HB3529 - Relating to the temporary sale of alcoholic beverages at certain racing facilities.

  89R10135 SCF-F     By: McQueeney, Harless H.B. No. 3529       A BILL TO BE ENTITLED   AN ACT   relating to the temporary sale of alcoholic beverages at certain   racing facilities.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Sections 28.20(a), (b), (c), (d), (e), and (f),   Alcoholic Beverage Code, as added by Chapter 16 (S.B. 926), Acts of   the 88th Legislature, Regular Session, 2023, are amended to read as   follows:          (a)  The holder of a mixed beverage permit may temporarily   sell distilled spirits, wine , and malt beverages in an area of a   facility with a seating capacity of more than 40,000 that is open to   the public and not otherwise covered by a license or permit during a   motor vehicle racing event sponsored by a professional motor racing   association or another event held at the racing facility .          (b)  The holder of a mixed beverage permit may, under this   section, sell distilled spirits, wine , and malt beverages   [ containing alcohol in excess of one-half of one percent by volume   but not more than 17 percent by volume ] for consumption on or off   the premises where sold, but not for resale.          (c)  The holder of a mixed beverage permit may temporarily   sell distilled spirits, wine , and malt beverages for not more than   five consecutive days at an event under this section or six days if   necessary to accommodate the postponement of scheduled [ racing ]   events due to an act of nature.          (d)  The holder of a mixed beverage permit who temporarily   sells distilled spirits, wine , and malt beverages under this   section may not:                (1)  [ sell under this section at the facility more than   four times in a calendar year;                [ (2) ]  sell alcoholic beverages in factory-sealed   containers;                 (2)  [ (3) ]  sell more than two drinks to a single   consumer at one time;                [ (4)     sell alcoholic beverages at more than 50 percent   of the food and beverage concession stands that are open for   business at any one time; ] or                 (3)  [ (5) ]  sell alcoholic beverages after:                      (A)  75 percent of the feature race is complete on   the day that race is held; or                      (B)  one hour before the scheduled completion of   the last spectator event on a day other than the feature race day.          (e)  A holder of a mixed beverage permit who sells distilled   spirits, wine , or malt beverages under that permit in a county other   than the county in which the premises covered by the permit is   located shall:                (1)  purchase the beverages from a distributor or   wholesaler authorized under this code to sell the beverages in the   county in which the permit holder sells the beverages under this   section; and                (2)  report to the commission, in the manner prescribed   by the commission by rule, the amount of beverages purchased and   sold under this section, by type.          (f)  The holder of a mixed beverage permit who temporarily   sells distilled spirits, wine , and malt beverages under this   section, or any officer, agent, or employee of the permit holder,   may allow a person to:                (1)  possess and consume alcoholic beverages brought   onto the premises by the person; and                (2)  remove from the premises any alcoholic beverages   brought onto the premises by the person.          SECTION 2.  This Act takes effect September 1, 2025.