|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the sale of malt liquor, ale, and beer by the holder of a |
|
brewpub license. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. The legislature finds that: |
|
(1) the state is authorized under the Twenty-first |
|
Amendment of the United States Constitution to promote the public's |
|
interest in the fair, efficient, and competitive marketing of malt |
|
liquor, ale, and beer in this state; |
|
(2) the United States Supreme Court in Granholm v. |
|
Heald, 544 U.S. 460 (2005), has recognized that the three-tier |
|
system of regulating the alcoholic beverage industry is |
|
unquestionably legitimate; |
|
(3) in Granholm, the United States Supreme Court |
|
further recognized that while the states are entitled to regulate |
|
the production and sales of liquor within their borders, the right |
|
is nonetheless subject to the provisions of the Constitution of the |
|
United States, including the Interstate Commerce Clause, and laws |
|
regulating the alcoholic beverage industry may not discriminate |
|
against out-of-state participants or give undue deference to local |
|
participants and may not ignore other provisions of the |
|
Constitution, including the Supremacy Clause, Commerce Clause, and |
|
the Privileges and Immunities Clause with its nondiscriminatory |
|
principles; |
|
(4) the state is authorized to promote, market, and |
|
educate consumers about the emerging small brewing industry; |
|
(5) it is in the state's interest to encourage |
|
entrepreneurial and small business development opportunities in |
|
the state that will lead to new capital investment in the state, |
|
create new jobs in the state, and expand the state and local tax |
|
base; and |
|
(6) it is the public policy of the state to exercise |
|
the police power of the state to protect the welfare, health, peace, |
|
temperance, and safety of the people of Texas. |
|
SECTION 2. Section 20.01, Alcoholic Beverage Code, is |
|
amended to read as follows: |
|
Sec. 20.01. AUTHORIZED ACTIVITIES. The holder of a general |
|
class B wholesaler's permit may: |
|
(1) purchase and import malt and vinous liquors from |
|
brewers, wineries, rectifiers, and wine manufacturers and wine |
|
bottlers who are the holders of nonresident seller's permits or |
|
their agents who are holders of manufacturer's agent permits; |
|
(2) purchase malt and vinous liquors from holders of |
|
brewer's permits, holders of brewpub licenses, or other wholesalers |
|
in the state; |
|
(3) sell the malt and vinous liquors in the original |
|
containers in which they are received to retailers and wholesalers |
|
authorized to sell them in this state, including holders of local |
|
distributor's permits, mixed beverage permits, and daily temporary |
|
mixed beverage permits; |
|
(4) sell the malt and vinous liquors to qualified |
|
persons outside the state; and |
|
(5) sell ale and malt liquor to a holder of a private |
|
club registration permit. |
|
SECTION 3. Section 64.01(a), Alcoholic Beverage Code, is |
|
amended to read as follows: |
|
(a) The holder of a general distributor's license may: |
|
(1) receive beer in unbroken original packages from |
|
manufacturers and brewpubs and from general, local, or branch |
|
distributors; |
|
(2) distribute or sell beer in the unbroken original |
|
packages in which it is received to general, branch, or local |
|
distributors, to local distributor permittees, to permittees or |
|
licensees authorized to sell to ultimate consumers, to private club |
|
registration permittees, to authorized outlets located on any |
|
installation of the national military establishment, or to |
|
qualified persons for shipment and consumption outside the state; |
|
and |
|
(3) serve free beer for consumption on the licensed |
|
premises. |
|
SECTION 4. Section 74.03, Alcoholic Beverage Code, is |
|
amended to read as follows: |
|
Sec. 74.03. PRODUCTION LIMIT. The total annual production |
|
of malt liquor, ale, and beer by a holder of a brewpub license may |
|
not exceed 12,500 [5,000] barrels for each licensed brewpub |
|
[established, operated, or maintained by the holder in this state]. |
|
SECTION 5. Chapter 74, Alcoholic Beverage Code, is amended |
|
by adding Sections 74.08, 74.09, 74.10, and 74.11 to read as |
|
follows: |
|
Sec. 74.08. SALES BY BREWPUB LICENSE HOLDERS TO RETAILERS. |
|
(a) In addition to the activities authorized by Section 74.01, the |
|
holder of a brewpub license may: |
|
(1) sell malt liquor or ale produced under the license |
|
to those retailers or qualified persons outside the state to whom |
|
the holder of a general class B wholesaler's permit may sell malt |
|
liquor or ale under Section 20.01; and |
|
(2) sell beer produced under the license to: |
|
(A) those retailers to whom the holder of a |
|
general distributor's license may sell beer under Section 64.01; or |
|
(B) qualified persons to whom the holder of a |
|
general distributor's license may sell beer for shipment and |
|
consumption outside the state under Section 64.01. |
|
(b) With regard to a sale under Subsection (a)(1), the |
|
holder of a brewpub license 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. |
|
(c) With regard to a sale under Subsection (a)(2), the |
|
holder of a brewpub license has the same authority and is subject to |
|
the same requirements that apply to a sale made by the holder of a |
|
general distributor's license. |
|
(d) The total amount of malt liquor, ale, and beer sold |
|
under this section may not exceed 1,000 barrels annually. |
|
Sec. 74.09. SALES TO DISTRIBUTORS. (a) In addition to the |
|
activities authorized by Section 74.01, the holder of a brewpub |
|
license may sell beer produced under the license to the holder of a |
|
general, local, or branch distributor's license. |
|
(b) The holder of a brewpub license who sells beer under |
|
Subsection (a) shall comply with the requirements of Section |
|
102.51. |
|
Sec. 74.10. SALES TO WHOLESALERS. (a) In addition to the |
|
activities authorized by Section 74.01, the holder of a brewpub |
|
license may sell ale and malt liquor to the holder of a local class B |
|
wholesaler's permit. |
|
(b) The holder of a brewpub license who sells ale or malt |
|
liquor under Subsection (a) shall comply with the requirements of |
|
Section 102.81. |
|
Sec. 74.11. REPORT OF SALES TO RETAILERS. (a) Not later |
|
than the 25th day of each month, the holder of a brewpub license |
|
shall file a report with the commission that contains information |
|
relating to the sales made by the brewpub to a retailer during the |
|
preceding calendar month. |
|
(b) The commission shall by rule determine the information |
|
that is required to be reported under this section and the manner in |
|
which the report must be submitted to the commission. The |
|
commission may require the report to contain the same information |
|
reported to the comptroller under Section 151.462, Tax Code. |
|
SECTION 6. Section 102.54(d)(2), Alcoholic Beverage Code, |
|
is amended to read as follows: |
|
(2) "Manufacturer" means a person who holds a license |
|
issued under Chapter 62, [or] 63, or 74. |
|
SECTION 7. Section 102.55(a), Alcoholic Beverage Code, is |
|
amended to read as follows: |
|
(a) In this subchapter and Subchapter D, and as the terms |
|
relate to an agreement between a manufacturer and a distributor |
|
describing the sales territory in which a distributor may sell the |
|
beer of a manufacturer: |
|
(1) "Brand" means any word, name, group of letters, |
|
symbol, or trademark or a combination of any word, name, group of |
|
letters, symbol, or trademark that is adopted and used by a |
|
manufacturer on a label or on packaging to identify a specific beer |
|
or malt beverage and to distinguish the beer or malt beverage |
|
product from the label or packaging of another beer or malt beverage |
|
produced or marketed by any manufacturer. The term does not include |
|
the name of the manufacturer unless the name of the manufacturer is |
|
included in the name of the brand. |
|
(2) "Brand extension" means a brand that incorporates |
|
a brand name or brand logo, or a substantial part of an existing |
|
brand name or brand logo, of the same manufacturer. |
|
(3) "Manufacturer" means a person who holds a license |
|
issued under Chapter 62, 63, or 74. |
|
SECTION 8. Section 102.71(4), Alcoholic Beverage Code, is |
|
amended to read as follows: |
|
(4) "Manufacturer" means those persons licensed under |
|
Section 62.01, [or] 63.01, or 74.01 [of this code]. |
|
SECTION 9. Section 74.01(f), Alcoholic Beverage Code, is |
|
repealed. |
|
SECTION 10. 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, 2013. |