AND [ |
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ALCOHOLIC BEVERAGES FOR OFF-PREMISES CONSUMPTION. | ||
SECTION 2. Section 28.1001, Alcoholic Beverage Code, is | ||
amended by amending Subsections (a), (c), and (d) and adding | ||
Subsections (a-1), (a-2), and (e) to read as follows: | ||
(a) In this section: | ||
(1) "Passenger area of a motor vehicle" has the | ||
meaning assigned by Section 49.031, Penal Code. | ||
(2) "Tamper-proof container" means a container that, | ||
once sealed, clearly shows whether it has been opened. The term | ||
includes a closed cup or similar container that is: | ||
(A) placed into a bag that has been sealed with a | ||
zip tie or staple; | ||
(B) sealed with shrink wrap or a similar seal; or | ||
(C) sealed by other methods approved by rule of | ||
the commission. | ||
(a-1) Notwithstanding any other provision of this code, the | ||
holder of a mixed beverage permit may deliver, or have delivered by | ||
a third party, including an independent contractor acting under | ||
Chapter 57, an alcoholic beverage from the permitted premises to an | ||
ultimate consumer located off-premises and in an area where the | ||
sale of the beverage is legal if: | ||
(1) the holder of the mixed beverage permit holds a | ||
food and beverage certificate for the permitted premises; | ||
(2) the delivery of the alcoholic beverage is made as | ||
part of the delivery of food prepared at the permitted premises; | ||
(3) the alcoholic beverage is: | ||
(A) a malt beverage [ |
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delivered in: | ||
(i) an original container sealed by the | ||
manufacturer; or | ||
(ii) a tamper-proof container that is | ||
sealed by the permit holder and clearly labeled with the permit | ||
holder's business name and the words "alcoholic beverage"; or | ||
(B) an alcoholic beverage other than a malt | ||
beverage [ |
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(i) is [ |
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single-serving container sealed by the manufacturer and not larger | ||
than 375 milliliters; or | ||
(ii) the permit holder mixes with other | ||
beverages or garnishes and stores in a tamper-proof container that | ||
is clearly labeled with the permit holder's business name and the | ||
words "alcoholic beverage"; and | ||
(4) the delivery is not made to another [ |
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that is permitted or licensed under this code. | ||
(a-2) Notwithstanding any other provision of this code, the | ||
holder of a mixed beverage permit may allow an ultimate consumer to | ||
pick up an alcoholic beverage described by Subsection (a-1)(3) and | ||
remove the beverage from the permitted premises if: | ||
(1) the holder of the mixed beverage permit holds a | ||
food and beverage certificate for the permitted premises; and | ||
(2) the pickup of the alcoholic beverage is made as | ||
part of the pickup of food prepared at the permitted premises. | ||
(c) An alcoholic beverage picked up or [ |
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under this section may be provided only to a person who is 21 years | ||
of age or older after the person picking up the alcoholic beverage | ||
or accepting the delivery presents valid proof of identity and age | ||
and: | ||
(1) the person picking up the alcoholic beverage or | ||
accepting the delivery personally signs a receipt, which may be | ||
electronic, acknowledging the pickup or delivery; or | ||
(2) the person providing the beverage for pickup or | ||
making the delivery acknowledges the completion of the pickup or | ||
delivery through a software application. | ||
(d) This section does not authorize the holder of a brewpub | ||
license who also holds a wine and malt beverage [ |
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permit to deliver alcoholic beverages directly to ultimate | ||
consumers for off-premise consumption at a location other than the | ||
licensed premises. | ||
(e) A person who picks up or delivers an alcoholic beverage | ||
described by Subsection (a-1)(3)(A)(ii) or (a-1)(3)(B)(ii) may not | ||
transport the alcoholic beverage in the passenger area of a motor | ||
vehicle. | ||
SECTION 3. This Act takes effect September 1, 2021. |