Bill Text: TX HB4027 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the authority of certain holders of winery permits to sell liquor for on-premises consumption.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-03-21 - Referred to Licensing & Administrative Procedures [HB4027 Detail]
Download: Texas-2019-HB4027-Introduced.html
| 86R14650 JAM-F | ||
| By: Zwiener | H.B. No. 4027 | |
|
|
||
|
|
||
| relating to the authority of certain holders of winery permits to | ||
| sell liquor for on-premises consumption. | ||
| 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 to the United States Constitution to promote the public's | ||
| interest in the fair, efficient, and competitive marketing of wine | ||
| in this state; | ||
| (2) the Texas wine industry operates within the | ||
| traditional three-tier system of alcoholic beverage regulation | ||
| that has been recognized as unquestionably legitimate by the United | ||
| States Supreme Court in Granholm v. Heald, 544 U.S. 460 (2005); | ||
| (3) within the state statutes that are the basis of the | ||
| three-tier system there are occasional exceptions, some of which | ||
| have been in place for years, that do not undermine or compromise | ||
| the three-tier system of alcoholic beverage regulation or threaten | ||
| the welfare, health, peace, temperance, or safety of the people of | ||
| Texas; | ||
| (4) the Texas wine industry is a growing segment of the | ||
| Texas economy, expanding opportunities for grape growers, | ||
| winemakers, wine wholesalers, and wine retailers, while generating | ||
| more excise tax and sales tax revenue every year; and | ||
| (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. | ||
| SECTION 2. Chapter 16, Alcoholic Beverage Code, is amended | ||
| by adding Section 16.010 to read as follows: | ||
| Sec. 16.010. SALE OF LIQUOR FOR ON-PREMISES CONSUMPTION BY | ||
| CERTAIN PERMIT HOLDERS. (a) This section applies only to the | ||
| holder of a winery permit whose premises: | ||
| (1) contains a restaurant having permanent food | ||
| service facilities for the preparation and service of multiple | ||
| entrees for consumption at the location; and | ||
| (2) is located in a county that: | ||
| (A) contains the Fredericksburg in the Texas Hill | ||
| Country American Viticultural Area; | ||
| (B) is located entirely in the Texas Hill Country | ||
| American Viticultural Area and: | ||
| (i) borders a county described by Paragraph | ||
| (A); and | ||
| (ii) has a population of more than 5,000 and | ||
| less than 19,000; or | ||
| (C) contains a portion of the Texas Hill Country | ||
| American Viticultural Area and has a population of more than | ||
| 150,000 and less than 400,000. | ||
| (b) Notwithstanding the tied house provisions of this code, | ||
| a holder of a permit under this chapter may engage in any activity | ||
| authorized under Chapter 28. | ||
| (c) The holder of a permit who engages in the activities | ||
| authorized under this section shall be considered a "retailer" for | ||
| purposes of Section 102.01. | ||
| SECTION 3. This Act takes effect September 1, 2019. | ||
