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A BILL TO BE ENTITLED
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AN ACT
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relating to certain activities for the promotion and marketing of |
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beer. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 108, Alcoholic Beverage Code, is amended |
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by adding Subchapter D to read as follows: |
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SUBCHAPTER D. PROMOTIONAL EVENTS |
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Sec. 108.101. EXPERIENTIAL DINNERS. (a) In this section, |
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"experiential dinner" means a prescheduled and private event during |
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which invited consumers and alcoholic beverage retailer employees |
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of legal drinking age are provided with an opportunity to attend a |
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dinner for the purpose of: |
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(1) receiving instruction on pairing beer with food |
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and the history, quality, characteristics, presentation, and |
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service of beer; |
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(2) tasting beer authorized for sale in this state and |
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food pairings; and |
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(3) being entertained by the license or permit holder |
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conducting the event or a person retained by the license or permit |
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holder. |
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(b) Notwithstanding Section 102.07, 102.14, 102.15, or |
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108.06, or any other provision of this code, a holder of a |
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manufacturer's license, nonresident manufacturer's license, |
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general distributor's license, local distributor's license, agent's |
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beer license, or promotional permit, or the license or permit |
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holder's agent, representative, or employee, or any retailer |
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licensed or permitted for on-premises consumption, may conduct an |
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experiential dinner at the premises of a retailer holding a license |
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or permit to sell alcoholic beverages for on-premises consumption. |
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The retailer shall be compensated for the fair market value of the |
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services provided by the retailer. |
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(c) An experiential dinner must be conducted during normal |
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business hours and may not exceed five hours in length. |
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(d) The license or permit holder conducting the |
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experiential dinner or the license or permit holder's agent, |
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representative, or employee may open, touch, pour, and serve beer. |
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(e) The license or permit holder conducting the |
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experiential dinner must purchase all beer and food used in the |
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event from the retailer. The retailer may not charge the license or |
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permit holder more than the price the retailer charges a consumer |
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for the beer and food. |
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(f) An experiential dinner may be prearranged and conducted |
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jointly with a retailer and the retailer's employees. |
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(g) Consumers may be invited to an experiential dinner |
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through any method chosen by the license or permit holder |
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conducting the experiential dinner. |
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(h) The license or permit holder conducting the |
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experiential dinner may preannounce and advertise the experiential |
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dinner to consumers. The retailer's name and address may not be |
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mentioned in the advertising, except that invitees may be informed |
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of the retail location in an official invitation. |
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(i) The value of the food, beer, and entertainment provided |
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during the experiential dinner may not exceed $150 per person on any |
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one occasion. |
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SECTION 2. This Act takes effect September 1, 2017. |