| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to prohibiting the possession or consumption of alcoholic |
|
|
beverages on the premises of certain sexually oriented businesses; |
|
|
creating a criminal offense; providing a criminal penalty. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. The heading to Chapter 105, Alcoholic Beverage |
|
|
Code, is amended to read as follows: |
|
|
CHAPTER 105. [HOURS OF] SALE AND CONSUMPTION OF ALCOHOLIC |
|
|
BEVERAGES; HOURS AND OTHER RESTRICTIONS |
|
|
SECTION 2. Chapter 105, Alcoholic Beverage Code, is amended |
|
|
by adding Section 105.092 to read as follows: |
|
|
Sec. 105.092. CONSUMPTION AT CERTAIN SEXUALLY ORIENTED |
|
|
BUSINESSES PROHIBITED. (a) In this section: |
|
|
(1) "Nude" means: |
|
|
(A) entirely unclothed; or |
|
|
(B) clothed in a manner that leaves uncovered or |
|
|
visible through less than fully opaque clothing any portion of the |
|
|
breasts below the top of the areola of the breasts, if the person is |
|
|
female, or any portion of the genitals or buttocks. |
|
|
(2) "Sexually oriented business" means a nightclub, |
|
|
bar, restaurant, or similar commercial enterprise that provides for |
|
|
an audience of two or more individuals live nude entertainment or |
|
|
live nude performances. |
|
|
(b) A person who operates a sexually oriented business that |
|
|
does not hold a permit or license under this code may not allow a |
|
|
person to: |
|
|
(1) consume alcoholic beverages on the business's |
|
|
premises; or |
|
|
(2) bring alcoholic beverages onto or possess |
|
|
alcoholic beverages on the business's premises for the purpose of |
|
|
consumption by the person on the premises. |
|
|
(c) A person described by Subsection (b) or that person's |
|
|
agent commits an offense if the person or that person's agent allows |
|
|
a person to: |
|
|
(1) consume alcoholic beverages on the business's |
|
|
premises; or |
|
|
(2) bring alcoholic beverages onto or possess |
|
|
alcoholic beverages on the business's premises for the purpose of |
|
|
consumption by the person on the premises. |
|
|
(d) A first offense under this section is a Class A |
|
|
misdemeanor. |
|
|
(e) If it is shown on the trial of an offense under this |
|
|
section that the person has previously been finally convicted of |
|
|
one offense under this section, on conviction the person shall be |
|
|
punished for a state jail felony. |
|
|
(f) If it is shown on the trial of an offense under this |
|
|
section that the person has previously been finally convicted of |
|
|
two or more offenses under this section, on conviction the person |
|
|
shall be punished for a third degree felony. |
|
|
SECTION 3. This Act takes effect September 1, 2023. |