reglab/housing_qa huggingface dataset:
TX Alco Bev Code § 102.31 (2021)
2021 Texas Statutes|Alcoholic Beverage Code|Title 4 - Regulatory and Penal Provisions|Chapter 102 - Intra-Industry Relationships|Subchapter B. Regulation of Credit Transactions|Section 102.31. Cash Payment Required

Sec. 102.31.  CASH PAYMENT REQUIRED.  (a)  This section applies to:(1)  the sale of malt beverages or malt beverage containers or the original packages in which malt beverages are received, packaged, or contained by a distributor's licensee to a retail dealer's on-premise or off-premise licensee, a wine and malt beverage retailer's permittee, or a wine and malt beverage retailer's off-premise permittee; and(2)  the sale of malt beverages by a local distributor's permittee, or by any licensee authorized to sell those beverages for resale, to a mixed beverage permittee.(b)  No person directly or indirectly, or through a subsidiary, affiliate, agent, employee, officer, director, or firm member, may make a sale covered by this section except for cash on or before delivery to the purchaser.(c)  A person who engages in a subterfuge by which credit is extended to the purchaser violates this code.  Acceptance of a postdated check is not a cash sale, but a valid check or draft payable on demand may be accepted as cash.  If a check or draft is accepted in payment, it must be deposited in the bank for payment or presented for payment within two days after it is received.  If the check or draft is dishonored by the drawee, the licensee or permittee who accepted it shall report that fact to the commission within two days after receiving notice of dishonor.  The report shall be on a form prescribed by the commission and shall contain any information the commission requires.(d)  Sundays and legal holidays are not counted in determining time periods under this section.(e)  The commission may promulgate rules to give effect to this section.|Acts 1977, 65th Leg., p. 502, ch. 194, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1979, 66th Leg., p. 55, ch. 33, Sec. 8, eff. Aug. 27, 1979.Amended by: Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 298, eff. September 1, 2021.|
TX Alco Bev Code § 102.51 (2021)
2021 Texas Statutes|Alcoholic Beverage Code|Title 4 - Regulatory and Penal Provisions|Chapter 102 - Intra-Industry Relationships|Subchapter C. Territorial Limits on Sale of Malt Beverages|Section 102.51. Setting of Territorial Limits

Sec. 102.51.  SETTING OF TERRITORIAL LIMITS.  (a)  Each holder of a brewer's or nonresident brewer's license shall designate territorial limits in this state within which the brands of malt beverages the licensee brews may be sold by general or branch distributor's licensees.(b)  Each holder of a general or branch distributor's license shall enter into a written agreement with each brewer from which the distributor purchases malt beverages for distribution and sale in this state setting forth the sales territory within which each brand of malt beverage purchased by that distributor may be distributed and sold.  No holder of a general or branch distributor's license shall make any sales of any brand of malt beverage outside the sales territory specified in the written agreement.  No such agreement shall interfere with the rights of retailers to purchase malt beverages as provided in Section 102.53.  A brewer may not assign all or any part of the same sales territory to more than one distributor.  A copy of the agreement and any amendments to it shall be filed with the administrator.(c)  This Act is promulgated pursuant to the authority of the state under the provisions of the Twenty-first Amendment to the United States Constitution to promote the public interest in the fair, efficient, and competitive distribution of malt beverages, to increase competition in such areas, and to assure product quality control and accountability by allowing brewers to assign sales territories within this state.|Acts 1977, 65th Leg., p. 504, ch. 194, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1983, 68th Leg., p. 5229, ch. 959, Sec. 1, eff. Aug. 29, 1983;  Acts 1995, 74th Leg., ch. 152, Sec. 1, eff. May 19, 1995.Amended by: Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 301, eff. September 1, 2021.|
TX Alco Bev Code § 102.52 (2021)
2021 Texas Statutes|Alcoholic Beverage Code|Title 4 - Regulatory and Penal Provisions|Chapter 102 - Intra-Industry Relationships|Subchapter C. Territorial Limits on Sale of Malt Beverages|Section 102.52. Rights of Distributors

Sec. 102.52.  RIGHTS OF DISTRIBUTORS.  Nothing in Section 102.51 limits or alters the right of a holder of a general or branch distributor's license to sell malt beverages to any other holder of a general or branch distributor's license, except that a distributor who has purchased malt beverages from another distributor may distribute and sell the malt beverages only within a territory for which the brewer of the brand has designated that it may be sold by the general or branch distributor making the purchase.|Acts 1977, 65th Leg., p. 504, ch. 194, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1979, 66th Leg., p. 55, ch. 33, Sec. 9, eff. Aug. 27, 1979;  Acts 1993, 73rd Leg., ch. 934, Sec. 67, eff. Sept. 1, 1993.Amended by: Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 302, eff. September 1, 2021.|
TX Alco Bev Code § 102.53 (2021)
2021 Texas Statutes|Alcoholic Beverage Code|Title 4 - Regulatory and Penal Provisions|Chapter 102 - Intra-Industry Relationships|Subchapter C. Territorial Limits on Sale of Malt Beverages|Section 102.53. Rights of Retailers

Sec. 102.53.  RIGHTS OF RETAILERS.  Nothing in Section 102.51 or 102.52 limits or alters the right of a holder of a retail license or permit to purchase malt beverages at the licensed premises of any general or branch distributor's licensee in the state and transport those malt beverages to the licensee's licensed premises, except that the retailer may sell the malt beverages only within a territory for which the brewer of the brand has designated that the malt beverages may be sold by a distributor.|Acts 1977, 65th Leg., p. 504, ch. 194, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1979, 66th Leg., p. 55, ch. 33, Sec. 10, eff. Aug. 27, 1979.Amended by: Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 303, eff. September 1, 2021.|
TX Alco Bev Code § 102.55 (2021)
2021 Texas Statutes|Alcoholic Beverage Code|Title 4 - Regulatory and Penal Provisions|Chapter 102 - Intra-Industry Relationships|Subchapter C. Territorial Limits on Sale of Malt Beverages|Section 102.55. Territorial Assignments; Definitions

Sec. 102.55.  TERRITORIAL ASSIGNMENTS;  DEFINITIONS.  (a)  In this subchapter and Subchapter D, and as the terms relate to an agreement between a brewer and a distributor describing the sales territory in which a distributor may sell the malt beverages of a brewer:(1)  "Brand" means any word, name, group of letters, symbol, or trademark or a combination of any word, name, group of letters, symbol, or trademark that is adopted and used by a brewer on a label or on packaging to identify a specific malt beverage and to distinguish the malt beverage product from the label or packaging of another malt beverage produced or marketed by any brewer.  The term does not include the name of the brewer unless the name of the brewer is included in the name of the brand.(2)  "Brand extension" means a brand that incorporates a brand name or brand logo, or a substantial part of an existing brand name or brand logo, of the same brewer.(3)  "Brewer" means a person who holds a license issued under Chapter 62, 63, or 74.(b)  A brand extension is not a new or different brand.(c)  A brewer shall assign a brand extension to the distributor to whom the brand was originally assigned, if the distributor elects to distribute and sell the brand extension.|Added by Acts 1995, 74th Leg., ch. 152, Sec. 2, eff. May 19, 1995.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 750 (S.B. 515), Sec. 7, eff. June 14, 2013.Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 306, eff. September 1, 2021.|
TX Alco Bev Code § 102.56 (2021)
2021 Texas Statutes|Alcoholic Beverage Code|Title 4 - Regulatory and Penal Provisions|Chapter 102 - Intra-Industry Relationships|Subchapter C. Territorial Limits on Sale of Malt Beverages|Section 102.56. Application of Territorial Limits to Certain Permit Holders

Sec. 102.56.  APPLICATION OF TERRITORIAL LIMITS TO CERTAIN PERMIT HOLDERS.  (a)  This section applies only to a holder of a local distributor's permit under Chapter 23 that operates in a county in which 8,000 or more alcoholic beverage licenses or permits of any type have been issued under this code and are in effect.  Subsections (b) and (d) apply only to the delivery of a brand of malt beverage to a holder of a mixed beverage permit or a private club permit whose premises is located in a county in which 8,000 or more alcoholic beverage licenses or permits of any type have been issued under this code and are in effect.(b)  A holder of a local distributor's permit under Chapter 23 who has purchased a brand of malt beverage from the holder of a general or branch distributor's license may not deliver the brand of malt beverage to any holder of a mixed beverage permit or private club permit whose premises is located inside that county and outside the territory assigned to the distributor who sold the product under a territorial limit agreement authorized by this subchapter.(c)  Except as provided by Subsection (d), a holder of a local distributor's permit may purchase a brand of malt beverage only from a distributor who has been assigned the territory where the premises of the holder of the local distributor's permit is located.(d)  A holder of a local distributor's permit who delivers a brand of malt beverage to a holder of a mixed beverage permit or private club permit whose premises is located inside that county and outside the assigned territory where the premises of the holder of a local distributor's permit is located must purchase the brand of malt beverage from a distributor who has been assigned the territory where the premises of the holder of the mixed beverage or private club permit is located.|Added by Acts 1997, 75th Leg., ch. 1164, Sec. 1, eff. Sept. 1, 1997.Amended by: Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 307, eff. September 1, 2021.|Text of subchapter effective on September 1, 2021
TX Alco Bev Code § 102.71 (2021)
2021 Texas Statutes|Alcoholic Beverage Code|Title 4 - Regulatory and Penal Provisions|Chapter 102 - Intra-Industry Relationships|Subchapter D. Malt Beverage Industry Fair Dealing Law|Section 102.71. Definitions

Sec. 102.71.  DEFINITIONS.  In this subchapter:(1)  "This Act" means this subchapter which shall have the short title and may be cited as the "Malt Beverage Industry Fair Dealing Law."(2)  "Agreement" means any contract, agreement, or arrangement, whether expressed or implied, whether oral or written, for a definite or indefinite period between a brewer and a distributor pursuant to which a distributor has the right to purchase, resell, and distribute any brand or brands of malt beverage offered by a brewer.(3)  "Distributor" means those persons licensed under Section 64.01 or 65.01 of this code.(4)  "Brewer" means those persons licensed under Section 62.01, 63.01, or 74.01.(6)  "Good cause" means the failure by any party to an agreement, without reasonable excuse or justification, to comply substantially with an essential, reasonable, and commercially acceptable requirement imposed by the other party under the terms of an agreement.(5)  "Territory" or "sales territory" means the geographic area of distribution and sale responsibility designated by an agreement between a distributor and brewer, as provided in Section 102.51 of this code, for any brands of the brewer.|Added by Acts 1981, 67th Leg., p. 60, ch. 26, Sec. 1, eff. April 8, 1981.Amended by: Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 309, eff. September 1, 2021.|
TX Alco Bev Code § 102.72 (2021)
2021 Texas Statutes|Alcoholic Beverage Code|Title 4 - Regulatory and Penal Provisions|Chapter 102 - Intra-Industry Relationships|Subchapter D. Malt Beverage Industry Fair Dealing Law|Section 102.72. Purposes

Sec. 102.72.  PURPOSES.  (a)  This Act is promulgated pursuant to authority of the state under the provisions of the 21st amendment to the United States Constitution to promote the public's interest in the fair, efficient, and competitive distribution of malt beverages within this state by requiring brewers and distributors to conduct their business relations so as to assure:(1)  that the malt beverage distributor is free to manage its business enterprise, including the right to independently establish its selling prices; and(2)  that the public, retailers, and brewers are served by distributors who will devote their reasonable efforts and resources to the sales and distribution of all the brewer's products which the distributor has the right to sell and distribute and maintain satisfactory sales levels in the sales territory assigned the distributor.(b)  This Act shall govern all relations between brewers and their distributors, including any renewals or amendments to agreements between them, to the full extent consistent with the constitutions and laws of this state and the United States.(c)  The effect of this Act may not be varied by agreement.  Any agreement purporting to do so is void and unenforceable to the extent of such variance only.|Added by Acts 1981, 67th Leg., p. 60, ch. 26, Sec. 1, eff. April 8, 1981.Amended by: Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 310, eff. September 1, 2021.|
TX Alco Bev Code § 102.73 (2021)
2021 Texas Statutes|Alcoholic Beverage Code|Title 4 - Regulatory and Penal Provisions|Chapter 102 - Intra-Industry Relationships|Subchapter D. Malt Beverage Industry Fair Dealing Law|Section 102.73. Termination and Notice of Cancellation

Sec. 102.73.  TERMINATION AND NOTICE OF CANCELLATION.  (a)  Except as provided in Subsection (c), and except as may be specifically agreed upon at the time by the parties, a brewer or beer distributor may not cancel, fail to renew, or otherwise terminate an agreement unless the brewer or distributor furnishes prior notification in accordance with Subsection (b) to the affected party.(b)  The notification required under Subsection (a) of this section shall be in writing and must be received by the affected party not less than 90 days before the date on which the agreement will be cancelled, not renewed, or otherwise terminated.  Such notification shall contain a statement of intention to cancel, failure to renew, or otherwise terminate an agreement, a statement of reasons therefor, and the date on which such action shall take effect.(c)  A brewer or distributor may cancel, fail to renew, or otherwise terminate an agreement without furnishing any prior notification for any of the following reasons:(1)  in the event of insolvency or bankruptcy or dissolution or liquidation of the other party;(2)  in the event the other party shall make an assignment for the benefit of creditors or similar disposition of substantially all of the assets of such party's business;(3)  in the event of a conviction or plea of guilty or no contest to a charge of violating a law or regulation or the revocation or suspension of a license or permit for a period of 30 days or more relating to the business and which materially and adversely affects the party's ability to continue in business; or(4)  in the event of the failure to pay amounts owing the other when due, upon demand therefor, in accordance with agreed payment terms.|Added by Acts 1981, 67th Leg., p. 60, ch. 26, Sec. 1, eff. April 8, 1981.Amended by: Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 311, eff. September 1, 2021.|
TX Alco Bev Code § 102.74 (2021)
2021 Texas Statutes|Alcoholic Beverage Code|Title 4 - Regulatory and Penal Provisions|Chapter 102 - Intra-Industry Relationships|Subchapter D. Malt Beverage Industry Fair Dealing Law|Section 102.74. Cancellation

Sec. 102.74.  CANCELLATION.  A malt beverage brewer or distributor may not cancel, fail to renew, or otherwise terminate an agreement unless the party intending such action has good cause for such cancellation, failure to renew, or termination and, in any case in which prior notification is required under Section 102.73, the party intending to act has furnished said prior notification and the affected party has not eliminated the reasons specified in such notification as the reasons for cancellation, failure to renew, or termination within 90 days after the receipt of such notification.|Added by Acts 1981, 67th Leg., p. 60, ch. 26, Sec. 1, eff. April 8, 1981.Amended by: Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 312, eff. September 1, 2021.|
TX Alco Bev Code § 102.75 (2021)
2021 Texas Statutes|Alcoholic Beverage Code|Title 4 - Regulatory and Penal Provisions|Chapter 102 - Intra-Industry Relationships|Subchapter D. Malt Beverage Industry Fair Dealing Law|Section 102.75. Prohibited Conduct

Sec. 102.75.  PROHIBITED CONDUCT.  (a)  A brewer may not:(1)  induce or coerce, or attempt to induce or coerce, any distributor to engage in any illegal act or course of conduct;(2)  require a distributor to assent to any unreasonable requirement, condition, understanding, or term of an agreement prohibiting a distributor from selling the product of any other brewer;(3)  fix or maintain the price at which a distributor may resell malt beverages;(4)  fail to provide to each distributor of its brands a written contract which embodies the brewer's agreement with its distributor;(5)  require any distributor to accept delivery of any malt beverages or any other item or commodity which shall not have been ordered by the distributor;(6)  adjust the price at which the brewer sells malt beverages to a distributor based on the price at which a distributor resells malt beverages to a retailer, but a brewer is free to set its own price so long as any price adjustment is based on factors other than a distributor's increase in the price it charges to a retailer and not intended to otherwise coerce illegal behavior under this section; or(7)  accept payment in exchange for an agreement setting forth territorial rights.(b)  Nothing in this section shall interfere with the rights of a brewer or distributor to enter into contractual agreements that could be construed as governing ordinary business transactions, including, but not limited to, agreements concerning allowances, rebates, refunds, services, capacity, advertising funds, promotional funds, or sports marketing funds.(c)  It is the public policy and in the interest of this state to assure the independence of members of the three-tier system, but nothing in this code may be construed to prohibit contractual agreements between members of the same tier who hold the same licenses and permits.|Added by Acts 1981, 67th Leg., p. 60, ch. 26, Sec. 1, eff. April 8, 1981.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 555 (S.B. 639), Sec. 1, eff. June 14, 2013.Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 313, eff. September 1, 2021.|
TX Alco Bev Code § 102.76 (2021)
2021 Texas Statutes|Alcoholic Beverage Code|Title 4 - Regulatory and Penal Provisions|Chapter 102 - Intra-Industry Relationships|Subchapter D. Malt Beverage Industry Fair Dealing Law|Section 102.76. Transfer of Business Assets or Stock

Sec. 102.76.  TRANSFER OF BUSINESS ASSETS OR STOCK.  (a) A brewer may not unreasonably withhold or delay its approval of any assignment, sale, or transfer of the stock of a distributor or all or any portion of a distributor's assets, distributor's voting stock, the voting stock of any parent corporation, or the beneficial ownership or control of any other entity owning or controlling the distributor, including the distributor's rights and obligations under the terms of an agreement whenever the person or persons to be substituted meet reasonable standards imposed not only upon the distributor but upon all other distributors of that brewer of the same general class, taking into account the size and location of the sales territory and market to be served.  Upon the death of one of the partners of a partnership operating the business of a distributor, a brewer may not deny the surviving partner or partners of such partnership the right to become a successor-in-interest to the agreement between the brewer and such partnership.  Provided that the survivor has been active in the management of the partnership or is otherwise capable of carrying on the business of the partnership.(b)  Notwithstanding the provisions of Subsection (a), upon the death of a distributor a brewer may not deny approval for any transfer of ownership to a surviving spouse or adult child of an owner of a distributor;  provided, however, that such subsequent transfers of such ownership by such surviving spouse or adult child shall thereafter be subject to the provisions of Subsection (a).|Added by Acts 1981, 67th Leg., p. 60, ch. 26, Sec. 1, eff. April 8, 1981.Amended by: Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 314, eff. September 1, 2021.|
TX Alco Bev Code § 102.77 (2021)
2021 Texas Statutes|Alcoholic Beverage Code|Title 4 - Regulatory and Penal Provisions|Chapter 102 - Intra-Industry Relationships|Subchapter D. Malt Beverage Industry Fair Dealing Law|Section 102.77. Reasonable Compensation

Sec. 102.77.  REASONABLE COMPENSATION.  (a)  Any brewer who, without good cause, cancels, terminates, or fails to renew any agreement, or unlawfully denies approval of, or unreasonably withholds consent, to any assignment, transfer, or sale of a distributor's business assets or voting stock or other equity securities, shall pay such distributor with whom it has an agreement pursuant to Section 102.51 the fair market value of the distributor's business with relation to the affected brand or brands.  In determining fair market value, consideration shall be given to all elements of value, including goodwill and going concern value.(b)  In the event that the brewer and the distributor are unable to mutually agree on whether or not good cause exists for cancellation under Section 102.74 or on the reasonable compensation to be paid for the value of the distributor's business, as defined herein, the matter may, at the option of either the distributor or brewer, be submitted to three arbitrators, one of whom shall be named in writing by each party and the third of whom shall be chosen by the two arbiters so selected.  Should the arbiters selected fail to choose a third arbiter within 10 days, a judge of a district court in the county in which the distributor's principal place of business is located shall select the third arbiter.  Arbitration shall be conducted in accordance with Chapter 171, Civil Practice and Remedies Code.  Arbitration costs shall be paid one-half by the distributor and one-half by the brewer.  The award of the arbitrators shall be binding on the parties unless appealed within 10 days from the date of the award.  All proceedings on appeal shall be in accordance with and governed by Chapter 171, Civil Practice and Remedies Code.|Added by Acts 1981, 67th Leg., p. 60, ch. 26, Sec. 1, eff. April 8, 1981.Amended by: Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 315, eff. September 1, 2021.|
TX Alco Bev Code § 102.78 (2021)
2021 Texas Statutes|Alcoholic Beverage Code|Title 4 - Regulatory and Penal Provisions|Chapter 102 - Intra-Industry Relationships|Subchapter D. Malt Beverage Industry Fair Dealing Law|Section 102.78. Right of Free Association

Sec. 102.78.  RIGHT OF FREE ASSOCIATION. A brewer or distributor may not restrict or inhibit, directly or indirectly, the right of free association among brewers or distributors for any lawful purpose.|Added by Acts 1981, 67th Leg., p. 60, ch. 26, Sec. 1, eff. April 8, 1981.Amended by: Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 316, eff. September 1, 2021.|