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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; creating a criminal offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 11.61(b), Alcoholic Beverage Code, is |
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amended to read as follows: |
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(b) The commission or administrator may suspend for not more |
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than 60 days or cancel an original or renewal permit if it is found, |
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after notice and hearing, that any of the following is true: |
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(1) the permittee has been finally convicted of a |
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violation of this code; |
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(2) the permittee violated a provision of this code or |
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a rule of the commission; |
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(3) the permittee was finally convicted of a felony |
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while holding an original or renewal permit; |
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(4) the permittee made a false or misleading statement |
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in connection with the permittee's [his] original or renewal |
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application, either in the formal application itself or in any |
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other written instrument relating to the application submitted to |
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the commission, its officers, or employees; |
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(5) the permittee is indebted to the state for taxes, |
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fees, or payment of penalties imposed by this code, by a rule of the |
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commission, or by Chapter 183, Tax Code; |
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(6) the permittee is not of good moral character or the |
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permittee's [his] reputation for being a peaceable and law-abiding |
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citizen in the community where the permittee [he] resides is bad; |
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(7) the place or manner in which the permittee |
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conducts the permittee's [his] business warrants the cancellation |
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or suspension of the permit based on the general welfare, health, |
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peace, morals, and safety of the people and on the public sense of |
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decency; |
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(8) the permittee is not maintaining an acceptable |
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bond; |
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(9) the permittee maintains a noisy, lewd, disorderly, |
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or unsanitary establishment or has supplied impure or otherwise |
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deleterious beverages; |
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(10) the permittee is insolvent or mentally or |
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physically unable to carry on the management of the permittee's |
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[his] establishment; |
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(11) the permittee is in the habit of using alcoholic |
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beverages to excess; |
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(12) the permittee knowingly misrepresented to a |
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customer or the public any liquor sold by the permittee [him]; |
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(13) the permittee was intoxicated on the licensed |
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premises; |
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(14) the permittee sold or delivered an alcoholic |
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beverage to an intoxicated person; |
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(15) the permittee possessed on the licensed premises |
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an alcoholic beverage that the permittee [he] was not authorized by |
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the permittee's [his] permit to purchase and sell; |
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(16) except as authorized by this code or other law, a |
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package store or wine only package store permittee transported or |
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shipped liquor, or caused it to be transported or shipped, into a |
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dry state or a dry area within this state; |
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(17) the permittee is residentially domiciled with a |
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person who has a financial interest in an establishment engaged in |
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the business of selling beer at retail, other than a mixed beverage |
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establishment, except as authorized by Section 22.06, 24.05, or |
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102.05 [of this code]; |
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(18) the permittee is residentially domiciled with a |
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person whose permit or license was cancelled for cause within the |
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12-month period preceding the permittee's [his] own application; |
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(19) the permittee is not a citizen of the United |
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States or has not been a citizen of Texas for a period of one year |
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immediately preceding the filing of the permittee's [his] |
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application, unless the permittee [he] was issued an original or |
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renewal permit on or before September 1, 1948, and has been a United |
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States citizen at some time; |
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(20) the permittee permitted a person to open a |
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container of alcoholic beverage or possess an open container of |
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alcoholic beverage on the licensed premises unless a mixed beverage |
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permit has been issued for the premises; |
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(21) the permittee failed to promptly report to the |
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commission a breach of the peace occurring on the permittee's |
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licensed premises; |
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(22) the permittee consumed an alcoholic beverage or |
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permitted one to be consumed on the licensed premises at a time when |
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the consumption of alcoholic beverages is prohibited by this code; |
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or |
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(23) the permittee sold, served, or delivered an |
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alcoholic beverage at a time when its sale is prohibited. |
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SECTION 2. 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 who is authorized to sell ale and malt liquor |
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to an ultimate consumer for on-site consumption under Section |
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12.052 may sell through an Internet website ale and malt liquor |
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produced or bottled by the permit holder and ship the ale and malt |
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liquor to the ultimate consumer, including ultimate consumers |
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located in dry areas. Delivery must be by the holder of a carrier |
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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 3. 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 4. Chapter 22, Alcoholic Beverage Code, is amended |
|
|
by adding Section 22.18 to read as follows: |
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Sec. 22.18. DIRECT SHIPMENT TO CONSUMERS. (a) The holder |
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of a package store permit may sell through an Internet website malt |
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liquor, ale, and wine and ship the malt liquor, ale, and wine to the |
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|
ultimate consumer, including ultimate consumers located in dry |
|
|
areas. Delivery must be by the holder of a carrier permit. |
|
|
(b) All alcoholic beverages shipped to an ultimate consumer |
|
|
under this section by the holder of a package store permit must be |
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in a package that is clearly and conspicuously labeled showing |
|
|
that: |
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(1) the package contains an alcoholic beverage; 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) Alcoholic beverages shipped under this section by the |
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|
holder of a package store permit may not be delivered to any person |
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other than: |
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(1) the person who purchased the alcoholic beverage; |
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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) Alcoholic beverages may be delivered under this section |
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only to a person who is 21 years of age or older 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 |
|
|
of the package. |
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(e) The holder of a package store permit may not: |
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|
(1) sell or ship alcoholic beverages to a minor; or |
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|
(2) deliver alcoholic beverages to a consumer under |
|
|
this section using a carrier that does not hold a carrier's permit |
|
|
under this code. |
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|
SECTION 5. Chapter 24, Alcoholic Beverage Code, is amended |
|
|
by adding Section 24.13 to read as follows: |
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Sec. 24.13. DIRECT SHIPMENT TO CONSUMERS. (a) The holder |
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|
of a wine only package store permit may sell through an Internet |
|
|
website ale, wine, and vinous liquors and ship the ale, wine, and |
|
|
vinous liquors to the ultimate consumer, including ultimate |
|
|
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 alcoholic beverages shipped to an ultimate consumer |
|
|
under this section by the holder of a wine only package store permit |
|
|
must be in a package that is clearly and conspicuously labeled |
|
|
showing that: |
|
|
(1) the package contains an alcoholic beverage; and |
|
|
(2) the package may be delivered only to a person |
|
|
described in Subsection (c). |
|
|
(c) Alcoholic beverages shipped under this section by the |
|
|
holder of a wine only package store permit may not be delivered to |
|
|
any person other than: |
|
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(1) the person who purchased the alcoholic beverages; |
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|
(2) a recipient designated in advance by such |
|
|
purchaser; or |
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|
(3) a person at the delivery address who is 21 years of |
|
|
age or older. |
|
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(d) Alcoholic beverages may be delivered under this section |
|
|
only to a person who is 21 years of age or older after the person |
|
|
accepting the package: |
|
|
(1) presents valid proof of identity and age; and |
|
|
(2) personally signs a receipt acknowledging delivery |
|
|
of the package. |
|
|
(e) The holder of a wine only package store permit may not: |
|
|
(1) sell or ship alcoholic beverages to a minor; or |
|
|
(2) deliver alcoholic beverages to a consumer under |
|
|
this section using a carrier that does not hold a carrier's permit |
|
|
under this code. |
|
|
SECTION 6. Chapter 25, Alcoholic Beverage Code, is amended |
|
|
by adding Section 25.15 to read as follows: |
|
|
Sec. 25.15. DIRECT SHIPMENT TO CONSUMERS. (a) The holder |
|
|
of a wine and beer retailer's permit may sell through an Internet |
|
|
website wine, beer, and malt liquors containing alcohol in excess |
|
|
of one-half of one percent by volume and not more than 17 percent by |
|
|
volume and ship those beverages to the ultimate consumer, including |
|
|
ultimate consumers located in dry areas. Delivery must be by the |
|
|
holder of a carrier permit. |
|
|
(b) All alcoholic beverages shipped to an ultimate consumer |
|
|
under this section by the holder of a wine and beer retailer's |
|
|
permit must be in a package that is clearly and conspicuously |
|
|
labeled showing that: |
|
|
(1) the package contains an alcoholic beverage; and |
|
|
(2) the package may be delivered only to a person |
|
|
described in Subsection (c). |
|
|
(c) Alcoholic beverages shipped under this section by the |
|
|
holder of a wine and beer retailer's permit may not be delivered to |
|
|
any person other than: |
|
|
(1) the person who purchased the alcoholic beverages; |
|
|
(2) a recipient designated in advance by such |
|
|
purchaser; or |
|
|
(3) a person at the delivery address who is 21 years of |
|
|
age or older. |
|
|
(d) Alcoholic beverages may be delivered under this section |
|
|
only to a person who is 21 years of age or older after the person |
|
|
accepting the package: |
|
|
(1) presents valid proof of identity and age; and |
|
|
(2) personally signs a receipt acknowledging delivery |
|
|
of the package. |
|
|
(e) The holder of a wine and beer retailer's permit may not: |
|
|
(1) sell or ship alcoholic beverages to a minor; or |
|
|
(2) deliver alcoholic beverages to a consumer under |
|
|
this section using a carrier that does not hold a carrier's permit |
|
|
under this code. |
|
|
SECTION 7. Chapter 26, Alcoholic Beverage Code, is amended |
|
|
by adding Section 26.09 to read as follows: |
|
|
Sec. 26.09. DIRECT SHIPMENT TO CONSUMERS. (a) The holder |
|
|
of a wine and beer retailer's off-premise permit may sell through an |
|
|
Internet website wine, beer, and malt liquors containing alcohol in |
|
|
excess of one-half of one percent by volume and not more than 17 |
|
|
percent by volume and ship those beverages to the ultimate |
|
|
consumer, including ultimate consumers located in dry areas. |
|
|
Delivery must be by the holder of a carrier permit. |
|
|
(b) All alcoholic beverages shipped to an ultimate consumer |
|
|
under this section by the holder of a wine and beer retailer's |
|
|
off-premise permit must be in a package that is clearly and |
|
|
conspicuously labeled showing that: |
|
|
(1) the package contains an alcoholic beverage; and |
|
|
(2) the package may be delivered only to a person |
|
|
described in Subsection (c). |
|
|
(c) Alcoholic beverages shipped under this section by the |
|
|
holder of a wine and beer retailer's off-premise permit may not be |
|
|
delivered to any person other than: |
|
|
(1) the person who purchased the alcoholic beverages; |
|
|
(2) a recipient designated in advance by such |
|
|
purchaser; or |
|
|
(3) a person at the delivery address who is 21 years of |
|
|
age or older. |
|
|
(d) Alcoholic beverages may be delivered under this section |
|
|
only to a person who is 21 years of age or older after the person |
|
|
accepting the package: |
|
|
(1) presents valid proof of identity and age; and |
|
|
(2) personally signs a receipt acknowledging delivery |
|
|
of the package. |
|
|
(e) The holder of a wine and beer retailer's off-premise |
|
|
permit may not: |
|
|
(1) sell or ship alcoholic beverages to a minor; or |
|
|
(2) deliver alcoholic beverages to a consumer under |
|
|
this section using a carrier that does not hold a carrier's permit |
|
|
under this code. |
|
|
SECTION 8. Chapter 54, Alcoholic Beverage Code, is amended |
|
|
to read as follows: |
|
|
CHAPTER 54. OUT-OF-STATE MANUFACTURER [WINERY] DIRECT SHIPPER'S |
|
|
PERMIT |
|
|
Sec. 54.01. AUTHORIZED ACTIVITIES. The holder of an |
|
|
out-of-state manufacturer [winery] direct shipper's permit may |
|
|
sell and deliver ale, malt liquor, wine, and beer that is produced |
|
|
or bottled by the permittee to an ultimate consumer located in the |
|
|
State of Texas. Delivery must be by the holder of a carrier permit. |
|
|
Sec. 54.02. PROHIBITED ACTIVITIES. The holder of an |
|
|
out-of-state manufacturer [winery] direct shipper's permit may |
|
|
not: |
|
|
(1) sell or ship ale, malt liquor, wine, and beer to a |
|
|
minor; or |
|
|
(2) deliver ale, malt liquor, wine, and beer to a |
|
|
consumer using a carrier that does not hold a carrier's permit under |
|
|
this code[;
|
|
|
[(3)
deliver to the same consumer in this state more
|
|
|
than nine gallons of wine within any calendar month or more than 36
|
|
|
gallons of wine within any 12-month period; or
|
|
|
[(4)
sell to ultimate consumers more than 35,000
|
|
|
gallons of wine annually]. |
|
|
Sec. 54.03. QUALIFICATIONS FOR PERMIT. An out-of-state |
|
|
manufacturer [winery] direct shipper's permit may only be issued to |
|
|
a person who: |
|
|
(1) does not hold a [winery] permit or license |
|
|
authorizing the production or bottling of alcoholic beverages in |
|
|
the State of Texas; |
|
|
(2) operates a facility for the production or bottling |
|
|
of alcoholic beverages [winery] located in the United States and |
|
|
holds all state and federal permits necessary to operate the |
|
|
facility [winery, including the federal winemaker's and blender's
|
|
|
basic permit]; |
|
|
(3) is authorized by another state to sell ale, malt |
|
|
liquor, wine, and beer to an ultimate consumer; |
|
|
(4) [(3)] holds a Texas sales tax permit; |
|
|
(5) [(4)] expressly submits to personal jurisdiction |
|
|
in Texas state and federal courts and expressly submits to venue in |
|
|
Travis County, Texas, as proper venue for any proceedings that may |
|
|
be initiated by or against the commission; and |
|
|
(6) [(5)] does not directly or indirectly have any |
|
|
financial interest in a Texas wholesaler or retailer as those terms |
|
|
are used in Section 102.01. |
|
|
Sec. 54.04. PERMIT FEE. The commission shall set the annual |
|
|
state fee for an out-of-state manufacturer [winery] direct |
|
|
shipper's permit in an amount necessary to cover the cost of issuing |
|
|
the permit and administering this chapter [is $75]. |
|
|
Sec. 54.05. IDENTIFICATION REQUIREMENTS. (a) All |
|
|
alcoholic beverages [wine] sold or shipped by the holder of an |
|
|
out-of-state manufacturer [winery] direct shipper's permit must be |
|
|
in a package that is clearly and conspicuously labeled showing |
|
|
that: |
|
|
(1) the package contains an alcoholic beverage [wine]; |
|
|
and |
|
|
(2) the package may only be delivered to a person |
|
|
described in Subsection (b). |
|
|
(b) An alcoholic beverage [Wine] sold or shipped by a holder |
|
|
of an out-of-state manufacturer [winery] direct shipper's permit |
|
|
may not be delivered to any person other than: |
|
|
(1) the person who purchased the alcoholic beverage |
|
|
[wine]; |
|
|
(2) a recipient designated in advance by such |
|
|
purchaser; or |
|
|
(3) a person at the delivery address who is [age] 21 |
|
|
years of age or older [over]. |
|
|
(c) An alcoholic beverage [Wine] may be delivered only to a |
|
|
person who is [age] 21 years of age or older [over] after the person |
|
|
accepting the package: |
|
|
(1) presents valid proof of identity and age; and |
|
|
(2) personally signs a receipt acknowledging delivery |
|
|
of the package. |
|
|
Sec. 54.06. REPORTS AND RECORDKEEPING. (a) The holder of |
|
|
an out-of-state manufacturer [winery] direct shipper's permit |
|
|
shall maintain records of all sales and deliveries made under the |
|
|
permit. |
|
|
(b) The holder of an out-of-state manufacturer [winery] |
|
|
direct shipper's permit shall maintain complete sales and delivery |
|
|
records for all sales and deliveries made under the permit for at |
|
|
least five years from the date of sale. These records shall be made |
|
|
available upon request for inspection by the commission or any |
|
|
other appropriate state agency. |
|
|
(c) The commission shall establish rules requiring the |
|
|
holder of an out-of-state manufacturer [winery] direct shipper's |
|
|
permit to periodically file reports providing the commission with |
|
|
such information as the commission may determine is needed to more |
|
|
efficiently and effectively enforce the state laws applicable to |
|
|
the permit holder. |
|
|
Sec. 54.07. LIABILITY FOR AND PAYMENT OF TAXES. (a) Sales |
|
|
made by the holder of an out-of-state manufacturer [winery] direct |
|
|
shipper's permit shall be deemed to have been made in the State of |
|
|
Texas for delivery in the State of Texas. |
|
|
(b) The holder of an out-of-state manufacturer [winery] |
|
|
direct shipper's permit shall be responsible for paying the |
|
|
following state taxes related to sales and deliveries made under |
|
|
this chapter: |
|
|
(1) excise taxes on the alcoholic beverages [wine] |
|
|
sold, payable at the same rate and in the same manner as if the |
|
|
permittee were a Texas brewery, winery, beer manufacturer, or |
|
|
brewpub located in Texas; and |
|
|
(2) state sales and use taxes all payable at the same |
|
|
rate and in the same manner as if the permittee were a Texas |
|
|
brewery, winery, beer manufacturer, or brewpub located in Texas. |
|
|
(c) An ultimate consumer who purchases an alcoholic |
|
|
beverage [wine] from the holder of an out-of-state manufacturer |
|
|
[winery] direct shipper's permit under this chapter shall be |
|
|
considered to be purchasing the alcoholic beverage [wine] from a |
|
|
Texas permittee or licensee and shall not be charged the |
|
|
administrative fee for personal imports set forth in Section |
|
|
107.07. |
|
|
Sec. 54.08. RESALE PROHIBITED. A consumer purchasing an |
|
|
alcoholic beverage [wine] from the holder of an out-of-state |
|
|
manufacturer [winery] direct shipper's permit may not resell the |
|
|
alcoholic beverage [wine], and any such alcoholic beverage [wine] |
|
|
that is resold is an illicit beverage as defined in Section 1.04(4). |
|
|
Sec. 54.09. DELIVERY AREAS. An alcoholic beverage [Wine] |
|
|
shipped under this chapter may be delivered to persons located in a |
|
|
dry area. |
|
|
Sec. 54.10. [WINE] LABEL APPROVAL NOT REQUIRED. If the |
|
|
holder of an out-of-state manufacturer [winery] direct shipper's |
|
|
permit has satisfied all federal label approval requirements for a |
|
|
particular brand of alcoholic beverage [wine], then no further |
|
|
label approval shall be required by the commission. |
|
|
Sec. 54.11. RULES. The commission shall adopt rules and |
|
|
forms necessary to implement this chapter. |
|
|
Sec. 54.12. PENALTY FOR SHIPPING WITHOUT A PERMIT. Any |
|
|
person who does not hold an out-of-state manufacturer [winery] |
|
|
direct shipper's permit who sells and ships alcohol from outside of |
|
|
Texas to an ultimate consumer in Texas commits on first offense a |
|
|
Class B misdemeanor, on second offense a Class A misdemeanor, and on |
|
|
third offense a state jail felony. |
|
|
SECTION 9. Subtitle A, Title 3, Alcoholic Beverage Code, is |
|
|
amended by adding Chapter 54A to read as follows: |
|
|
CHAPTER 54A. OUT-OF-STATE RETAILER DIRECT SHIPPER'S PERMIT |
|
|
Sec. 54A.01. AUTHORIZED ACTIVITIES. The holder of an |
|
|
out-of-state retailer direct shipper's permit may sell and deliver |
|
|
to an ultimate consumer located in the State of Texas any alcoholic |
|
|
beverage the permit holder is authorized by another state to sell to |
|
|
an ultimate consumer for off-premise consumption. Delivery must be |
|
|
by the holder of a carrier permit. |
|
|
Sec. 54A.02. PROHIBITED ACTIVITIES. The holder of an |
|
|
out-of-state retailer direct shipper's permit may not: |
|
|
(1) sell or ship an alcoholic beverage to a minor; or |
|
|
(2) deliver an alcoholic beverage to a consumer using |
|
|
a carrier that does not hold a carrier's permit under this code. |
|
|
Sec. 54A.03. QUALIFICATIONS FOR PERMIT. An out-of-state |
|
|
retailer direct shipper's permit may only be issued to a person who: |
|
|
(1) is not authorized to manufacture or bottle |
|
|
alcoholic beverages by any state; |
|
|
(2) is authorized by any other state to sell alcoholic |
|
|
beverages to an ultimate consumer for off-premise consumption; |
|
|
(3) holds a Texas sales tax permit; |
|
|
(4) expressly submits to personal jurisdiction in |
|
|
Texas state and federal courts and expressly submits to venue in |
|
|
Travis County, Texas, as proper venue for any proceedings that may |
|
|
be initiated by or against the commission; and |
|
|
(5) does not directly or indirectly have any financial |
|
|
interest in a Texas wholesaler or retailer as those terms are used |
|
|
in Section 102.01. |
|
|
Sec. 54A.04. PERMIT FEE. The commission shall set the |
|
|
annual state fee for an out-of-state retailer direct shipper's |
|
|
permit in an amount necessary to cover the cost of issuing the |
|
|
permit and administering this chapter. |
|
|
Sec. 54A.05. IDENTIFICATION REQUIREMENTS. (a) All |
|
|
alcoholic beverages sold or shipped by the holder of an |
|
|
out-of-state retailer direct shipper's permit must be in a package |
|
|
that is clearly and conspicuously labeled showing that: |
|
|
(1) the package contains an alcoholic beverage; and |
|
|
(2) the package may only be delivered to a person |
|
|
described in Subsection (b). |
|
|
(b) An alcoholic beverage sold or shipped by a holder of an |
|
|
out-of-state retailer direct shipper's permit may not be delivered |
|
|
to any person other than: |
|
|
(1) the person who purchased the alcoholic beverage; |
|
|
(2) a recipient designated in advance by such |
|
|
purchaser; or |
|
|
(3) a person at the delivery address who is 21 years of |
|
|
age or older. |
|
|
(c) An alcoholic beverage may be delivered only to a person |
|
|
who is 21 years of age or older after the person accepting the |
|
|
package: |
|
|
(1) presents valid proof of identity and age; and |
|
|
(2) personally signs a receipt acknowledging delivery |
|
|
of the package. |
|
|
Sec. 54A.06. REPORTS AND RECORDKEEPING. (a) The holder of |
|
|
an out-of-state retailer direct shipper's permit shall maintain |
|
|
records of all sales and deliveries made under the permit. |
|
|
(b) The holder of an out-of-state retailer direct shipper's |
|
|
permit shall maintain complete sales and delivery records for all |
|
|
sales and deliveries made under the permit for at least five years |
|
|
from the date of sale. These records shall be made available upon |
|
|
request for inspection by the commission or any other appropriate |
|
|
state agency. |
|
|
(c) The commission shall establish rules requiring the |
|
|
holder of an out-of-state retailer direct shipper's permit to |
|
|
periodically file reports providing the commission with such |
|
|
information as the commission may determine is needed to more |
|
|
efficiently and effectively enforce the state laws applicable to |
|
|
the permittee. |
|
|
Sec. 54A.07. LIABILITY FOR AND PAYMENT OF TAXES. (a) Sales |
|
|
made by the holder of an out-of-state retailer direct shipper's |
|
|
permit shall be deemed to have been made in the State of Texas for |
|
|
delivery in the State of Texas. |
|
|
(b) The holder of an out-of-state retailer direct shipper's |
|
|
permit shall be responsible for paying the following state taxes |
|
|
related to sales and deliveries made under this chapter: |
|
|
(1) excise taxes on the alcoholic beverages sold, |
|
|
payable at the same rate and in the same manner as if the permittee |
|
|
were the holder of a permit issued under Chapter 22, 24, 25, or 26 or |
|
|
a license issued under Chapter 69 or 71; and |
|
|
(2) state sales and use taxes all payable at the same |
|
|
rate and in the same manner as if the permittee were the holder of a |
|
|
permit issued under Chapter 22, 24, 25, or 26 or a license issued |
|
|
under Chapter 69 or 71. |
|
|
(c) An ultimate consumer who purchases an alcoholic |
|
|
beverage from the holder of an out-of-state retailer direct |
|
|
shipper's permit under this chapter shall be considered to be |
|
|
purchasing the alcoholic beverage from a Texas permittee or |
|
|
licensee and shall not be charged the administrative fee for |
|
|
personal imports set forth in Section 107.07. |
|
|
Sec. 54A.08. RESALE PROHIBITED. A consumer purchasing an |
|
|
alcoholic beverage from the holder of an out-of-state retailer |
|
|
direct shipper's permit may not resell the alcoholic beverage, and |
|
|
any such alcoholic beverage that is resold is an illicit beverage as |
|
|
defined in Section 1.04(4). |
|
|
Sec. 54A.09. DELIVERY AREAS. An alcoholic beverage shipped |
|
|
under this chapter may be delivered to persons located in a dry |
|
|
area. |
|
|
Sec. 54A.10. LABEL APPROVAL NOT REQUIRED. If the alcoholic |
|
|
beverage shipped by the holder of an out-of-state retailer direct |
|
|
shipper's permit has satisfied all federal label approval |
|
|
requirements for a particular brand of alcoholic beverage, then no |
|
|
further label approval shall be required by the commission. |
|
|
Sec. 54A.11. RULES. The commission shall adopt rules and |
|
|
forms necessary to implement this chapter. |
|
|
Sec. 54A.12. PENALTY FOR SHIPPING WITHOUT A PERMIT. Any |
|
|
person who does not hold an out-of-state retailer direct shipper's |
|
|
permit who sells and ships alcohol from outside of Texas to an |
|
|
ultimate consumer in Texas commits on first offense a Class B |
|
|
misdemeanor, on second offense a Class A misdemeanor, and on third |
|
|
offense a state jail felony. |
|
|
SECTION 10. Chapter 62, Alcoholic Beverage Code, is amended |
|
|
by adding Section 62.15 to read as follows: |
|
|
Sec. 62.15. DIRECT SHIPMENT TO CONSUMERS. (a) The holder |
|
|
of a manufacturer's license who is authorized to sell beer to an |
|
|
ultimate consumer for on-site consumption under Section 62.122 may |
|
|
sell through an Internet website beer produced, bottled, or canned |
|
|
by the license holder and ship the beer to the ultimate consumer, |
|
|
including ultimate consumers located in dry areas. Delivery must |
|
|
be by the holder of a carrier permit. |
|
|
(b) All beer shipped to an ultimate consumer by the holder |
|
|
of a manufacturer's license must be in a package that is clearly and |
|
|
conspicuously labeled showing that: |
|
|
(1) the package contains beer; and |
|
|
(2) the package may be delivered only to a person |
|
|
described in Subsection (c). |
|
|
(c) Beer shipped by the holder of a manufacturer's license |
|
|
may not be delivered to any person other than: |
|
|
(1) the person who purchased the beer; |
|
|
(2) a recipient designated in advance by such |
|
|
purchaser; or |
|
|
(3) a person at the delivery address who is 21 years of |
|
|
age or older. |
|
|
(d) Beer may be delivered only to a person who is 21 years of |
|
|
age or older after the person accepting the package: |
|
|
(1) presents valid proof of identity and age; and |
|
|
(2) personally signs a receipt acknowledging delivery |
|
|
of the package. |
|
|
(e) The holder of a manufacturer's license may not: |
|
|
(1) sell or ship beer to a minor; or |
|
|
(2) deliver beer to a consumer using a carrier that |
|
|
does not hold a carrier's permit under this code. |
|
|
SECTION 11. Chapter 69, Alcoholic Beverage Code, is amended |
|
|
by adding Section 69.18 to read as follows: |
|
|
Sec. 69.18. DIRECT SHIPMENT TO CONSUMERS. (a) The holder |
|
|
of a retail dealer's on-premise license may sell through an |
|
|
Internet website beer and ship the beer to the ultimate consumer, |
|
|
including ultimate consumers located in dry areas. Delivery must |
|
|
be by the holder of a carrier permit. |
|
|
(b) All beer shipped to an ultimate consumer under this |
|
|
section by the holder of a retail dealer's on-premise license must |
|
|
be in a package that is clearly and conspicuously labeled showing |
|
|
that: |
|
|
(1) the package contains an alcoholic beverage; and |
|
|
(2) the package may be delivered only to a person |
|
|
described in Subsection (c). |
|
|
(c) Beer shipped under this section by the holder of a |
|
|
retail dealer's on-premise license may not be delivered to any |
|
|
person other than: |
|
|
(1) the person who purchased the beer; |
|
|
(2) a recipient designated in advance by such |
|
|
purchaser; or |
|
|
(3) a person at the delivery address who is 21 years of |
|
|
age or older. |
|
|
(d) Beer may be delivered under this section only to a |
|
|
person who is 21 years of age or older after the person accepting |
|
|
the package: |
|
|
(1) presents valid proof of identity and age; and |
|
|
(2) personally signs a receipt acknowledging delivery |
|
|
of the package. |
|
|
(e) The holder of a retail dealer's on-premise license may |
|
|
not: |
|
|
(1) sell or ship beer to a minor; or |
|
|
(2) deliver beer to a consumer under this section |
|
|
using a carrier that does not hold a carrier's permit under this |
|
|
code. |
|
|
SECTION 12. Chapter 71, Alcoholic Beverage Code, is amended |
|
|
by adding Section 71.12 to read as follows: |
|
|
Sec. 71.12. DIRECT SHIPMENT TO CONSUMERS. (a) The holder |
|
|
of a retail dealer's off-premise license may sell through an |
|
|
Internet website beer and ship the beer to the ultimate consumer, |
|
|
including ultimate consumers located in dry areas. Delivery must |
|
|
be by the holder of a carrier permit. |
|
|
(b) All beer shipped to an ultimate consumer under this |
|
|
section by the holder of a retail dealer's off-premise license must |
|
|
be in a package that is clearly and conspicuously labeled showing |
|
|
that: |
|
|
(1) the package contains an alcoholic beverage; and |
|
|
(2) the package may be delivered only to a person |
|
|
described in Subsection (c). |
|
|
(c) Beer shipped under this section by the holder of a |
|
|
retail dealer's off-premise license may not be delivered to any |
|
|
person other than: |
|
|
(1) the person who purchased the beer; |
|
|
(2) a recipient designated in advance by such |
|
|
purchaser; or |
|
|
(3) a person at the delivery address who is 21 years of |
|
|
age or older. |
|
|
(d) Beer may be delivered under this section only to a |
|
|
person who is 21 years of age or older after the person accepting |
|
|
the package: |
|
|
(1) presents valid proof of identity and age; and |
|
|
(2) personally signs a receipt acknowledging delivery |
|
|
of the package. |
|
|
(e) The holder of a retail dealer's off-premise license may |
|
|
not: |
|
|
(1) sell or ship beer to a minor; or |
|
|
(2) deliver beer to a consumer under this section |
|
|
using a carrier that does not hold a carrier's permit under this |
|
|
code. |
|
|
SECTION 13. Chapter 74, Alcoholic Beverage Code, is amended |
|
|
by adding Section 74.12 to read as follows: |
|
|
Sec. 74.12. DIRECT SHIPMENT TO CONSUMERS. (a) The holder |
|
|
of a brewpub license may sell through an Internet website malt |
|
|
liquor, ale, and beer produced, bottled, or canned by the license |
|
|
holder and ship the malt liquor, ale, and beer to the ultimate |
|
|
consumer, including ultimate consumers located in dry areas. |
|
|
Delivery must be by the holder of a carrier permit. |
|
|
(b) All malt liquor, ale, or beer shipped to an ultimate |
|
|
consumer by the holder of a brewpub license must be in a package |
|
|
that is clearly and conspicuously labeled showing that: |
|
|
(1) the package contains malt liquor, ale, or beer; |
|
|
and |
|
|
(2) the package may be delivered only to a person |
|
|
described in Subsection (c). |
|
|
(c) Malt liquor, ale, or beer shipped by the holder of a |
|
|
brewpub license may not be delivered to any person other than: |
|
|
(1) the person who purchased the malt liquor, ale, or |
|
|
beer; |
|
|
(2) a recipient designated in advance by such |
|
|
purchaser; or |
|
|
(3) a person at the delivery address who is 21 years of |
|
|
age or older. |
|
|
(d) Malt liquor, ale, or beer may be delivered only to a |
|
|
person who is 21 years of age or older after the person accepting |
|
|
the package: |
|
|
(1) presents valid proof of identity and age; and |
|
|
(2) personally signs a receipt acknowledging delivery |
|
|
of the package. |
|
|
(e) The holder of a brewpub license may not: |
|
|
(1) sell or ship malt liquor, ale, or beer to a minor; |
|
|
or |
|
|
(2) deliver malt liquor, ale, or beer to a consumer |
|
|
using a carrier that does not hold a carrier's permit under this |
|
|
code. |
|
|
SECTION 14. Section 101.46(c), Alcoholic Beverage Code, is |
|
|
amended to read as follows: |
|
|
(c) Subsection (a) of this section does not apply to liquor |
|
|
imported under Section 107.07 or sold and delivered to an ultimate |
|
|
consumer by the holder of an out-of-state manufacturer direct |
|
|
shipper's permit or out-of-state retailer direct shipper's permit |
|
|
[of this code]. |
|
|
SECTION 15. Section 107.05(b), Alcoholic Beverage Code, is |
|
|
amended to read as follows: |
|
|
(b) This section does not apply to the transportation of |
|
|
liquor into the state as authorized by Chapter 54 or 54A or Section |
|
|
107.07 [of this code]. |
|
|
SECTION 16. Section 107.06(c), Alcoholic Beverage Code, is |
|
|
amended to read as follows: |
|
|
(c) This section does not apply to the importation or |
|
|
transportation of military beer consigned to a military |
|
|
installation or to the importation or direct shipment of beer as |
|
|
authorized under Chapter 54 or 54A or Section 107.07 [of this code]. |
|
|
SECTION 17. Section 107.07(f), Alcoholic Beverage Code, is |
|
|
amended to read as follows: |
|
|
(f) Except as provided by Chapter 54 or 54A, any person in |
|
|
the business of selling alcoholic beverages in another state or |
|
|
country who ships or causes to be shipped any alcoholic beverage |
|
|
directly to any Texas resident under this section is in violation of |
|
|
this code. |
|
|
SECTION 18. Section 201.41, Alcoholic Beverage Code, is |
|
|
amended to read as follows: |
|
|
Sec. 201.41. FIRST SALE. In this subchapter, "first sale" |
|
|
means: |
|
|
(1) the first actual sale of ale or malt liquor by: |
|
|
(A) the holder of a wholesaler's, general class B |
|
|
wholesaler's, or local class B wholesaler's permit to: |
|
|
(i) a permittee authorized to sell to |
|
|
ultimate consumers; |
|
|
(ii) a local distributor permittee; or |
|
|
(iii) a private club registration |
|
|
permittee; [or] |
|
|
(B) a brewpub licensee to a consumer, including a |
|
|
sale under Section 74.12, or a permittee or licensee authorized to |
|
|
sell ale or malt liquor to ultimate consumers; or |
|
|
(C) a holder of a brewer's permit to an ultimate |
|
|
consumer under Section 12.07; |
|
|
(2) the importation of ale or malt liquor under |
|
|
Section 107.07; or |
|
|
(3) the sale of ale or malt liquor by a holder of an |
|
|
out-of-state manufacturer direct shipper's permit or out-of-state |
|
|
retailer direct shipper's permit to an ultimate consumer in this |
|
|
state. |
|
|
SECTION 19. Section 203.02, Alcoholic Beverage Code, is |
|
|
amended to read as follows: |
|
|
Sec. 203.02. "FIRST SALE". In this chapter, "first sale" |
|
|
means: |
|
|
(1) the first actual sale of beer by: |
|
|
(A) [by] the holder of a distributor's license or |
|
|
[by] the holder of a manufacturer's self-distribution license |
|
|
[acting under the authority of Section 62.12], to: |
|
|
(i) a permittee or licensee authorized to |
|
|
sell to ultimate consumers; |
|
|
(ii) a local distributor permittee; or |
|
|
(iii) a private club registration |
|
|
permittee; [or] |
|
|
(B) [by] a brewpub licensee to a consumer, |
|
|
including a sale under Section 74.12, or a permittee or licensee |
|
|
authorized to sell beer to ultimate consumers; or |
|
|
(C) a holder of a manufacturer's license to an |
|
|
ultimate consumer under Section 62.15; |
|
|
(2) the importation of beer under Section 107.07; or |
|
|
(3) the sale of beer by a holder of an out-of-state |
|
|
manufacturer direct shipper's permit or an out-of-state retailer |
|
|
direct shipper's permit to an ultimate consumer in this state. |
|
|
SECTION 20. This Act takes effect September 1, 2017. |