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A BILL TO BE ENTITLED
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AN ACT
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relating to the consumption of alcoholic beverages on certain |
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premises; providing a penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle A, Title 3, Alcoholic Beverage Code, is |
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amended by adding Chapter 56 to read as follows: |
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CHAPTER 56. ON-PREMISES CONSUMPTION ONLY PERMIT |
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Sec. 56.01. AUTHORIZED ACTIVITIES. The holder of an |
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on-premises consumption only permit may allow a person to: |
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(1) consume alcoholic beverages on the permitted |
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premises; and |
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(2) bring alcoholic beverages onto or possess |
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alcoholic beverages on the permitted premises for the purpose of |
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consumption by the person on the permitted premises. |
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Sec. 56.02. ON-PREMISES CONSUMPTION ONLY PERMIT REQUIRED. |
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A person is required to obtain a permit under this chapter if the |
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person: |
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(1) operates a commercial establishment described by |
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Section 243.002, Local Government Code, other than an establishment |
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exempt from regulation under Chapter 243, Local Government Code; |
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(2) allows persons to: |
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(A) consume alcoholic beverages on the |
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establishment's premises; or |
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(B) bring alcoholic beverages onto or possess |
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alcoholic beverages on the establishment's premises for the purpose |
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of consumption on the establishment's premises; and |
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(3) is not covered by or required to be covered by a |
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license or permit under this code authorizing the sale or service of |
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alcoholic beverages. |
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Sec. 56.03. FEE. The annual state fee for an on-premises |
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consumption only permit is $3,000. |
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Sec. 56.04. PUBLIC PLACE. A commercial establishment that |
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is required to hold a permit under this chapter is a public place. |
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Sec. 56.05. PENALTY. (a) A person who operates a |
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commercial establishment or that person's agent commits an offense |
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if: |
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(1) the person or that person's agent allows a person |
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to: |
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(A) consume alcoholic beverages on the |
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establishment's premises; or |
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(B) bring alcoholic beverages onto or possess |
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alcoholic beverages on the establishment's premises for the purpose |
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of consumption on the establishment's premises; |
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(2) the establishment is required to be covered by an |
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on-premises consumption only permit under this chapter; and |
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(3) the establishment is not covered by an on-premises |
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consumption only permit under this chapter. |
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(b) An offense under this section is a Class C misdemeanor, |
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except that the offense is a: |
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(1) Class B misdemeanor if it is shown on the trial of |
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the offense that the person has previously been convicted of an |
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offense under this section one time; or |
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(2) Class A misdemeanor if it is shown on the trial of |
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the offense that the person has previously been convicted of an |
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offense under this section two or more times. |
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SECTION 2. On or before November 1, 2013, the Texas |
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Alcoholic Beverage Commission shall adopt all rules necessary to |
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implement Chapter 56, Alcoholic Beverage Code, as added by this |
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Act. |
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SECTION 3. (a) Except as provided by Subsection (b) of this |
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section, this Act takes effect September 1, 2013. |
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(b) Section 56.05, Alcoholic Beverage Code, as added by this |
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Act, takes effect January 1, 2014. |