By: Creighton	S.B. No. 1760
	(In the Senate - Filed March 9, 2017; March 23, 2017, read
	first time and referred to Committee on Business & Commerce;
	April 3, 2017, reported favorably by the following vote:  Yeas 8,
	Nays 0; April 3, 2017, sent to printer.)
Click here to see the committee vote

	A BILL TO BE ENTITLED
	AN ACT
	relating to product tastings of alcoholic beverages on certain
	permitted premises.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Chapter 14, Alcoholic Beverage Code, is amended
	by adding Section 14.07 to read as follows:
	Sec. 14.07.  PRODUCT TASTINGS. (a)  The holder of a
	distiller's and rectifier's permit or the agent or employee of the
	holder of a distiller's and rectifier's permit may:
	(1)  conduct distilled spirits samplings, including
	product tastings of distilled spirits, on the premises of the
	holder of:
	(A)  a package store permit;
	(B)  a mixed beverage permit; or
	(C)  a private club registration permit; and
	(2)  open, touch, or pour distilled spirits, make a
	presentation, or answer questions at a distilled spirits sampling
	or product tasting.
	(b)  The distilled spirits used for a distilled spirits
	sampling or product tasting under Subsection (a) may be provided
	from the distiller's and rectifier's permit holder's inventory if:
	(1)  the distilled spirits are legally transported to
	the premises where the sampling or product tasting is to be
	conducted;
	(2)  the distilled spirits are ordinarily offered for
	sale by the holder of the distiller's and rectifier's permit;
	(3)  the holder of the distiller's and rectifier's
	permit pays the taxes owed under Chapter 183, Tax Code, on the
	distilled spirits used for the sampling or product tasting; and
	(4)  except as provided by Subsection (d), the person
	who conducts the sampling or product tasting complies with the
	requirements of Section 52.01 for conducting a product tasting
	under that section.
	(c)  Before an agent or employee of a holder of a distiller's
	and rectifier's permit conducts a distilled spirits sampling or
	product tasting under this section, the holder of the distiller's
	and rectifier's permit or the permit holder's agent or employee
	shall provide to the permit holder for the premises where the
	sampling or product tasting is to be conducted written notice that
	the agent or employee maintains a seller server certificate as
	defined by 16 T.A.C. Section 50.2.
	(d)  To the extent of a conflict between this section and
	Section 52.01, this section controls.
	SECTION 2.  Section 15.01, Alcoholic Beverage Code, is
	amended to read as follows:
	Sec. 15.01.  AUTHORIZED ACTIVITIES.  The holder of a
	distiller's agent's permit may:
	(1)  represent the holder of a distiller's and
	rectifier's permit;
	(2)  solicit and take orders from a holder of a
	wholesaler's permit for the sale of distilled spirits manufactured
	by the permit holder represented by the agent; and
	(3)  conduct free distilled spirits tastings for
	consumers on the premises of the holder of a package store permit,
	mixed beverage permit, or private club registration permit.
	SECTION 3.  Sections 22.10 and 22.11, Alcoholic Beverage
	Code, are amended to read as follows:
	Sec. 22.10.  OPENING CONTAINERS PROHIBITED. Except as
	authorized under Section 14.07 or 52.01 [of this code], no person
	may break or open a container containing liquor or beer or possess
	an opened container of liquor or beer on the premises of a package
	store.
	Sec. 22.11.  CONSUMPTION ON PREMISES PROHIBITED. Except as
	authorized under Section 14.07 or 52.01, no person may sell,
	barter, exchange, deliver, or give away any drink or drinks of
	alcoholic beverages from a container that has been opened or broken
	on the premises of a package store.
	SECTION 4.  Sections 28.06(a) and (c), Alcoholic Beverage
	Code, are amended to read as follows:
	(a)  Except as provided by Section 14.07, no [No] holder of a
	mixed beverage permit, nor any officer, agent, or employee of a
	holder, may possess or permit to be possessed on the premises for
	which the permit is issued any alcoholic beverage which is not
	covered by an invoice from the supplier from whom the alcoholic
	beverage was purchased.
	(c)  Except as provided by Section 14.07, no [No] holder of a
	mixed beverage permit, nor any officer, agent, or employee of a
	holder, may knowingly possess or permit to be possessed on the
	licensed premises any alcoholic beverage which is not covered by an
	invoice from the supplier from whom the alcoholic beverage was
	purchased.
	SECTION 5.  Section 28.15(a), Alcoholic Beverage Code, is
	amended to read as follows:
	(a)  Except as provided by Section 14.07, a [A] mixed
	beverage permittee may not possess or permit a person to possess on
	the premises distilled spirits in any container that does not bear a
	serially numbered identification stamp issued by the commission or
	other identification approved by the commission.
	SECTION 6.  Section 32.15, Alcoholic Beverage Code, is
	amended to read as follows:
	Sec. 32.15.  REMOVAL OF BEVERAGES FROM PREMISES. A private
	club, irrespective of location or system of storage of alcoholic
	beverages, may not permit any person to remove any alcoholic
	beverages from the club premises, except as authorized by
	[Subsection (b) of] Section 28.10(b) or for the purpose of removing
	unused inventory the person brought onto the premises under Section
	14.07(b) [28.10 of this code].
	SECTION 7.  Section 32.20(a), Alcoholic Beverage Code, is
	amended to read as follows:
	(a)  Except as provided by Section 14.07, a [A] private club
	registration permittee may not possess or permit a person to
	possess on the premises distilled spirits in any container that
	does not bear a serially numbered identification stamp issued by
	the commission or other identification approved by the commission.
	SECTION 8.  Sections 52.01(b) and (c), Alcoholic Beverage
	Code, are repealed.
	SECTION 9.  This Act takes effect September 1, 2017.
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