Bill Text: TX HB3067 | 2017-2018 | 85th Legislature | Introduced


Bill Title: Relating to product tastings of alcoholic beverages on certain permitted premises.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2017-04-17 - Left pending in committee [HB3067 Detail]

Download: Texas-2017-HB3067-Introduced.html
  85R8471 JAM-F
 
  By: Kacal H.B. No. 3067
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to product tastings of alcoholic beverages on certain
  permitted premises.
         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.  PRODUCT TASTINGS. (a)  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)  conduct distilled spirits samplings, including
  product tastings of distilled spirits, on the premises of the
  holder of:
                     (A)  a package store permit; 
                     (B)  a mixed beverage permit; or 
                     (C)  a private club registration permit; and
               (2)  open, touch, or pour distilled spirits, make a
  presentation, or answer questions at a distilled spirits sampling
  or product tasting.
         (b)  The distilled spirits used for a distilled spirits
  sampling or product tasting under Subsection (a) may be provided
  from the distiller's and rectifier's permit holder's inventory if:
               (1)  the distilled spirits are legally transported to
  the premises where the sampling or product tasting is to be
  conducted; 
               (2)  the distilled spirits are ordinarily offered for
  sale by the holder of the distiller's and rectifier's permit; 
               (3)  the holder of the distiller's and rectifier's
  permit pays the taxes owed under Chapter 183, Tax Code, on the
  distilled spirits used for the sampling or product tasting; and 
               (4)  except as provided by Subsection (d), the person
  who conducts the sampling or product tasting complies with the
  requirements of Section 52.01 for conducting a product tasting
  under that section.
         (c)  Before an agent or employee of a holder of a distiller's
  and rectifier's permit conducts a distilled spirits sampling or
  product tasting under this section, the holder of the distiller's
  and rectifier's permit or the permit holder's agent or employee
  shall provide to the permit holder for the premises where the
  sampling or product tasting is to be conducted written notice that
  the agent or employee maintains a seller server certificate as
  defined by 16 T.A.C. Section 50.2.
         (d)  To the extent of a conflict between this section and
  Section 52.01, this section controls.
         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; and
               (3)  conduct free distilled spirits tastings for
  consumers on the premises of the holder of a package store permit,
  mixed beverage permit, or private club registration permit.
         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 or 52.01 [of this code], no person
  may break or open a container containing liquor or 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 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 Section 14.07, no [No] holder of a
  mixed beverage permit, nor any officer, agent, or 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 Section 14.07, no [No] holder of a
  mixed beverage permit, nor any officer, agent, or 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 Section 14.07, a [A] mixed
  beverage permittee may not possess or permit a 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 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
  [Subsection (b) of] Section 28.10(b) or for the purpose of removing
  unused inventory the person brought onto the premises under Section
  14.07(b) [28.10 of this code].
         SECTION 7.  Section 32.20(a), Alcoholic Beverage Code, is
  amended to read as follows:
         (a)  Except as provided by Section 14.07, a [A] private club
  registration permittee may not possess or permit a 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.  Sections 52.01(b) and (c), Alcoholic Beverage
  Code, are repealed.
         SECTION 9.  This Act takes effect September 1, 2017.
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