TITLE: Relating to the replacement or transfer of certain retail wine stock sold for off-premises consumption.

SUMMARY: Relating to the replacement or transfer of certain retail wine stock sold for off-premises consumption.

FULL TEXT:
AN ACT relating to the replacement or transfer of certain retail wine stock sold for off-premises consumption. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Chapter 104, Alcoholic Beverage Code, is amended by adding Section 104.08 to read as follows: Sec. 104.08. REPLACEMENT OR TRANSFER OF WINE. (a) This section applies to the holder of a wine and beer retailer's off-premise permit. (b) Nothing in this code prohibits the holder of a wine and beer retailer's off-premise permit from making a claim for the replacement of wine delivered to the retailer by a wholesaler or winery in a damaged condition. A wholesaler or winery may not give a refund for or replace wine that was damaged while in the possession of the retailer. (c) To assure and control product quality, at the time of a regular delivery, a wholesaler or winery may withdraw and transfer, with the permission of the retailer and subject to Subsection (d), a quantity of wine in its undamaged original packaging from the retailer's stock if: (1) the transfer is between stores under the same ownership; (2) the stock is transferred before the date considered by the manufacturer of the product to be the date the product becomes inappropriate for sale to a consumer; and (3) the quantity of stock withdrawn and transferred each time does not exceed the equivalent of 15 cases of 20 liters or less of wine each. (d) A retailer may not transfer wine under this section more than five times a year. (e) Nothing in this code shall be construed to authorize any holder of a license or permit to transfer from one retail licensed or permitted location to another any alcoholic beverage in violation of a contractual agreement between a manufacturer of alcoholic beverages and a holder of a distributor's license or wholesaler's permit or in a manner that would violate any provision of this code that mandates an agreement concerning the rights or obligations of a holder of a distributor's license or wholesaler's permit. SECTION 2. 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.