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A BILL TO BE ENTITLED
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AN ACT
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relating to the direct shipment of certain alcoholic beverages to |
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ultimate consumers; authorizing a fee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 12, Alcoholic Beverage Code, is amended |
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by adding Section 12.07 to read as follows: |
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Sec. 12.07. DIRECT SHIPMENT TO CONSUMERS. (a) The holder |
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of a brewer's permit may ship ale or malt liquor produced or bottled |
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by the permit holder to the ultimate consumer, including ultimate |
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consumers located in dry areas. Delivery must be by the holder of a |
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carrier permit. |
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(b) All ale or malt liquor shipped to an ultimate consumer |
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by the holder of a brewer's permit must be in a package that is |
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clearly and conspicuously labeled showing that: |
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(1) the package contains ale or malt liquor; and |
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(2) the package may be delivered only to a person |
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described in Subsection (c). |
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(c) Ale or malt liquor shipped by the holder of a brewer's |
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permit may not be delivered to any person other than: |
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(1) the person who purchased the ale or malt liquor; |
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(2) a recipient designated in advance by such |
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purchaser; or |
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(3) a person at the delivery address who is 21 years of |
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age or older. |
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(d) Ale or malt liquor may be delivered only to a person who |
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is 21 years of age or older after the person accepting the package: |
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(1) presents valid proof of identity and age; and |
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(2) personally signs a receipt acknowledging delivery |
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of the package. |
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(e) The holder of a brewer's permit may not: |
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(1) sell or ship ale or malt liquor to a minor; or |
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(2) deliver ale or malt liquor to a consumer using a |
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carrier that does not hold a carrier's permit under this code. |
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SECTION 2. Section 14.05, Alcoholic Beverage Code, as added |
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by Chapter 106 (S.B. 905), Acts of the 83rd Legislature, Regular |
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Session, 2013, is amended by adding Subsection (h) to read as |
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follows: |
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(h) Nothing in this section applies to the sale and shipment |
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of distilled spirits under Section 14.07. |
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SECTION 3. Chapter 14, Alcoholic Beverage Code, is amended |
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by adding Section 14.07 to read as follows: |
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Sec. 14.07. DIRECT SHIPMENT TO CONSUMERS. (a) The holder |
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of a distiller's and rectifier's permit may ship distilled spirits |
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produced or bottled by the permit holder to the ultimate consumer, |
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including ultimate consumers located in dry areas. Delivery must |
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be by the holder of a carrier permit. |
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(b) All distilled spirits shipped to an ultimate consumer by |
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the holder of a distiller's and rectifier's permit must be in a |
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package that is clearly and conspicuously labeled showing that: |
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(1) the package contains distilled spirits; and |
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(2) the package may be delivered only to a person |
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described in Subsection (c). |
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(c) Distilled spirits shipped by the holder of a distiller's |
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and rectifier's permit may not be delivered to any person other |
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than: |
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(1) the person who purchased the distilled spirits; |
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(2) a recipient designated in advance by such |
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purchaser; or |
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(3) a person at the delivery address who is 21 years of |
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age or older. |
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(d) Distilled spirits may be delivered only to a person who |
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is 21 years of age or older after the person accepting the package: |
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(1) presents valid proof of identity and age; and |
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(2) personally signs a receipt acknowledging delivery |
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of the package. |
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(e) The holder of a distiller's and rectifier's permit may |
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not: |
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(1) sell or ship distilled spirits to a minor; or |
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(2) deliver distilled spirits to a consumer using a |
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carrier that does not hold a carrier's permit under this code. |
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SECTION 4. Section 16.09(e), Alcoholic Beverage Code, is |
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amended to read as follows: |
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(e) The holder of a winery permit may not: |
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(1) sell or ship wine to a minor; or |
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(2) deliver wine to a consumer using a carrier that |
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does not hold a carrier's permit under this code[; or
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[(3)
deliver to the same consumer in this state more
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than nine gallons of wine within any calendar month or more than 36
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gallons of wine within any 12-month period]. |
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SECTION 5. Chapter 54, Alcoholic Beverage Code, is amended |
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to read as follows: |
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CHAPTER 54. OUT-OF-STATE [WINERY] DIRECT SHIPPER'S PERMIT |
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Sec. 54.01. AUTHORIZED ACTIVITIES. The holder of an |
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out-of-state [winery] direct shipper's permit may sell and deliver |
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an alcoholic beverage [wine] that is produced or bottled by the |
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permittee to an ultimate consumer located in the State of Texas. |
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Delivery must be by the holder of a carrier permit. |
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Sec. 54.02. PROHIBITED ACTIVITIES. The holder of an |
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out-of-state [winery] direct shipper's permit may not: |
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(1) sell or ship an alcoholic beverage [wine] to a |
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minor; or |
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(2) deliver an alcoholic beverage [wine] to a consumer |
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using a carrier that does not hold a carrier's permit under this |
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code[;
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[(3)
deliver to the same consumer in this state more
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than nine gallons of wine within any calendar month or more than 36
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gallons of wine within any 12-month period; or
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[(4)
sell to ultimate consumers more than 35,000
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gallons of wine annually]. |
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Sec. 54.03. QUALIFICATIONS FOR PERMIT. An out-of-state |
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[winery] direct shipper's permit may only be issued to a person who: |
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(1) does not hold a [winery] permit or license |
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authorizing the production or bottling of alcoholic beverages in |
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the State of Texas; |
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(2) operates a facility for the production or bottling |
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of alcoholic beverages [winery] located in the United States and |
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holds all state and federal permits necessary to operate the |
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facility [winery, including the federal winemaker's and blender's
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basic permit]; |
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(3) holds a Texas sales tax permit; |
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(4) expressly submits to personal jurisdiction in |
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Texas state and federal courts and expressly submits to venue in |
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Travis County, Texas, as proper venue for any proceedings that may |
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be initiated by or against the commission; and |
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(5) does not directly or indirectly have any financial |
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interest in a Texas wholesaler or retailer as those terms are used |
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in Section 102.01. |
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Sec. 54.04. PERMIT FEE. The annual state fee for an |
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out-of-state [winery] direct shipper's permit is $75. |
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Sec. 54.05. IDENTIFICATION REQUIREMENTS. (a) All |
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alcoholic beverages [wine] sold or shipped by the holder of an |
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out-of-state [winery] direct shipper's permit must be in a package |
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that is clearly and conspicuously labeled showing that: |
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(1) the package contains an alcoholic beverage [wine]; |
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and |
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(2) the package may only be delivered to a person |
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described in Subsection (b). |
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(b) An alcoholic beverage [Wine] sold or shipped by a holder |
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of an out-of-state [winery] direct shipper's permit may not be |
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delivered to any person other than: |
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(1) the person who purchased the alcoholic beverage |
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[wine]; |
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(2) a recipient designated in advance by such |
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purchaser; or |
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(3) a person at the delivery address who is [age] 21 |
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years of age or older [over]. |
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(c) An alcoholic beverage [Wine] may be delivered only to a |
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person who is [age] 21 years of age or older [over] after the person |
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accepting the package: |
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(1) presents valid proof of identity and age; and |
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(2) personally signs a receipt acknowledging delivery |
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of the package. |
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Sec. 54.06. REPORTS AND RECORDKEEPING. (a) The holder of |
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an out-of-state [winery] direct shipper's permit shall maintain |
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records of all sales and deliveries made under the permit. |
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(b) The holder of an out-of-state [winery] direct shipper's |
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permit shall maintain complete sales and delivery records for all |
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sales and deliveries made under the permit for at least five years |
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from the date of sale. These records shall be made available upon |
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request for inspection by the commission or any other appropriate |
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state agency. |
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(c) The commission shall establish rules requiring the |
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holder of an out-of-state [winery] direct shipper's permit to |
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periodically file reports providing the commission with such |
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information as the commission may determine is needed to more |
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efficiently and effectively enforce the state laws applicable to |
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the permit holder. |
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Sec. 54.07. LIABILITY FOR AND PAYMENT OF TAXES. (a) Sales |
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made by the holder of an out-of-state [winery] direct shipper's |
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permit shall be deemed to have been made in the State of Texas for |
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delivery in the State of Texas. |
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(b) The holder of an out-of-state [winery] direct shipper's |
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permit shall be responsible for paying the following state taxes |
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related to sales and deliveries made under this chapter: |
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(1) excise taxes on the alcoholic beverages [wine] |
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sold, payable at the same rate and in the same manner as if the |
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permittee were a Texas brewery, winery, distiller or rectifier, |
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beer manufacturer, or brewpub located in Texas; and |
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(2) state sales and use taxes all payable at the same |
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rate and in the same manner as if the permittee were a Texas |
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brewery, winery, distiller or rectifier, beer manufacturer, or |
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brewpub located in Texas. |
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(c) An ultimate consumer who purchases an alcoholic |
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beverage [wine] from the holder of an out-of-state [winery] direct |
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shipper's permit under this chapter shall be considered to be |
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purchasing the alcoholic beverage [wine] from a Texas permittee or |
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licensee and shall not be charged the administrative fee for |
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personal imports set forth in Section 107.07. |
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Sec. 54.08. RESALE PROHIBITED. A consumer purchasing an |
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alcoholic beverage [wine] from the holder of an out-of-state |
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[winery] direct shipper's permit may not resell the alcoholic |
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beverage [wine], and any such alcoholic beverage [wine] that is |
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resold is an illicit beverage as defined in Section 1.04(4). |
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Sec. 54.09. DELIVERY AREAS. An alcoholic beverage [Wine] |
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shipped under this chapter may be delivered to persons located in a |
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dry area. |
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Sec. 54.10. [WINE] LABEL APPROVAL NOT REQUIRED. If the |
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holder of an out-of-state [winery] direct shipper's permit has |
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satisfied all federal label approval requirements for a particular |
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brand of alcoholic beverage [wine], then no further label approval |
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shall be required by the commission. |
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Sec. 54.11. RULES. The commission shall adopt rules and |
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forms necessary to implement this chapter. |
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Sec. 54.12. PENALTY FOR SHIPPING WITHOUT A PERMIT. Any |
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person who does not hold an out-of-state [winery] direct shipper's |
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permit who sells and ships alcohol from outside of Texas to an |
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ultimate consumer in Texas commits on first offense a Class B |
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misdemeanor, on second offense a Class A misdemeanor, and on third |
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offense a state jail felony. |
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SECTION 6. Chapter 62, Alcoholic Beverage Code, is amended |
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by adding Section 62.15 to read as follows: |
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Sec. 62.15. DIRECT SHIPMENT TO CONSUMERS. (a) The holder |
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of a manufacturer's license may ship beer produced, bottled, or |
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canned by the license holder to the ultimate consumer, including |
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ultimate consumers located in dry areas. Delivery must be by the |
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holder of a carrier permit. |
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(b) All beer shipped to an ultimate consumer by the holder |
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of a manufacturer's license must be in a package that is clearly and |
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conspicuously labeled showing that: |
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(1) the package contains beer; and |
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(2) the package may be delivered only to a person |
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described in Subsection (c). |
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(c) Beer shipped by the holder of a manufacturer's license |
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may not be delivered to any person other than: |
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(1) the person who purchased the beer; |
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(2) a recipient designated in advance by such |
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purchaser; or |
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(3) a person at the delivery address who is 21 years of |
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age or older. |
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(d) Beer may be delivered only to a person who is 21 years of |
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age or older after the person accepting the package: |
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(1) presents valid proof of identity and age; and |
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(2) personally signs a receipt acknowledging delivery |
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of the package. |
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(e) The holder of a manufacturer's license may not: |
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(1) sell or ship beer to a minor; or |
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(2) deliver beer to a consumer using a carrier that |
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does not hold a carrier's permit under this code. |
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SECTION 7. Chapter 74, Alcoholic Beverage Code, is amended |
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by adding Section 74.12 to read as follows: |
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Sec. 74.12. DIRECT SHIPMENT TO CONSUMERS. (a) The holder |
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of a brewpub license may ship malt liquor, ale, or beer produced, |
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bottled, or canned by the license holder to the ultimate consumer, |
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including ultimate consumers located in dry areas. Delivery must |
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be by the holder of a carrier permit. |
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(b) All malt liquor, ale, or beer shipped to an ultimate |
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consumer by the holder of a brewpub license must be in a package |
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that is clearly and conspicuously labeled showing that: |
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(1) the package contains malt liquor, ale, or beer; |
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and |
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(2) the package may be delivered only to a person |
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described in Subsection (c). |
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(c) Malt liquor, ale, or beer shipped by the holder of a |
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brewpub license may not be delivered to any person other than: |
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(1) the person who purchased the malt liquor, ale, or |
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beer; |
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(2) a recipient designated in advance by such |
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purchaser; or |
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(3) a person at the delivery address who is 21 years of |
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age or older. |
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(d) Malt liquor, ale, or beer may be delivered only to a |
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person who is 21 years of age or older after the person accepting |
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the package: |
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(1) presents valid proof of identity and age; and |
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(2) personally signs a receipt acknowledging delivery |
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of the package. |
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(e) The holder of a brewpub license may not: |
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(1) sell or ship malt liquor, ale, or beer to a minor; |
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or |
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(2) deliver malt liquor, ale, or beer to a consumer |
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using a carrier that does not hold a carrier's permit under this |
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code. |
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SECTION 8. Section 101.46(c), Alcoholic Beverage Code, is |
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amended to read as follows: |
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(c) Subsection (a) of this section does not apply to liquor |
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imported under Section 107.07 or sold and delivered to an ultimate |
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consumer by the holder of an out-of-state direct shipper's permit |
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[of this code]. |
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SECTION 9. Section 107.05(b), Alcoholic Beverage Code, is |
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amended to read as follows: |
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(b) This section does not apply to the transportation of |
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liquor into the state as authorized by Chapter 54 or Section 107.07 |
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[of this code]. |
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SECTION 10. Section 107.06(c), Alcoholic Beverage Code, is |
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amended to read as follows: |
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(c) This section does not apply to the importation or |
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transportation of military beer consigned to a military |
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installation or to the importation or direct shipment of beer as |
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authorized under Chapter 54 or Section 107.07 [of this code]. |
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SECTION 11. Section 201.41, Alcoholic Beverage Code, is |
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amended to read as follows: |
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Sec. 201.41. FIRST SALE. In this subchapter, "first sale" |
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means: |
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(1) the first actual sale of ale or malt liquor by: |
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(A) the holder of a wholesaler's, general class B |
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wholesaler's, or local class B wholesaler's permit to: |
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(i) a permittee authorized to sell to |
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ultimate consumers; |
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(ii) a local distributor permittee; or |
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(iii) a private club registration |
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permittee; [or] |
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(B) a brewpub licensee to a consumer, including a |
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sale under Section 74.12, or a permittee or licensee authorized to |
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sell ale or malt liquor to ultimate consumers; or |
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(C) a holder of a brewer's permit to an ultimate |
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consumer under Section 12.07; |
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(2) the importation of ale or malt liquor under |
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Section 107.07; or |
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(3) the sale of ale or malt liquor by a holder of an |
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out-of-state direct shipper's permit to an ultimate consumer in |
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this state. |
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SECTION 12. Section 203.02, Alcoholic Beverage Code, is |
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amended to read as follows: |
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Sec. 203.02. "FIRST SALE". In this chapter, "first sale" |
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means: |
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(1) the first actual sale of beer by: |
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(A) [by] the holder of a distributor's license or |
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by the holder of a manufacturer's license acting under the |
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authority of Section 62.12, to: |
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(i) a permittee or licensee authorized to |
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sell to ultimate consumers; |
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(ii) a local distributor permittee; or |
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(iii) a private club registration |
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permittee; [or] |
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(B) [by] a brewpub licensee to a consumer, |
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including a sale under Section 74.12, or a permittee or licensee |
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authorized to sell beer to ultimate consumers; or |
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(C) a holder of a manufacturer's license to an |
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ultimate consumer under Section 62.15; |
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(2) the importation of beer under Section 107.07; or |
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(3) the sale of beer by a holder of an out-of-state |
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direct shipper's permit to an ultimate consumer in this state. |
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SECTION 13. This Act takes effect September 1, 2015. |