89R14408 SCF-D     By: Landgraf H.B. No. 1301     Substitute the following for H.B. No. 1301:     By:  Phelan C.S.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.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 16.01, Alcoholic Beverage Code, is   amended by adding Subsection (f) to read as follows:          (f)  The holder of a winery permit may purchase malt   beverages from the holder of a distributor's license and sell those   malt beverages to ultimate consumers for consumption at a   restaurant operated by the permit holder on the winery premises.          SECTION 2.  Chapter 16, Alcoholic Beverage Code, is amended   by adding Section 16.13 to read as follows:          Sec. 16.13.  ON-PREMISES RESTAURANT.  (a)  The holder of a   winery permit may sell wine and malt beverages to ultimate   consumers for consumption at a restaurant operated by the permit   holder on the winery premises.          (b)  Food must be available at the restaurant at all times   alcoholic beverages are sold.          (c)  The holder of a winery permit who operates a restaurant   as provided by this section shall maintain and make available for   inspection by the commission on the commission's request:                (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)  a record of the hours of operation for the   restaurant, including hours during which alcoholic beverages are   available;                 (4)  a floor plan 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;                (5)  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; and                (6)  each invoice for the purchase of alcoholic   beverages sold under the permit until the fourth anniversary of the   date the alcoholic beverage was purchased.          (d)  Failure to make available any required documentation to   the commission on the commission's request or maintain a record   required by this section is:                (1)  prima facie evidence of noncompliance with the   requirements of this section; and                 (2)  grounds for the commission to take disciplinary   action against the permit holder.          SECTION 3.  Section 19.01, Alcoholic Beverage Code, is   amended to read as follows:          Sec. 19.01.  AUTHORIZED ACTIVITIES.  The holder of a   wholesaler's permit may:                (1)  purchase and import liquor from distillers,   wineries, and rectifiers who are holders of nonresident seller's   permits or from their agents;                (2)  purchase liquor from other wholesalers in the   state;                (3)  sell liquor in the original containers in which it   is received to retailers and wholesalers in this state authorized   to sell the liquor; [and]                (4)  sell liquor to qualified persons outside the   state;                (5)  sell wine to the holder of a winery permit   authorized to sell wine to ultimate consumers for consumption at a   restaurant operated by the permit holder on the winery premises   under Section 16.13; and                (6)  sell wine to the holder of a brewer's license   authorized to sell wine to ultimate consumers for consumption at a   restaurant operated by the license holder on the brewery premises   under Section 62.16.          SECTION 4.  Chapter 62, Alcoholic Beverage Code, is amended   by adding Section 62.16 to read as follows:          Sec. 62.16.  ON-PREMISES RESTAURANT.  (a)  The holder of a   brewer's license authorized to sell malt beverages to ultimate   consumers for consumption on the brewer's premises under Section   62.122 may:                (1)  purchase wine from wholesalers authorized to sell   wine;                (2)  purchase malt beverages from the holder of a   distributor's license authorized to sell malt beverages; and                (3)  sell the wine and malt beverages to ultimate   consumers for consumption at a restaurant operated by the license   holder on the brewery premises.           (b)  Food must be available at the restaurant at all times   alcoholic beverages are sold.          (c)  Section 62.122(b) does not apply to a malt beverage   purchased by the holder of a brewer's license under Subsection (a)   and sold to an ultimate consumer for consumption at a restaurant   operated by the license holder under this section.          (d)  The holder of a brewer's license who operates a   restaurant as provided by this section shall maintain and make   available for inspection by the commission on the commission's   request:                (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)  a record of the hours of operation for the   restaurant, including hours during which alcoholic beverages are   available;                (4)  a floor plan of the restaurant portion of the   licensed premises, showing the areas that are dedicated for food   preparation and service and the areas that are dedicated for   alcoholic beverage preparation and service;                (5)  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; and                (6)  each invoice for the purchase of alcoholic   beverages sold under the license until the fourth anniversary of   the date the alcoholic beverage was purchased.          (e)  Failure to make available any required documentation to   the commission on the commission's request or maintain a record   required by this section is:                (1)  prima facie evidence of noncompliance with the   requirements of this section; and                 (2)  grounds for the commission to take disciplinary   action against the license holder.          SECTION 5.  Section 102.31(a), Alcoholic Beverage Code, is   amended to read as follows:          (a)  This section applies to:                (1)  the sale of malt beverages or malt beverage   containers or the original packages in which malt beverages are   received, packaged, or contained by a distributor's licensee to a   retail dealer's on-premise or off-premise licensee, a wine and malt   beverage retailer's permittee, or a wine and malt beverage   retailer's off-premise permittee; and                (2)  the sale of malt beverages by a local distributor's   permittee, or by any licensee authorized to sell those beverages   for resale, to:                      (A)  a mixed beverage permittee;                      (B)  a winery permittee authorized to sell malt   beverages to an ultimate consumer at a restaurant operated by the   permittee under Section 16.13; or                      (C)  a brewer's licensee authorized to sell malt   beverages to an ultimate consumer at a restaurant operated by the   licensee under Section 62.16.          SECTION 6.  Section 102.32(a), Alcoholic Beverage Code, is   amended to read as follows:          (a)  In this section:                (1)  "Wholesale dealer" means a wholesaler, class B   wholesaler, winery, or local distributor's permittee.                (2)  "Retailer" means a package store, wine only   package store, wine and malt beverage retailers, wine and malt   beverage retailer's off-premise, or mixed beverage permittee, any   other retailer, or a private club registration permittee. For   purposes of this section:                      (A)  [,] the holder of a winery permit issued   under Chapter 16 is a retailer when the winery permit holder   purchases wine from the holder of a wholesaler's permit issued   under Chapter 19 for resale to ultimate consumers in unbroken   packages or for consumption on the premises of a restaurant   operated by the holder of the winery permit under Section 16.13; and                      (B)  the holder of a brewer's license issued under   Chapter 62 is a retailer when the brewer's license holder purchases   wine from the holder of a wholesaler's permit issued under Chapter   19 for resale to ultimate consumers for consumption on the premises   of a restaurant operated by the holder of the brewer's license under   Section 62.16.                (3)  "Month" means a calendar month.          SECTION 7.  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 8.  This Act takes effect September 1, 2025.