Bill Text: TX HB4164 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the regulation of certain alcoholic beverage licenses and permits.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-03-25 - Referred to Licensing & Administrative Procedures [HB4164 Detail]
Download: Texas-2019-HB4164-Introduced.html
| By: Anchia | H.B. No. 4164 | |
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| relating to the regulation of certain alcoholic beverage licenses | ||
| and permits. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 61.71(a)(25), Alcoholic Beverage Code, | ||
| is amended to read as follows: | ||
| (a) The commission or administrator may suspend for not more | ||
| than 60 days or cancel an original or renewal retail dealer's on- or | ||
| off-premise license if it is found, after notice and hearing, that | ||
| the licensee: | ||
| (25) occupied premises in which the holder of a | ||
| manufacturer's or distributor's license had an interest of any | ||
| kind, except as described by Section 102.03(c); | ||
| SECTION 2. Section 102.03, Alcoholic Beverage Code, is | ||
| amended by adding subsection (c) to read as follows: | ||
| Sec. 102.03. PERSONS BARRED FROM INTEREST IN PREMISES OF | ||
| RETAIL LIQUOR OUTLET. | ||
| (c) Subsection (b) of this section does not prohibit the | ||
| holder of a non-resident seller's permit, direct shipper's permit, | ||
| winery permit or wine bottler's permit that has an interest | ||
| directly or indirectly, or through a subsidiary, affiliate, agent, | ||
| employee, officer, director, or firm member in a commercial real | ||
| estate development located within a municipality from leasing a | ||
| premise that is part of the commercial real estate development to | ||
| the holder of a package store permit, wine only package store | ||
| permit, or mixed beverage permit if the holder of the non-resident | ||
| seller's permit, direct shipper's permit, winery permit or wine | ||
| bottler's permit, either directly or indirectly, or through a | ||
| subsidiary, affiliate, agent, employee, officer, director, or firm | ||
| member: | ||
| (1) owns a minimum of 1,000,000 cumulative gross | ||
| square feet of commercial real estate contiguous to, adjacent to, | ||
| or within two square miles of the premises, or | ||
| (2) owns commercial real estate, comprising the | ||
| premises, that is within a 2 mile radius of a civic theater center, | ||
| symphony hall, opera hall, museum, athletic training facility, or | ||
| public entertainment facility as defined in Section 108.73(2). | ||
| SECTION 3. Section 102.04(b), Alcoholic Beverage Code, is | ||
| amended to read as follows: | ||
| Sec. 102.04. PERSONS BARRED FROM INTEREST IN MIXED BEVERAGE | ||
| BUSINESS. | ||
| (b) Except as permitted in Section 23.01 and Section | ||
| 102.03(c) of this code, no person to whom this section applies may: | ||
| (1) have a direct or indirect interest in the business, premises, | ||
| equipment, or fixtures of a mixed beverage establishment; (2) | ||
| furnish or lend any money, service, or other thing of value to a | ||
| mixed beverage permittee or guarantee the fulfillment of a | ||
| financial obligation of a mixed beverage permittee; (3) enter or | ||
| offer to enter into an agreement, condition, or system which in | ||
| effect amounts to the shipment and delivery of alcoholic beverages | ||
| on consignment; (4) furnish, rent, lend, or sell to a mixed beverage | ||
| permittee any equipment, fixtures, or supplies used in the selling | ||
| or dispensing of alcoholic beverages; Texas Alcoholic Beverage Code | ||
| (2017) 135 (5) pay or make an allowance to a mixed beverage | ||
| permittee for a special advertising or distributing service, or | ||
| allow the permittee an excessive discount; (6) offer to a mixed | ||
| beverage permittee a prize, premium, or other inducement, except as | ||
| permitted by Section 102.07 (b) of this code; or (7) advertise in | ||
| the convention program or sponsor a function at a meeting or | ||
| convention or a trade association of holders of mixed beverage | ||
| permits, unless the trade association was incorporated before 1950. | ||
| SECTION 4. Section 102.07(a)(1), Alcoholic Beverage Code, | ||
| is amended to read as follows: | ||
| (a) Except as provided in Subsections (b), (d), and (g), no | ||
| person who owns or has an interest in the business of a distiller, | ||
| brewer, rectifier, wholesaler, class B wholesaler, winery, or wine | ||
| bottler, nor the agent, servant, or employee of such a person, may: | ||
| (1) except as permitted by Section 102.03(c), own or | ||
| have a direct or indirect interest in the business, premises, | ||
| equipment, or fixtures of a retailer; | ||
| SECTION 5. This Act takes effect September 1, 2019. | ||
