| |
| |
| |
|
|
AN ACT
|
|
|
relating to the sampling of malt beverages on the premises of |
|
|
certain manufacturers and retailers. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 12.01, Alcoholic Beverage Code, is |
|
|
amended to read as follows: |
|
|
Sec. 12.01. AUTHORIZED ACTIVITIES. (a) The holder of a |
|
|
brewer's permit may: |
|
|
(1) manufacture, bottle, package, and label malt |
|
|
liquor; |
|
|
(2) import ale and malt liquor acquired from a holder |
|
|
of a nonresident brewer's permit; |
|
|
(3) sell the ale and malt liquor only to wholesale |
|
|
permit holders in this state or to qualified persons outside the |
|
|
state; [and] |
|
|
(4) dispense ale and malt liquor for consumption on |
|
|
the premises; and |
|
|
(5) conduct samplings of ale or malt liquor, including |
|
|
tastings, at a retailer's premises. |
|
|
(b) An agent or employee of the holder of a brewer's permit |
|
|
may open, touch, or pour ale or malt liquor, make a presentation, or |
|
|
answer questions at a sampling event. |
|
|
SECTION 2. The heading to Section 24.12, Alcoholic Beverage |
|
|
Code, is amended to read as follows: |
|
|
Sec. 24.12. WINE AND ALE SAMPLING. |
|
|
SECTION 3. Sections 24.12(a), (b), (d), and (e), Alcoholic |
|
|
Beverage Code, are amended to read as follows: |
|
|
(a) The holder of a wine only package store permit may |
|
|
conduct free product samplings of wine or ale on the permit holder's |
|
|
premises during regular business hours as provided by this section. |
|
|
(b) An agent or employee of the holder of a wine only package |
|
|
store permit may open, touch, or pour wine or ale, make a |
|
|
presentation, or answer questions at a [wine] sampling event. |
|
|
(d) Any wine or ale used in a [wine] sampling event under |
|
|
this section must be purchased from or provided by the retailer on |
|
|
whose premises the [wine] sampling event is held. |
|
|
(e) When a [wine] sampling event under this section is held |
|
|
on the premises of a wine only package store permit located in an |
|
|
area which is wet for the sale of wine but which is not wet for the |
|
|
sale of higher alcohol content wines that may be sold under an |
|
|
unrestricted wine only package store permit, the only wines that |
|
|
may be sampled are wines which may be legally sold by the wine only |
|
|
package store permittee as restricted under Section 251.81. |
|
|
SECTION 4. Section 26.01(b), Alcoholic Beverage Code, is |
|
|
amended to read as follows: |
|
|
(b) The holder of a wine and beer retailer's off-premise |
|
|
permit may conduct free product samplings of wine, beer, and malt |
|
|
liquor containing alcohol in excess of one-half of one percent by |
|
|
volume but not more than 17 percent by volume on the permit holder's |
|
|
premises during regular business hours as provided by Section |
|
|
26.08. |
|
|
SECTION 5. The heading to Section 26.08, Alcoholic Beverage |
|
|
Code, is amended to read as follows: |
|
|
Sec. 26.08. [WINE] SAMPLING EVENT. |
|
|
SECTION 6. Sections 26.08(a) and (c), Alcoholic Beverage |
|
|
Code, are amended to read as follows: |
|
|
(a) An employee of the holder of a wine and beer retailer's |
|
|
off-premise permit may open, touch, or pour wine, beer, or malt |
|
|
liquor, make a presentation, or answer questions at a [wine] |
|
|
sampling event. |
|
|
(c) Any wine, beer, or malt liquor used in a [wine] sampling |
|
|
event under this section must be purchased from or provided by the |
|
|
retailer on whose premises the [wine] sampling event is held. This |
|
|
section does not authorize the holder of a wine and beer retailer's |
|
|
off-premise permit to withdraw or purchase alcoholic beverages |
|
|
[wine] from the holder of a wholesaler's permit or a distributor's |
|
|
license or provide alcoholic beverages [wine] for a sampling on a |
|
|
retailer's premises that is not purchased from the retailer. The |
|
|
amount of alcoholic beverages [wine] purchased from the retailer |
|
|
may not exceed the amount of alcoholic beverages [wine] used in the |
|
|
sampling event. |
|
|
SECTION 7. Sections 37.01(b) and (c), Alcoholic Beverage |
|
|
Code, are amended to read as follows: |
|
|
(b) The holder of a nonresident seller's permit who owns a |
|
|
winery or brewery outside of the state may conduct [wine] samplings |
|
|
of the kinds of alcoholic beverages the permit holder is authorized |
|
|
to produce, including [wine] tastings, at a retailer's premises. |
|
|
An employee of the winery or brewery may open, touch, or pour the |
|
|
alcoholic beverages [wine], make a presentation, or answer |
|
|
questions at a [wine] sampling event. |
|
|
(c) Any alcoholic beverages [wine] used in a [wine] sampling |
|
|
event under this section must be purchased from the retailer on |
|
|
whose premises the [wine] sampling event is held. This section does |
|
|
not authorize the holder of a nonresident seller's permit or |
|
|
manufacturer's agent's permit to withdraw or purchase alcoholic |
|
|
beverages [wine] from the holder of a wholesaler's permit or |
|
|
provide alcoholic beverages [wine] for a sampling event on a |
|
|
retailer's premises that is not purchased from the retailer. The |
|
|
amount of alcoholic beverages [wine] purchased from the retailer |
|
|
may not exceed the amount of alcoholic beverages [wine] used in the |
|
|
sampling event. |
|
|
SECTION 8. Section 62.01, Alcoholic Beverage Code, is |
|
|
amended to read as follows: |
|
|
Sec. 62.01. AUTHORIZED ACTIVITIES. (a) The holder of a |
|
|
manufacturer's license may: |
|
|
(1) manufacture or brew beer and distribute and sell |
|
|
it in this state to the holders of general, local, and branch |
|
|
distributor's licenses and to qualified persons outside the state; |
|
|
(2) dispense beer for consumption on the premises; |
|
|
[and] |
|
|
(3) bottle and can beer and pack it into containers for |
|
|
resale in this state, regardless of whether the beer is |
|
|
manufactured or brewed in this state or in another state and |
|
|
imported into Texas; and |
|
|
(4) conduct samplings of beer, including tastings, at |
|
|
a retailer's premises. |
|
|
(b) An agent or employee of the holder of a manufacturer's |
|
|
license may open, touch, or pour beer, make a presentation, or |
|
|
answer questions at a sampling event. |
|
|
SECTION 9. Chapter 71, Alcoholic Beverage Code, is amended |
|
|
by adding Section 71.11 to read as follows: |
|
|
Sec. 71.11. BEER SAMPLING. (a) The holder of a retail |
|
|
dealer's off-premise license may conduct free product samplings of |
|
|
beer on the license holder's premises during regular business hours |
|
|
as provided by this section. |
|
|
(b) An agent or employee of the holder of a retail dealer's |
|
|
off-premise license may open, touch, or pour beer, make a |
|
|
presentation, or answer questions at a sampling event. |
|
|
(c) For the purposes of this code and any other law or |
|
|
ordinance: |
|
|
(1) a retail dealer's off-premise license does not |
|
|
authorize the sale of alcoholic beverages for on-premise |
|
|
consumption; and |
|
|
(2) none of the license holder's income may be |
|
|
considered to be income from the sale of alcoholic beverages for |
|
|
on-premise consumption. |
|
|
(d) Any beer used in a sampling event under this section |
|
|
must be purchased from or provided by the retailer on whose premises |
|
|
the sampling event is held. |
|
|
SECTION 10. This Act takes effect September 1, 2007. |
| |
| |
| |
______________________________ |
______________________________ |
| |
President of the Senate |
Speaker of the House |
| |
| |
|
|
I certify that H.B. No. 2723 was passed by the House on May |
|
|
11, 2007, by the following vote: Yeas 129, Nays 5, 2 present, not |
|
|
voting. |
|
|
|
|
|
______________________________ |
|
|
Chief Clerk of the House |
| |
| |
|
|
I certify that H.B. No. 2723 was passed by the Senate on May |
|
|
23, 2007, by the following vote: Yeas 31, Nays 0. |
|
|
|
|
|
______________________________ |
|
|
Secretary of the Senate |
|
|
APPROVED: _____________________ |
|
|
Date |
|
|
|
|
|
_____________________ |
|
|
Governor |