By: Patterson H.B. No. 3339       A BILL TO BE ENTITLED   AN ACT   relating to the sale and regulation of alcoholic beverages by   certain retailers.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  The Alcoholic Beverage Code is amended by adding   Chapter 27 as follows:          Sec. 27.01.  AUTHORIZED ACTIVITIES. The holder of a liquor   and malt beverage retailer's permit may:                (1)  purchase liquor in this state from the holder of a   winery, wholesaler's, or class B wholesaler's permit;                (2)  purchase malt beverages in this state from the   holder of a general or branch distributor's license;                (3)  sell liquor and malt beverages in unbroken   original containers on or from the holder's licensed premises at   retail to consumers for off-premises consumption only and not for   the purpose of resale;                (4)  sell vinous liquors in original containers of not   less than six ounces; and                (5)  sell wine and malt liquors on the permitted   premises in a separate location from liquor, in the same manner   provided in Section 105.05.          Sec. 27.03.  DELIVERIES TO CUSTOMERS. (a)  The holder of a   liquor and malt beverage retailer's permit issued for a location   within a city or town or within two miles of the corporate limits of   a city or town may make deliveries of and collections for alcoholic   beverages off the premises in areas where the sale of the beverages   is legal. The permittee must travel by the most direct route and may   make deliveries and collections only within the county or the city   or town or within two miles of its corporate limits, and only in   response to bona fide orders placed by the customer, either in   person at the premises, in writing, by mail, or by telegraph or   telephone. This section shall not be construed as preventing a   holder of a liquor and malt beverage retailer's permit from   delivering alcoholic beverages to the holder of a carrier's permit   for transportation to persons who have placed bona fide orders and   who are located in an area that the holder of a liquor and malt   beverage retailer's permit is authorized to directly deliver to   under this section. The holder of a liquor and malt beverage   retailer's permit may also deliver alcoholic beverages to the   holder of a carrier's permit for transportation outside of this   state in response to bona fide orders placed by persons authorized   to purchase the beverages.          Sec. 27.04.  LIMITATION ON PERMITTED STORE INTERESTS. (a) A   person may not hold or have an interest, directly or indirectly, in   more than 250 liquor and malt beverage retailer's permitted stores   or in their business or permit.          (b)  For the purpose of this section:                (1)  a person has an interest in any permit in which his   spouse has an interest; and                (2)  as to a corporate permittee, the stockholders,   managers, officers, agents, servants, and employees of the   corporation have an interest in the permit, business, and stores of   the corporation.          (c)  Except as provided by Sections 22.041 and 22.042, the   commission may not issue more than 15 original liquor and malt   beverage retailer's permits to a person in a calendar year.          Sec. 27.041.  ACQUISITION OF EXISTING PERMIT. (a) The   commission may issue an original liquor and malt beverage   retailer's permit to a person for an existing liquor and malt   beverage retailer's permit business if:                (1)  the person acquired by purchase or otherwise the   existing liquor and malt beverage retailer's permit business, or   other permit type which may be reclassified to a liquor and malt   beverage retailer's permit; and                (2)  the existing liquor and malt beverage retailer's   permit business has been operating in the same county for more than   one year before the date the person acquired the liquor and malt   beverage retailer's permitted business, regardless of which   license type it has previously operated under.          (b)  A liquor and malt beverage retailer's permit issued   under this section is not subject to the permit limit under Section   27.04(c).          Sec. 27.042.  RECLASSIFICATION OF EXISTING PERMITS. (a)     Subject to Section 27.04(a), an existing permit holder of a                (1)  Wine and Malt Beverage Retailer's Permit                (2)  Wine and Malt Beverage Retailer's Off-Premise   Permit, or                (3)  Wine Only Package Store Permit   may reclassify their existing permit to a liquor and malt beverage   retailer's permit.          (b)  A Permit issued under this section is not subject to the   permit limit under Section 27.04(c).          Sec. 27.05.  TRANSFER OF PERMITS. The holder of a liquor and   malt beverage retailer's permit may not transfer the permit to   another county.          Sec. 27.06.  PROHIBITED INTERESTS. (a)  No person who holds   a liquor and malt beverage retailer's permit or owns an interest in   a liquor and malt beverage retailer's permitted store may have a   direct or indirect interest in any of the following:                (1)  a brewer's, retail dealer's on-premise, or general   or branch distributor's license;                (2)  a local distributors permit or package store   permit; or                (3)  the business of any of the permits or licenses   listed in Subdivisions (1) and (2) of this subsection.          Sec. 27.08.  TRANSFER OF BEVERAGES.  (a)  The owner of more   than one liquor and malt beverage retailer's permitted store may   transfer alcoholic beverages between any of the owner's licensed   premises in the same county between the hours of 7 a.m. and 9 p.m. on   any day when the sale of those beverages is legal, subject to rules   prescribed by the commission.          (b)  The holder of a liquor and malt beverage retailer's   permit may not transport alcoholic beverages under Subsection (a)   unless:                (1)  the permit holder provides the commission with a   description, as required by the commission, of each motor vehicle   used by the permit holder to transport alcoholic beverages; and                (2)  each motor vehicle is plainly marked or lettered   to indicate that it is being used by the permit holder to transport   alcoholic beverages.          (c)  When transporting alcoholic beverages under this   section, the holder of a liquor and malt beverage retailer's permit   may not violate the motor carrier laws of this state.          Sec. 27.10.  OPENING CONTAINERS PROHIBITED.  Except as   authorized under Section 14.07, 22.18, or 37.01(d), a person may   not break or open a container containing liquor or a malt beverage   or possess an opened container of liquor or a malt beverage on the   premises of a liquor and malt beverage retailer's permitted store.          Sec. 27.11.  CONSUMPTION ON PREMISES PROHIBITED. Except as   authorized under Section 14.07, 27.18, or 37.01(d), a person may   not sell, barter, exchange, deliver, or give away any drink or   drinks of alcoholic beverages from a container that has been opened   or broken on the premises of a liquor and malt beverage retailer's   permitted store.          Sec. 27.12.  BREACH OF PEACE. The commission or   administrator may suspend or cancel a liquor and malt beverage   retailer's permit after giving the permittee notice and the   opportunity to show compliance with all requirements of law for the   retention of the permit if it finds that a breach of the peace has   occurred on the licensed premises or on premises under the control   of the permittee and that the breach of the peace was not beyond the   control of the permittee and resulted from his improper supervision   of persons permitted to be on the licensed premises or on premises   under his control.          Sec. 27.13.  AGE OF EMPLOYEES. (a)  A liquor and malt   beverage retailer's permitee may not knowingly utilize or employ   any person under the age of 21 to work on the premises of a liquor   and malt beverage retailer's permitted store, in the separate   premises selling liquor, any capacity or to deliver liquor off the   premises of liquor and malt beverage retailer's permitted store.          (c)  This section shall not apply to a person who is employed   by the person's parent or legal guardian to work in a liquor and   malt beverage retailer's permitted store that is owned by the   parent or legal guardian.          Sec. 27.14.  SEPARATE PREMISES REQUIRED. (a)  The premises   of a liquor and malt beverage retailer's permitted store shall be   completely separated from the premises of other businesses by a   solid, opaque wall from floor to ceiling, without connecting doors,   shared bathroom facilities, or shared entry foyers.          (b)  A liquor and malt beverage retailer's permitted store   may have a separate space on the same premises in which it can sell   malt beverages and wine under the rules applicable to a Wine and   Malt Beverage Retailer's Permit or Wine and Malt Beverage   Retailer's Off-Premise Permit.          (c)  The premises of a liquor and malt beverage retailer's   permitted store shall have a front door through which the public may   enter which opens onto a street, parking lot, public sidewalk, or   the public area of a mall or shopping center.          (d)  The premises of a liquor and malt beverage retailer's   permitted store shall include:                (1)  a rear or side entrance which opens onto a street,   parking lot, public sidewalk, or the public area or common area of a   mall or shopping center, which may be used for receipt and   processing of merchandise but which shall in any event serve as an   emergency exit from the premises; and                (2)  a bathroom which complies with Title III of the   Americans with Disabilities Act of 1990, as amended (42 U.S.C.   Section 12101 et seq.).          (e)  The holder of a liquor and malt beverage retailer's   permit may sell nonalcoholic products and may conduct other lawful   business on the premises of a liquor and malt beverage retailer's   permitted store, but the premises containing liquor must be closed   to entry by the general public during all hours in which the sale of   liquor by a liquor and malt beverage retailer's permitted store is   prohibited by law. For purposes of this subsection, "the general   public" shall mean retail customers and shall not include vendors,   service personnel, and other persons entering the premises for   purposes other than the purchase of goods sold on the premises.          (f)  A liquor and malt beverage retailer's permit may not be   issued to an applicant for a premises consisting of less than 75,000   square feet, inclusive of the separate liquor premises and the   other enclosed areas of the permitted premises.          Sec. 27.15.  CONDUCTING SEPARATE BUSINESSES AS A COMMON   OPERATION. (a)  No liquor and malt beverage retailer's permittee,   except for permittees wholly owned by the same persons, may conduct   business in a manner so as to directly or indirectly coordinate   operations with another liquor and malt beverage retailer's   permitted store as if they shared common ownership. For purposes of   this section, "coordinate operations as if they shared common   ownership" includes engaging in any of the following practices:                (1)  cooperatively setting prices or credit policies or   allowing any third party to do so on their behalf;                (2)  sharing advertising;                (3)  utilizing the same trade name, trademark, or   slogan as another wine, malt beverage, and distilled spirits   permitee in the same county;                (4)  sharing or utilizing the same bookkeeping or   computer-processing service, unless the bookkeeping or   computer-processing service is in the business of providing such   services to the general public;                (5)  transferring funds, merchandise, or equipment   from one wine, malt beverage, and distilled spirits permitted   business to another;                (6)  utilizing the same person as an employee or   independent contractor for two or more liquor and malt beverage   retailer's permitted store businesses in any capacity, unless, in   the case of an independent contractor, the independent contractor   is in the business of providing similar services to the general   public; and                (7)  negotiating, or allowing a third party to   negotiate, quantity discounts for alcoholic beverages to be   purchased by the liquor and malt beverage retailer's permitted   store business utilizing the sales volume of another liquor and   malt beverage retailer's permitted store business to increase the   discount.          (b)  The prohibition set forth in Subsection (a)(3)   regarding trade names, trademarks, and slogans shall not prevent   any liquor and malt beverage retailer's permittee business from   utilizing a trade name, trademark, or slogan which the business was   using on September 1, 2023.          (c)  Before the commission may renew a liquor and malt   beverage retailer's permit, an individual who is an owner or   officer of the permittee must file with the commission a sworn   affidavit stating that the permittee fully complies with the   requirements of this section.          (d)  Any liquor and malt beverage retailer's permittee who is   injured in his business or property by liquor and malt beverage   retailer's permittee by reason of anything prohibited in this   section may institute suit in any district court in the county where   the violation is alleged to have occurred to require enforcement by   injunctive procedures and to recover triple damages plus costs of   suit including reasonable attorney's fees.          Sec. 27.16.  OWNERSHIP BY PUBLIC CORPORATIONS. (a)  A liquor   and malt beverage retailer's permit may be owned or held by a public   corporation, or by any entity which is directly or indirectly owned   or controlled, in whole or in part, by a public corporation, or by   any entity which would hold the liquor and malt beverage retailer's   permit for the benefit of a public corporation.          Sec. 27.17.  SALE TO CUSTOMER IN STORE AT CLOSING.     Notwithstanding any other provision of this code, if a customer has   entered a liquor and malt beverage retailer's permitted store   during hours in which the store may sell alcohol and is still in the   store at the time the hours of legal sale end, the permittee may   allow the customer to remain in the store for a reasonable amount of   time to finish shopping, and the permittee may sell an alcoholic   beverage to that customer even though the sale occurs after the   designated end of the hours of legal sale.          Sec. 27.18.  TASTINGS. (a)  The holder of a liquor and malt   beverage retailer's permit may conduct product tastings of   distilled spirits, wine, malt beverages, or spirit-based coolers on   the permitted premises during regular business hours as provided by   this section.          (b)  Written notification of a product tasting must be posted   on the premises of the liquor and malt beverage retailer's   permitted store permit holder not later than 48 hours before the   tasting event. The notification shall clearly state:                (1)  the type and brand of alcoholic beverage to be   tasted;                (2)  the date and hours the tasting is to take place;   and                (3)  the address of the premises where the tasting is to   occur.          (c)  A copy of the notification shall be kept on file and   available for inspection on the premises during all tasting hours.          (d)  Sample portions at a product tasting shall be limited to   not more than:                (1)  one-half ounce for distilled spirits;                (2)  one ounce for wine; and                (3)  one ounce for malt beverages and coolers.          (e)  Not more than 20 different products may be made   available for tasting at any one time.          (f)  No charge of any sort may be made for a sample serving.          (g)  A person may be served more than one sample. Samples may   not be served to a minor or to an obviously intoxicated person.  A   sample may not be removed from the permitted premises.          (h)  During the tasting, not more than two containers of each   brand or type of product being tasted may be open on the premises at   one time.          (i)  At the conclusion of the tasting, all empty or open   containers of alcoholic beverages used in the tasting shall be   removed from the premises or stored in a locked, secure area on the   permitted premises.          (j)  A tasting event authorized by this section may not be   advertised except by on-site communications, by direct mail, by   electronic mail, or on the permit holder's Internet website.          (k)  Except as provided by Subsection (l) or elsewhere in   this code, a person other than the liquor and malt beverage   retailer's permittee or the permittee's agent or employee may not   dispense or participate in the dispensing of alcoholic beverages   under this section.          (l)  The holder of a distiller's or rectifier's permit or   nonresident seller's permit or that permit holder's agent or   employee may participate in and conduct product tastings of   alcoholic beverages at a retailer's premises and may open, touch,   or pour alcoholic beverages, make a presentation, or answer   questions at the tasting. Any alcoholic beverage tasted under this   subsection must be purchased from the liquor and malt beverage   retailer's permit holder on whose premises the tasting is held. The   permit holder may not require the purchase of more alcoholic   beverages than are necessary for the tasting. This section does not   authorize the holder of a distiller's or rectifier's permit or   nonresident seller's permit or that permit holder's agent or   employee to withdraw or purchase an alcoholic beverage from the   holder of a wholesaler's permit or provide an alcoholic beverage   for tasting on a retailer's premises that is not purchased from the   retailer.          (m)  For the purposes of this code and any other law or   ordinance, a liquor and malt beverage retailer's permit does not   authorize the sale of alcoholic beverages for on-premise   consumption within the portion of the premises selling liquor.          SECTION 2.  This Act takes effect September 1, 2023.