HBA-DMH H.B. 3400 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3400
By: Denny
Licensing & Administrative Procedures
3/27/2001
Introduced



BACKGROUND AND PURPOSE 

Some areas have held local option elections as to whether to prohibit the
sale of certain alcoholic beverages. A city located in two counties is
prevented from conducting a local option election regarding the sale of
alcohol.  House Bill 3400 provides for an election to be held by an
incorporated city or a town located in two counties that meets certain
population requirements to permit or prohibit the legal sale of wine for
off-premises consumption. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 3400 amends the Alcoholic Beverage Code relating to an election
to permit or prohibit the legal sale of a wine for off-premises consumption
by a city or town that is located in two specified counties.  The bill
requires the specified city or town, rather than the county, to conduct the
election.  The bill requires a city or town to pay the expense of the
election.  The bill provides for an action to contest the election and
specifies ballot requirements.  

The bill authorizes the holder of a wine only package store permit whose
premises is located in a wet area permitting the legal sale of wine for
off-premises consumption only as determined by an election to only
purchase, sell, or possess vinous liquor on those licensed premises. The
qualifications for a wine only package store permit whose premises is in a
wet area permitting the legal sale of beer or wine for offpremises
consumption only as determined by an election are the same as the
qualifications for a wine and beer retailer's off-premise permit. 

EFFECTIVE DATE

September 1, 2001.