The Revised On-Site Brewery 'Sales' Bill

Update to the previous post about the on-site sales bill for microbreweries:

The substitute bill that passed out of committee yesterday technically doesn't allow on-site sales, contrary to the original intention. What got the bill out was by changing it to allow breweries to let participants in brewery tours to take home two cases of beer, but specifically disallowing the sale of "ale to an ultimate consumer."

The language of the committee substitute, which is markedly different from the original:

A BILL TO BE ENTITLED

AN ACT relating to authorizing certain brewers and manufacturers to conduct tours of their premises after which beer or ale is provided to ultimate consumers for off-premises consumption.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1 Chapter 12, Alcoholic Beverage Code, is amended by adding Section 12.07 to read as follows:

Sec. 2.07 TOUR OF PERMITTED PREMISES.

(a) The holder of a brewer 's permit may give tours of the brewery premises and may charge an admission fee for the tour.

(b) The holder of a brewer 's permit whose annual production of ale in this state does not exceed, together with the annual production of beer by the holder of a manufacturer 's license under Section 62.15 at the same premises, a total of 250,000 barrels may, at the end of a tour of the brewery premises, give ale to tour participants in unbroken packages for off-premises consumption without an additional charge.

(c) The total amount of ale a tour participant may receive in a single day under this section, together with the amount of beer the tour participant receives under Section 62.15 at the same premises, may not exceed 48 12-ounce bottles.

(d) This section does not authorize the holder of a brewer 's permit to sell ale to an ultimate consumer.

SECTION 2. Chapter 62, Alcoholic Beverage Code, is amended by adding Section 62.15 to read as follows:

Sec. 62.15 TOUR OF LICENSED PREMISES.

(a) The holder of a manufacturer 's license may give tours of the manufacturer 's premises and may charge an admission fee for the tour.

(b)The holder of a manufacturer 's license whose annual production of beer in this state does not exceed, together with the annual production of ale by the holder of a brewer's permit under Section 12.07 at the same premises, a total of 250,000 barrels may, at the end of a tour of the manufacturer 's premises, give beer to tour participants in unbroken packages for off-premises consumption without an additional charge.

(c)The total amount of beer a tour participant may receive in a single day under this section, together with the amount of ale the tour participant receives under Section 12.07 at the same premises, may not exceed 48 12-ounce bottles.

(d) This section does not authorize the holder of a brewer's permit to sell ale to an ultimate consumer.

SECTION A3. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2009.