Sec. 32.155. PICKUP AND DELIVERY OF ALCOHOLIC BEVERAGES FOR OFF-PREMISES CONSUMPTION. (a) In this section: (1) "Passenger area of a motor vehicle" has the meaning assigned by Section 49.031 , Penal Code. (2) "Tamper-proof container" has the meaning assigned by Section 28.1001 . (b) Notwithstanding any other provision of this code, the holder of a private club registration permit may deliver, or have delivered by a third party, including an independent contractor acting under Chapter 57 , as added by Chapter 441 (S.B. 1450), Acts of the 86th Legislature, Regular Session, 2019, an alcoholic beverage from the permitted premises to an ultimate consumer located off-premises and in the county in which the private club is located if: (1) the holder of the private club registration permit holds a food and beverage certificate for the permitted premises; (2) the delivery of the alcoholic beverage is made as part of the delivery of food prepared at the permitted premises; (3) the ultimate consumer is a member of the club; (4) the alcoholic beverage is: (A) a malt beverage or wine delivered in: (i) an original container sealed by the manufacturer; or (ii) a tamper-proof container that is sealed by the permit holder and clearly labeled with the name of the private club registration permit holder and the words "alcoholic beverage"; or (B) an alcoholic beverage other than a malt beverage or wine that: (i) is delivered in an original, single-serving container sealed by the manufacturer and not larger than 375 milliliters; or (ii) the permit holder mixes with other beverages or garnishes and stores in a tamper-proof container that is clearly labeled with the name of the private club registration permit holder and the words "alcoholic beverage"; and (5) the delivery is not made to another premises that is permitted or licensed under this code. (c) Notwithstanding any other provision of this code, the holder of a private club registration permit may allow an ultimate consumer to pick up an alcoholic beverage described by Subsection (b)(4) and remove the beverage from the permitted premises if: (1) the holder of the private club registration permit holds a food and beverage certificate for the permitted premises; (2) the pickup of the alcoholic beverage is made as part of the pickup of food prepared at the permitted premises; and (3) the ultimate consumer is a member of the club. (d) An alcoholic beverage picked up or delivered under this section may be provided only to a person who is 21 years of age or older after the person picking up the alcoholic beverage or accepting the delivery presents valid proof of identity and age and: (1) the person picking up the alcoholic beverage or accepting the delivery personally signs a receipt, which may be electronic, acknowledging the pickup or delivery; or (2) the person providing the beverage for pickup or making the delivery acknowledges the completion of the pickup or delivery through a software application. (e) A person who picks up or delivers an alcoholic beverage described by Subsection (b)(4)(A)(ii) or (b)(4)(B)(ii) may not transport the alcoholic beverage in the passenger area of a motor vehicle.
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