| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to authorizing certain brewers and manufacturers to sell |
|
|
beer and ale to ultimate consumers. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 12.05, Alcoholic Beverage Code, is |
|
|
amended to read as follows: |
|
|
Sec. 12.05. SALES BY CERTAIN BREWERS. (a) The holder of a |
|
|
brewer's permit whose annual production of ale in this state does |
|
|
not exceed, together with the annual production of beer by the |
|
|
holder of a manufacturer's license [acting] under [the authority
|
|
|
of] Section 62.12 [of this code] at the same premises, a total of |
|
|
75,000 barrels, may sell ale produced under the permit to those |
|
|
persons to whom the holder of a general class B wholesaler's permit |
|
|
may sell malt liquor under Section 20.01(3) [of this code]. With |
|
|
regard to such a sale, the brewer has the same authority and is |
|
|
subject to the same requirements that apply to a sale made by the |
|
|
holder of a general class B wholesaler's permit. |
|
|
(b) The holder of a brewer's permit whose annual production |
|
|
of ale in this state does not exceed, together with the annual |
|
|
production of beer by the holder of a manufacturer's license under |
|
|
Section 62.12 at the same premises, a total of 250,000 barrels may |
|
|
sell ale to ultimate consumers for consumption on the brewer's |
|
|
premises or in unbroken packages for off-premises consumption. The |
|
|
total combined sales of ale to ultimate consumers under this |
|
|
section, together with the sales of beer to ultimate consumers by |
|
|
the holder of a manufacturer's license under Section 62.12 at the |
|
|
same premises, may not exceed 5,000 barrels annually. |
|
|
SECTION 2. Section 62.12, Alcoholic Beverage Code, is |
|
|
amended by adding Subsection (a-1) to read as follows: |
|
|
(a-1) The holder of a manufacturer's license whose annual |
|
|
production of beer in this state does not exceed, together with the |
|
|
annual production of ale by the holder of a brewer's permit under |
|
|
Section 12.05 at the same premises, a total of 250,000 barrels may |
|
|
sell beer to ultimate consumers for consumption on the |
|
|
manufacturer's premises or in unbroken packages for off-premises |
|
|
consumption. The total combined sales of beer to ultimate consumers |
|
|
under this section, together with the sales of ale to ultimate |
|
|
consumers by the holder of a brewer's permit under Section 12.05 at |
|
|
the same premises, may not exceed 5,000 barrels annually. |
|
|
SECTION 3. This Act takes effect immediately if it receives |
|
|
a vote of two-thirds of all the members elected to each house, as |
|
|
provided by Section 39, Article III, Texas Constitution. If this |
|
|
Act does not receive the vote necessary for immediate effect, this |
|
|
Act takes effect September 1, 2009. |