87(R) SB 298 - Introduced version - Bill Text

	87R6364 JAM-F
	By:  Hancock	S.B.  No.  298

	A BILL TO BE ENTITLED
	AN ACT
	relating to the pickup and delivery of alcoholic beverages for
	off-premises consumption.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION  1.    The heading to Section 28.1001, Alcoholic
	Beverage Code, is amended to read as follows:
	Sec.  28.1001.    PICKUP AND [OFF-PREMISES] DELIVERY OF
	ALCOHOLIC BEVERAGES FOR OFF-PREMISES CONSUMPTION.
	SECTION  2.    Section 28.1001, Alcoholic Beverage Code, is
	amended by amending Subsections (a), (c), and (d) and adding
	Subsections (a-1), (a-2), and (e) to read as follows:
	(a)    In this section:
	(1)    "Passenger area of a motor vehicle" has the
	meaning assigned by Section 49.031, Penal Code.
	(2)    "Tamper-proof container" means a container that,
	once sealed, clearly shows whether it has been opened. The term
	includes a closed cup or similar container that is:
	(A)    placed into a bag that has been sealed with a
	zip tie or staple;
	(B)    sealed with shrink wrap or a similar seal; or
	(C)    sealed by other methods approved by rule of
	the commission.
	(a-1)    Notwithstanding any other provision of this code, the
	holder of a mixed beverage permit may deliver, or have delivered by
	a third party, including an independent contractor acting under
	Chapter 57, an alcoholic beverage from the permitted premises to an
	ultimate consumer located off-premises and in an area where the
	sale of the beverage is legal if:
	(1)    the holder of the mixed beverage permit holds a
	food and beverage certificate for the permitted premises;
	(2)    the delivery of the alcoholic beverage is made as
	part of the delivery of food prepared at the permitted premises;
	(3)    the alcoholic beverage is:
	(A)    a malt beverage [beer, ale,] or wine
	delivered in:
	(i)    an original container sealed by the
	manufacturer; or
	(ii)    a tamper-proof container that is
	sealed by the permit holder and clearly labeled with the permit
	holder's business name and the words "alcoholic beverage"; or
	(B)    an alcoholic beverage other than a malt
	beverage [beer, ale,] or wine that:
	(i)    is [,] delivered in an original,
	single-serving container sealed by the manufacturer and not larger
	than 375 milliliters; or
	(ii)    the permit holder mixes with other
	beverages or garnishes and stores in a tamper-proof container that
	is clearly labeled with the permit holder's business name and the
	words "alcoholic beverage"; and
	(4)    the delivery is not made to another [a] premises
	that is permitted or licensed under this code.
	(a-2)    Notwithstanding any other provision of this code, the
	holder of a mixed beverage permit may allow an ultimate consumer to
	pick up an alcoholic beverage described by Subsection (a-1)(3) and
	remove the beverage from the permitted premises if:
	(1)    the holder of the mixed beverage permit holds a
	food and beverage certificate for the permitted premises; and
	(2)    the pickup of the alcoholic beverage is made as
	part of the pickup of food prepared at the permitted premises.
	(c)    An alcoholic beverage picked up or [may be] delivered
	under this section may be provided only to a person who is 21 years
	of age or older after the person picking up the alcoholic beverage
	or accepting the delivery presents valid proof of identity and age
	and:
	(1)    the person picking up the alcoholic beverage or
	accepting the delivery personally signs a receipt, which may be
	electronic, acknowledging the pickup or delivery; or
	(2)    the person providing the beverage for pickup or
	making the delivery acknowledges the completion of the pickup or
	delivery through a software application.
	(d)    This section does not authorize the holder of a brewpub
	license who also h