bill creating a permit for winery and brewery restaurants

The text as introduced · 496 words

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.