89R3943 SCF-D     By: Landgraf H.B. No. 1301       A BILL TO BE ENTITLED   AN ACT   relating to the sale of wine and malt beverages by certain alcoholic   beverage manufacturers at a restaurant operated by the   manufacturer; creating a wine, malt beverage, and food permit.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subtitle A, Title 3, Alcoholic Beverage Code, is   amended by adding Chapter 59 to read as follows:   CHAPTER 59. WINE, MALT BEVERAGE, AND FOOD PERMIT          Sec. 59.001.  QUALIFICATION FOR PERMIT. A wine, malt   beverage, and food permit may be issued only to the holder of a   winery permit or a brewer's license who operates a restaurant on the   permitted or licensed premises.          Sec. 59.002.  AUTHORIZED ACTIVITIES. (a) The holder of a   wine, malt beverage, and food permit may sell wine and malt   beverages to ultimate consumers for consumption at a restaurant   operated on the holder's permitted or licensed premises.          (b)  Food must be available at all times alcoholic beverages   are sold.          Sec. 59.003.  INFORMATION REQUIRED OF APPLICANTS. In   addition to the information required of applicants for permits   under this code, an applicant for a wine, malt beverage, and food   permit shall provide to the commission in the form and manner   prescribed by the commission in the original and each renewal   permit application:                (1)  a menu or list of all food and beverages to be   offered for sale at the restaurant, including prices;                 (2)  a list of equipment used by the restaurant for food   preparation;                (3)  the hours of operation for the restaurant,   including hours during which alcoholic beverages are available;                 (4)  any existing sales data for the restaurant, or if   none is available, projected sales for food, alcoholic beverages,   and any other major categories of sales by the restaurant; and                (5)  a floorplan of the restaurant portion of the   permitted premises, showing the areas that are dedicated for food   preparation and service and the areas that are dedicated for   alcoholic beverage preparation and service.          Sec. 59.004.  RECORDS. (a) A permit holder shall:                (1)  maintain a summary of daily sales, separating the   total sales for:                      (A)  alcoholic beverages;                       (B)  food; and                       (C)  any other major sales categories, including   nonalcoholic beverages;                (2)  maintain each invoice for the purchase of   alcoholic beverages sold under the permit until the fourth   anniversary of the date the alcoholic beverage was purchased; and                (3)  make the invoices described by Subdivision (2)   available for inspection by the commission on the commission's   request.          (b)  Failure to submit any required documentation to the   commission or maintain a record required by this section is:                (1)  prima facie evidence of noncompliance with the   requirements of this chapter; and                 (2)  grounds for the commission to take disciplinary   action against the permit holder.          SECTION 2.  As soon as practicable after the effective date   of this Act, the Texas Alcoholic Beverage Commission shall adopt   rules necessary to implement the changes in law made by this Act.          SECTION 3.  This Act takes effect September 1, 2025.