Amends TCA Title 57.
Generally under present law, the holder of a license to sell alcoholic beverages for on-premises consumption (licensee) is prohibited from selling wine or other alcoholic beverage in any sealed or unsealed package to any patrons or customers for consumption off its premises. This bill authorizes, for a limited period of time, a licensee to offer drive-through, pickup, carryout, and delivery orders of alcoholic beverages and beer at the licensee's place of business if the sale of alcoholic beverages and beer for consumption off the licensee's premises: (1) Is accompanied by the sale of food in the same order; (2) Is packaged in a container or bottle with a secure lid or cap and in a manner designed to prevent consumption without removal of the lid or cap; and (3) Consists of single servings of alcoholic beverages or beer, or multi-serving bottles or containers of beer or wine that are lawfully sold by the licensee. This bill requires the licensee selling alcoholic beverages and beer under this bill to post a conspicuous sign containing the language "A driver shall not consume alcoholic beverages or beer while operating a motor vehicle in this state." This bill specifies that it does not authorize a licensee to sell bottles of distilled spirits. This bill also provides that an employee of a licensee or delivery service licensee is prohibited from providing or delivering alcoholic beverages or beer to a person under 21 years of age or who is visibly intoxicated. This bill requires an employee of a licensee or delivery service licensee who is providing or delivering alcoholic beverages or beer to inspect a valid, government-issued photo identification card that is acceptable to the licensee and that contains the photograph and birthdate of the purchaser confirming that the purchaser is at least 21 years of age. This bill also requires that an employee of a licensee making a delivery of alcoholic beverages or beer pursuant to this bill be at least 21 years of age and possess a valid server permit. Sales of alcoholic beverages and beer made under this bill must be in accordance with the present law provisions governing hours for sale of alcoholic beverages or beer, as applicable. Also, the licensee must collect the liquor by the drink tax imposed on alcoholic beverages for all sales of alcoholic beverages made under this bill. The licensee will not collect such tax on the sale of beer. This bill will cease to be effective on July 1, 2024, and the law in effect prior to this bill's effective date will be restored at that time. ON APRIL 21, 2021, THE HOUSE ADOPTED AMENDMENTS #1 AND #2 AND PASSED HOUSE BILL 241, AS AMENDED. AMENDMENT #1 removes authorization for delivery service from this bill and limits authorization to offer drive-through, pickup, and carryout orders to a restaurant, limited service restaurant, or wine-only restaurant that is licensed to sell alcoholic beverages and beer by the drink for consumption on the premises. This amendment replaces this bill's requirement that sales made pursuant to this bill consist of single servings of alcoholic beverages or beer, or multi-serving bottles or containers of beer or wine that are lawfully sold by the licensee. This amendment instead requires that the sales consist of, per purchase, not more than: (1) A single serving of alcoholic beverages, not to exceed 16 fluid ounces, or beer as authorized by the local beer board; or (2) A container of wine that may be lawfully sold within this state. This amendment retains the present law prohibition against licensees for on-premises consumption selling any wine or other alcoholic beverage in any sealed or unsealed package to any patrons or customers for consumption off its premises and specifies that authorization for a restaurant, limited service restaurant, or wine-only restaurant to offer drive-through, pickup, and carryout orders is an exception to such prohibition. This amendment specifies that this bill is only effective in jurisdictions that have passed referenda authorizing the retail sale of liquor and the sale of liquor by the drink under present law. This amendment changes the date that this bill will terminate and the prior law will be restored from July 1, 2024, to July 1, 2023. AMENDMENT #2 changes this bill's effective date from July 1, 2021, to upon becoming a law.
Generally under present law, the holder of a license to sell alcoholic beverages for on-premises consumption (licensee) is prohibited from selling wine or other alcoholic beverage in any sealed or unsealed package to any patrons or customers for consumption off its premises. This bill authorizes, for a limited period of time, a licensee to offer drive-through, pickup, carryout, and delivery orders of alcoholic beverages and beer at the licensee's place of business if the sale of alcoholic beverages and beer for consumption off the licensee's premises: (1) Is accompanied by the sale of food in the same order; (2) Is packaged in a container or bottle with a secure lid or cap and in a manner designed to prevent consumption without removal of the lid or cap; and (3) Consists of single servings of alcoholic beverages or beer, or multi-serving bottles or containers of beer or wine that are lawfully sold by the licensee. This bill requires the licensee selling alcoholic beverages and beer under this bill to post a conspicuous sign containing the language "A driver shall not consume alcoholic beverages or beer while operating a motor vehicle in this state." This bill specifies that it does not authorize a licensee to sell bottles of distilled spirits. This bill also provides that an employee of a licensee or delivery service licensee is prohibited from providing or delivering alcoholic beverages or beer to a person under 21 years of age or who is visibly intoxicated. This bill requires an employee of a licensee or delivery service licensee who is providing or delivering alcoholic beverages or beer to inspect a valid, government-issued photo identification card that is acceptable to the licensee and that contains the photograph and birthdate of the purchaser confirming that the purchaser is at least 21 years of age. This bill also requires that an employee of a licensee making a delivery of alcoholic beverages or beer pursuant to this bill be at least 21 years of age and possess a valid server permit. Sales of alcoholic beverages and beer made under this bill must be in accordance with the present law provisions governing hours for sale of alcoholic beverages or beer, as applicable. Also, the licensee must collect the liquor by the drink tax imposed on alcoholic beverages for all sales of alcoholic beverages made under this bill. The licensee will not collect such tax on the sale of beer. This bill will cease to be effective on July 1, 2024, and the law in effect prior to this bill's effective date will be restored at that time. ON APRIL 21, 2021, THE HOUSE ADOPTED AMENDMENTS #1 AND #2 AND PASSED HOUSE BILL 241, AS AMENDED. AMENDMENT #1 removes authorization for delivery service from this bill and limits authorization to offer drive-through, pickup, and carryout orders to a restaurant, limited service restaurant, or wine-only restaurant that is licensed to sell alcoholic beverages and beer by the drink for consumption on the premises. This amendment replaces this bill's requirement that sales made pursuant to this bill consist of single servings of alcoholic beverages or beer, or multi-serving bottles or containers of beer or wine that are lawfully sold by the licensee. This amendment instead requires that the sales consist of, per purchase, not more than: (1) A single serving of alcoholic beverages, not to exceed 16 fluid ounces, or beer as authorized by the local beer board; or (2) A container of wine that may be lawfully sold within this state. This amendment retains the present law prohibition against licensees for on-premises consumption selling any wine or other alcoholic beverage in any sealed or unsealed package to any patrons or customers for consumption off its premises and specifies that authorization for a restaurant, limited service restaurant, or wine-only restaurant to offer drive-through, pickup, and carryout orders is an exception to such prohibition. This amendment specifies that this bill is only effective in jurisdictions that have passed referenda authorizing the retail sale of liquor and the sale of liquor by the drink under present law. This amendment changes the date that this bill will terminate and the prior law will be restored from July 1, 2024, to July 1, 2023. AMENDMENT #2 changes this bill's effective date from July 1, 2021, to upon becoming a law.
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