| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
| |
|
|
|
|
|
relating to authorizing certain brewers and manufacturers to |
|
|
conduct tours of their premises after which beer or ale is provided |
|
|
to ultimate consumers for off-premises consumption. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Chapter 12, Alcoholic Beverage Code, is amended |
|
|
by adding Section 12.07 to read as follows: |
|
|
Sec. 12.07. TOUR OF PERMITTED PREMISES. (a) The holder of |
|
|
a brewer's permit whose annual production of ale in this state, |
|
|
together with the annual production of beer by the holder of a |
|
|
manufacturer's license acting under the authority of Section 62.15 |
|
|
at the same premises, does not exceed a total of 75,000 barrels may: |
|
|
(1) charge an admission fee for a tour of the brewery |
|
|
premises; and |
|
|
(2) at the end of a tour of the brewery premises, give |
|
|
ale or beer to tour participants in unbroken packages for |
|
|
off-premises consumption without an additional charge. |
|
|
(b) The total amount of ale a tour participant may receive |
|
|
in a single day under this section, together with the amount of beer |
|
|
the tour participant receives under Section 62.15 at the same |
|
|
premises, may not exceed a total of 144 ounces. |
|
|
(c) This section does not authorize the holder of a brewer's |
|
|
permit to sell ale to an ultimate consumer. |
|
|
SECTION 2. Chapter 62, Alcoholic Beverage Code, is amended |
|
|
by adding Section 62.15 to read as follows: |
|
|
Sec. 62.15. TOUR OF LICENSED PREMISES. (a) The holder of a |
|
|
manufacturer's license whose annual production of beer in this |
|
|
state, together with the annual production of ale by the holder of a |
|
|
brewer's permit acting under the authority of Section 12.07 at the |
|
|
same premises, does not exceed a total of 75,000 barrels may: |
|
|
(1) charge an admission fee for a tour of the |
|
|
manufacturer's premises; and |
|
|
(2) at the end of a tour of the manufacturer's |
|
|
premises, give beer or ale to tour participants in unbroken |
|
|
packages for off-premises consumption without an additional |
|
|
charge. |
|
|
(b) The total amount of beer a tour participant may receive |
|
|
in a single day under this section, together with the amount of ale |
|
|
the tour participant receives under Section 12.07 at the same |
|
|
premises, may not exceed a total of 144 ounces. |
|
|
(c) This section does not authorize the holder of a |
|
|
manufacturer's license to sell beer to an ultimate consumer. |
|
|
SECTION 3. (a) The purpose of this Act is to promote the |
|
|
advancement of breweries and manufacturers by enabling them to |
|
|
acquaint patrons and tourists with the craft of manufacturing and |
|
|
brewing beer and ale by providing an opportunity to sample products |
|
|
based on the brewing techniques of each individual licensee or |
|
|
permittee but not to authorize the brewery or manufacturer to use |
|
|
permitted or licensed premises as a retail outlet for the sale of |
|
|
alcoholic beverages. |
|
|
(b) The legislature finds that the Texas Alcoholic Beverage |
|
|
Commission has the power under the Alcoholic Beverage Code to |
|
|
enforce the provisions of this Act, and to take actions against a |
|
|
brewery or manufacturer who violates the provisions of this Act, |
|
|
including canceling a license or permit issued under that code. |
|
|
SECTION 4. If any provision of this Act or its application |
|
|
to any person or circumstance is held invalid, the entire Act is |
|
|
invalid, and to this end the provisions of this Act are declared to |
|
|
be nonseverable. |
|
|
SECTION 5. 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, 2011. |
|
|
|
|
|
* * * * * |