Read the full stored bill text
89(R) HB 1301 - House Committee Report version - Bill Text
89R14408 SCF-D
By: Landgraf
H.B. No. 1301
Substitute the following for H.B. No. 1301:
By: Phelan
C.S.H.B. No. 1301
A BILL TO BE ENTITLED
AN ACT
relating to the sale of wine and malt beverages by certain alcoholic
beverage manufacturers at a restaurant operated by the
manufacturer.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 16.01, Alcoholic Beverage Code, is
amended by adding Subsection (f) to read as follows:
(f)
The holder of a winery permit may purchase malt
beverages from the holder of a distributor's license and sell those
malt beverages to ultimate consumers for consumption at a
restaurant operated by the permit holder on the winery premises.
SECTION 2. Chapter 16, Alcoholic Beverage Code, is amended
by adding Section 16.13 to read as follows:
Sec.
16.13.
ON-PREMISES RESTAURANT.
(a)
The holder of a
winery permit may sell wine and malt beverages to ultimate
consumers for consumption at a restaurant operated by the permit
holder on the winery premises.
(b)
Food must be available at the restaurant at all times
alcoholic beverages are sold.
(c)
The holder of a winery permit who operates a restaurant
as provided by this section shall maintain and make available for
inspection by the commission on the commission's request:
(1)
a menu or list of all food and beverages to be
offered for sale at the restaurant, including prices;
(2)
a list of equipment used by the restaurant for food
preparation;
(3)
a record of the hours of operation for the
restaurant, including hours during which alcoholic beverages are
available;
(4)
a floor plan of the restaurant portion of the
permitted premises, showing the areas that are dedicated for food
preparation and service and the areas that are dedicated for
alcoholic beverage preparation and service;
(5)
a summary of daily sales, separating the total
sales for:
(A) alcoholic beverages;
(B) food; and
(C)
any other major sales categories, including
nonalcoholic beverages; and
(6)
each invoice for the purchase of alcoholic
beverages sold under the permit until the fourth anniversary of the
date the alcoholic beverage was purchased.
(d)
Failure to make available any required documentation to
the commission on the commission's request or maintain a record
required by this section is:
(1)
prima facie evidence of noncompliance with the
requirements of this section; and
(2)
grounds for the commission to take disciplinary
action against the permit holder.
SECTION 3. Section 19.01, Alcoholic Beverage Code, is
amended to read as follows:
Sec. 19.01. AUTHORIZED ACTIVITIES. The holder of a
wholesaler's permit may:
(1) purchase and import liquor from distillers,
wineries, and rectifiers who are holders of nonresident seller's
permits or from their agents;
(2) purchase liquor from other wholesalers in the
state;
(3) sell liquor in the original containers in which it
is received to retailers and wholesalers in this state authorized
to sell the liquor; [
and
]
(4) sell liquor to qualified persons outside the
state
;
(5)
sell wine to the holder of a winery permit
authorized to sell wine to ultimate consumers for consumption at a
restaurant operated by the permit holder on the winery premises
under Section 16.13; and
(6)
sell wine to the holder of a brewer's license
authorized to sell wine to ultimate consumers for consumption at a
restaurant operated by the license holder on the brewery premises
under Section 62.16
.
SECTION 4. Chapter 62, Alcoholic Beverage Code, is amended
by adding Section 62.16 to read as follows:
Sec.
62.16.
ON-PREMISES RESTAURANT.
(a)
The holder of a
brewer's license authorized to sell malt beverages to ultimate
consumers for consumption on the brewer's premises under Section
62.122 may:
(1)
purchase wine from wholesalers authorized to sell
wine;
(2)
purchase malt beverages from the holder of a
distributor's license authorized to sell malt beverages; and
(3)
sell the wine and malt beverages to ultimate
consumers for consumption at a restaurant operated by the license
holder on the brewery premises.
(b)
Food must be available at the restaurant at all times
alcoholic beverages are sold.
(c)
Section 62.122(b) does not apply to a malt beverage
purchased by the holder of a brewer's license under Subsection (a)
and sold to an ultimate consumer for consumption at a restaurant
operated by the license holder under this section.
(d)
The holder of a brewer's license who operates a
restaurant as provided by this section shall maintain and make
available for inspection by the commission on the commission's
request:
(1)
a menu or list of all food and beverages to be
offered for sale at the restaurant, including prices;
(2)
a list of equipment used by the restaurant for food
preparation;
(3)
a record of the hours of operation for the
restaurant, including hours during which alcoholic beverages are
available;
(4)
a floor plan of the restaurant portion of the
licensed premises, showing the areas that are dedicated for food
preparation and service and the areas that are dedicated for
alcoholic beverage preparation and service;
(5)
a summary of daily sales, separating the total
sales for:
(A) alcoholic beverages;
(B) food; and
(C)
any other major sales categories, including
nonalcoholic beverages; and
(6)
each invoice for the purchase of alcoholic
beverages sold under the license until the fourth anniversary of
the date the alcoholic beverage was purchased.
(e)
Failure to make available any required documentation to
the commission on the commission's request or maintain a record
required by this section is:
(1)
prima facie evidence of noncompliance with the
requirements of this section; and
(2)
grounds for the commission to take disciplinary
action against the license holder.
SECTION 5. Section 102.31(a), Alcoholic Beverage Code, is
amended to read as follows:
(a) This section applies to:
(1) the sale of malt beverages or malt beverage
containers or the original packages in which malt beverages are
received, packaged, or contained by a distributor's licensee to a
retail dealer's on-premise or off-premise licensee, a wine and malt
beverage retailer's permittee, or a wine and malt beverage
retailer's off-premise permittee; and
(2) the sale of malt beverages by a local distributor's
permittee, or by any licensee authorized to sell those beverages
for resale, to
:
(A)
a mixed beverage permittee
;
(B)
a winery permittee authorized to sell malt
beverages to an ultimate consumer at a restaurant operated by the
permittee under Section 16.13; or
(C)
a brewer's licensee authorized to sell malt
beverages to an ultimate consumer at a restaurant operated by the
licensee under Section 62.16
.
SECTION 6. Section 102.32(a), Alcoholic Beverage Code, is
amended to read as follows:
(a) In this section:
(1) "Wholesale dealer" means a wholesaler, class B
wholesaler, winery, or local distributor's permittee.
(2) "Retailer" means a package store, wine only
package store, wine and malt beverage retailers, wine and malt
beverage retailer's off-premise, or mixed beverage permittee, any
other retailer, or a private club registration permittee. For
purposes of this section
:
(A)
[
,
] the holder of a winery permit issued
under Chapter 16 is a retailer when the winery permit holder
purchases wine from the holder of a wholesaler's permit issued
under Chapter 19 for resale to ultimate consumers in unbroken
packages
or for consumption on the premises of a restaurant
operated by the holder of the winery permit under Section 16.13; and
(B)
the holder of a brewer's license issued under
Chapter 62 is a retailer when the brewer's license holder purchases
wine from the holder of a wholesaler's permit issued under Chapter
19 for resale to ultimate consumers for consumption on the premises
of a restaurant operated by the holder of the brewer's license under
Section 62.16
.
(3) "Month" means a calendar month.
SECTION 7. As soon as practicable after the effective date
of this Act, the Texas Alcoholic Beverage Commission shall adopt
rules necessary to implement the changes in law made by this Act.
SECTION 8. This Act takes effect September 1, 2025.