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A BILL TO BE ENTITLED
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AN ACT
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relating to certain promotional activities by the holders of |
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certain alcoholic beverage permits and licenses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 108.061, Alcoholic Beverage Code, is |
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amended to read as follows: |
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Sec. 108.061. SWEEPSTAKES PROMOTIONS AUTHORIZED. (a) |
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Notwithstanding the prohibition against prizes given to a consumer |
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in Section 108.06 and subject to the rules of the commission, a |
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manufacturer, [or] nonresident manufacturer, or brewer may offer a |
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prize to a consumer of legal drinking age if the offer is a part of a |
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promotional sweepstakes activity. |
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(b) A purchase or entry fee may not be required of any person |
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to enter in a sweepstakes authorized under this section. |
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(c) A person affiliated with the alcoholic beverage |
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industry may not receive a prize from a sweepstakes authorized |
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under this section [promotion]. |
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(d) A prize awarded under this section may include food, |
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beverages, entertainment, recreation, gifts, or attendance at a |
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private event at a permitted or licensed premises for the winners of |
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the sweepstakes and other guests of the sponsor of the event. The |
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name or location of the premises where a private event described by |
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this subsection is held may not be mentioned in any advertising |
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related to the sweepstakes. |
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(e) If a licensee or permittee conducts a private event |
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authorized by Subsection (d) at a retailer's premises, the licensee |
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or permittee shall pay the retailer the fair market value for the |
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use of the premises. The retailer must retain control of the sale |
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and service of alcoholic beverages at the private event. |
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(f) A sweepstakes authorized under this section may be |
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conducted at a permitted or licensed premises and the prize may be |
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awarded to the winners at the permitted or licensed premises at |
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which the sweepstakes is conducted. |
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SECTION 2. This Act takes effect September 1, 2017. |