Bill Caption

Relating to solicitation to buy drinks for consumption by a retailer.

Fiscal Notes

No significant fiscal impact to the State or local governments is expected.

Bill Analysis

HB 3982 would change the Alcoholic Beverage Code to clarify that solicitation of any person to buy drinks for consumption by the retailer or any of the retailer’s employees and that "solicitation" is presumed if an alcoholic beverage is sold or offered for sale for an amount in excess of the retailer’s listed, advertised, or customary price. The presumption may be rebutted only by evidence presented under oath.

HB 3982 would also make some clarifying changes neutralizing gender in the code. 

Vote Recommendation Notes

HB 3982 is seeking to target a very specific practice where employees of the retailer or bar attempt to persuade patrons into buying unknowingly heavily marked up drinks. This seems like an easy situation to avoid from a consumer/patron perspective. However, this does seem like a deceptive trade practice and this bill would help provide means of catching/enforcing compliance. We are neutral on this legislation.