bill defining spirit coolers for alcohol permittees

The text as introduced · 1,382 words

By: Vasut
H.B. No. 4077

A BILL TO BE ENTITLED

AN ACT

relating to the sale of spirit coolers by certain alcoholic

beverage permittees.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 1.04, Alcoholic Beverage Code, is

amended by amending Subdivisions (3) and (5) and adding Subdivision

(32) to read as follows:

(3) "Distilled spirits" means alcohol, spirits of

wine, whiskey, rum, brandy, gin, or any liquor produced in whole or

in part by the process of distillation, including all dilutions or

mixtures of them, and includes spirit coolers [ that may have an

alcoholic content as low as four percent alcohol by volume and that

contain plain, sparkling, or carbonated water and may also contain

one or more natural or artificial blending or flavoring

ingredients ].

(5) "Liquor" means any alcoholic beverage, other than

a malt beverage, containing alcohol in excess of five percent by

volume, unless otherwise indicated , and any spirit cooler . Proof

that an alcoholic beverage is alcohol, spirits of wine, whiskey,

liquor, wine, brandy, gin, rum, tequila, mescal, habanero, or

barreteago, is prima facie evidence that it is liquor.

(32) "Spirit cooler" means an alcoholic beverage that:

(A) consists of:

(i) alcohol, spirits of wine, whiskey, rum,

brandy, gin, or any liquor produced in whole or in part by the

process of distillation; and

(ii) plain, sparkling, or carbonated water,

or juices, and may also contain one or more natural or artificial

blending or flavoring ingredients; and

(B) has an alcoholic content of at least one-half

of one percent by volume but not more than 17 percent by volume.

SECTION 2. Section 24.01(a), Alcoholic Beverage Code, is

amended to read as follows:

(a) The holder of a wine only package store permit may:

(1) purchase wine and vinous liquors in this state

from the holder of a winery, wholesaler's, or class B wholesaler's

permit;

(2) purchase malt beverages from the holder of a

general or branch distributor's license; [ and ]

(3) purchase spirit coolers from the holder of a

wholesaler's permit; and

(4) sell those beverages to consumers at retail on or

from the licensed premises in unbroken original containers of not

less than six ounces for off-premises consumption only and not for

the purpose of resale.

SECTION 3. Section 24.07, Alcoholic Beverage Code, is

amended to read as follows:

Sec. 24.07. HOURS OF SALE. A holder of a wine only package

store permit may remain open and sell malt beverages, wine, spirit

coolers, and vinous liquors, for off-premises consumption only, on

any day and during the same hours as those prescribed for the sale

of malt beverages under Section 105.05, except that the permittee

may not sell wine or vinous liquor containing more than 17 percent

alcohol by volume on a Sunday or after 10 p.m. on any day.

SECTION 4. Sections 24.12(a), (b), and (d), Alcoholic

Beverage Code, are amended to read as follows:

(a) The holder of a wine only package store permit may

conduct free product samplings of wine , spirit coolers, or malt

beverages on the permit holder's premises during regular business

hours as provided by this section.

(b) An agent or employee of the holder of a wine only package

store permit may open, touch, or pour wine , spirit coolers, or malt

beverages, make a presentation, or answer questions at a sampling

event.

(d) Any wine , spirit coolers, or malt beverages used in a

sampling event under this section must be purchased from or

provided by the retailer on whose premises the sampling event is

held. The retailer may not require the purchase of more alcoholic

beverages than are necessary for the tasting. This section does not

authorize the holder of a 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.

SECTION 5. Chapter 24, Alcoholic Beverage Code, is amended

by adding Section 24.13 to read as follows:

Sec. 24.13. AUTHORITY REGARDING SPIRIT COOLERS. The

provisions of this chapter relating to spirit coolers apply only to

the holder of a wine only package store permit whose premises is

located in an area where the sale of alcoholic beverages is legal as

provided by a ballot issue approved by the voters under Section

501.035(b)(5), (6), or (7), Election Code.

SECTION 6. Section 25.01, Alcoholic Beverage Code, is

amended to read as follows:

Sec. 25.01. AUTHORIZED ACTIVITIES. The holder of a wine and

malt beverage retailer's permit may sell:

(1) for consumption on or off the premises where sold,

but not for resale, wine and malt beverages containing alcohol in

excess of one-half of one percent by volume and not more than 17

percent by volume; [ and ]

(2) for consumption on the premises, the following

beverages containing alcohol in excess of one-half of one percent

by volume and not more than 24 percent by volume:

(A) traditional port or sherry;

(B) dessert-flavored wine; or

(C) rice wine ; and

(3) for consumption off the premises, but not for

resale, spirit coolers .

SECTION 7. Section 25.09(a), Alcoholic Beverage Code, is

amended to read as follows:

(a) Except as provided by this section, a wine and malt

beverage retailer's permittee or an officer of the permittee may

not possess on the licensed premises:

(1) distilled spirits , other than spirit coolers; or

(2) liquor containing alcohol in excess of 17 percent

by volume [ on the licensed premises ].

SECTION 8. Chapter 25, Alcoholic Beverage Code, is amended

by adding Section 25.145 to read as follows:

Sec. 25.145. AUTHORITY REGARDING SPIRIT COOLERS. The

provisions of this chapter relating to spirit coolers apply only to

the holder of a wine and malt beverage retailer's permit whose

premises is located in an area where the sale of alcoholic beverages

is legal as provided by a ballot issue approved by the voters under

Section 501.035(b)(5), (6), or (7), Election Code.

SECTION 9. Sections 26.01(a) and (b), Alcoholic Beverage

Code, are amended to read as follows:

(a) The holder of a wine and malt beverage retailer's

off-premise permit may sell for off-premises consumption only, in

unbroken original containers, but not for resale, wine , spirit

coolers, and malt beverages containing alcohol in excess of

one-half of one percent by volume but not more than 17 percent by

volume.

(b) The holder of a wine and malt beverage retailer's

off-premise permit may conduct free product samplings of wine ,

spirit coolers, and malt beverages containing alcohol in excess of

one-half of one percent by volume but not more than 17 percent by

volume on the permit holder's premises during regular business

hours as provided by Section 26.08.

SECTION 10. Sections 26.08(a) and (c), Alcoholic Beverage

Code, are amended to read as follows:

(a) An employee of the holder of a wine and malt beverage

retailer's off-premise permit may open, touch, or pour wine , spirit

coolers, or malt beverages, make a presentation, or answer

questions at a sampling event.

(c) Any wine , spirit coolers, or malt beverages used in a

sampling event under this section must be purchased from or

provided by the retailer on whose premises the sampling event is

held. This section does not authorize the holder of a wine and malt

beverage retailer's off-premise permit to withdraw or purchase

alcoholic beverages from the holder of a wholesaler's permit or a

distributor's license or provide alcoholic beverages for a sampling

on a retailer's premises that is not purchased from the retailer.

The amount of alcoholic beverages purchased from the retailer may

not exceed the amount of alcoholic beverages used in the sampling

event.

SECTION 11. Chapter 26, Alcoholic Beverage Code, is amended

by adding Section 26.09 to read as follows:

Sec. 26.09. AUTHORITY REGARDING SPIRIT COOLERS. The

provisions of this chapter relating to spirit coolers apply only to

the holder of a wine and malt beverage retailer's off-premise

permit whose premises is located in an area where the sale of

alcoholic beverages is legal as provided by a ballot issue approved

by the voters under Section 501.035(b)(5), (6), or (7), Election

Code.

SECTION 12. This Act takes effect September 1, 2025.