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A BILL TO BE ENTITLED
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AN ACT
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relating to the sale of beer and ale by the holders of |
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Manufacturer's Licenses and Brewer's permits. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 12.052, Alcoholic Beverage Code, is |
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amended to read as follows: |
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Sec. 12.052. SALES BY CERTAIN BREWERS TO CONSUMERS. (a) In |
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addition to the activities authorized by Section 12.01, the holder |
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of a brewer's permit whose annual production of ale together with |
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the annual production of beer by the holder of a manufacturer's |
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license at all [the same] premises owned directly or indirectly by |
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the license holder or an affiliate or subsidiary does not exceed a |
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total of 225,000 barrels may sell ale produced on the brewer's |
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premises under the permit to ultimate consumers on the brewer's |
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premises for responsible consumption on the brewer's premises. |
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(b) The total combined sales of ale to ultimate consumers |
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under this section, together with the sales of beer to ultimate |
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consumers by the holder of a manufacturer's license under Section |
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62.122 at the same premises, may not exceed 5,000 barrels annually. |
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SECTION 2. Section 62.122, Alcoholic Beverage Code, is |
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amended to read as follows: |
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Sec. 62.122. SALES BY CERTAIN MANUFACTURERS TO CONSUMERS. |
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(a) A manufacturer's licensee whose annual production of beer |
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together with the annual production of ale by the holder of a |
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brewer's permit at [the same] all premises owned directly or |
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indirectly by the license holder or an affiliate or subsidiary does |
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not exceed 225,000 barrels may sell beer produced on the |
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manufacturer's premises under the license to ultimate consumers on |
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the manufacturer's premises for responsible consumption on the |
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manufacturer's premises. |
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(b) The total combined sales of beer to ultimate consumers |
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under this section, together with the sales of ale to ultimate |
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consumers by the holder of a brewer's permit under Section 12.052 at |
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the same premises, may not exceed 5,000 barrels annually. |
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SECTION 3. Section 12A.02, Alcoholic Beverage Code, is |
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amended to read as follows: |
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Sec. 12A.02. AUTHORIZED ACTIVITIES. (a) A holder of a |
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brewer's self-distribution permit whose annual production of ale |
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under the brewer's or nonresident brewer's permit, together with |
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the annual production of beer by the holder of a manufacturer's or |
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nonresident manufacturer's license at [the same] all premises owned |
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directly or indirectly by the license holder or an affiliate or |
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subsidiary, does not exceed 125,000 barrels may sell ale produced |
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under the brewer's or nonresident brewer's permit to those persons |
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to whom the holder of a general class B wholesaler's permit may sell |
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ale under Section 20.01(3). |
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(b) The total combined sales of ale under this section, |
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together with the sales of beer by the holder of a manufacturer's |
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self-distribution license under Section 62A.02 at all [the same] |
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premises owned directly or indirectly by the license holder or an |
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affiliate or subsidiary, may not exceed 40,000 barrels annually. |
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(c) With regard to a sale under this section, the holder of a |
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brewer's self-distribution permit has the same authority and is |
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subject to the same requirements that apply to a sale made by the |
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holder of a general class B wholesaler's permit. |
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(d) Ale sold under this section may be shipped only from a |
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brewery in this state. |
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SECTION 4. Section 62A.02, Alcoholic Beverage Code, is |
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amended to read as follows: |
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Sec. 62A.02. AUTHORIZED ACTIVITIES. (a) A holder of a |
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manufacturer's self-distribution license whose annual production |
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of beer under the manufacturer's or nonresident manufacturer's |
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license, together with the annual production of ale by the holder of |
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a brewer's or nonresident brewer's permit at [the same] all premises |
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owned directly or indirectly by the license holder or an affiliate |
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or subsidiary, does not exceed 125,000 barrels may sell beer |
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produced under the manufacturer's or nonresident manufacturer's |
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license to those persons to whom the holder of a general |
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distributor's license may sell beer under Section 64.01(a)(2). |
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(b) The total combined sales of beer under this section, |
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together with the sales of ale by the holder of a brewer's |
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self-distribution permit under Section 12A.02 at all [the same] |
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premises owned directly or indirectly by the license holder or an |
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affiliate or subsidiary, may not exceed 40,000 barrels annually. |
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(c) With regard to a sale under this section, the holder of a |
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manufacturer's self-distribution license has the same authority |
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and is subject to the same requirements that apply to a sale made by |
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the holder of a general distributor's license. |
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(d) Beer sold under this section may be shipped only from a |
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manufacturing facility in this state. |
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SECTION 5. This Act take effect immediately if it receives a |
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vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2017. |