reglab/statecodes huggingface dataset:
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 11 - Provisions Generally Applicable to Permits › Subchapter B. Application for and Issuance of Permits › Section 11.52. Restrictions on Location in Certain Municipalities

Sec. 11.52.  RESTRICTIONS ON LOCATION IN CERTAIN MUNICIPALITIES.
(a)  In a municipality with a population of 1,500,000 or more, an applicant for an original or renewal mixed beverage permit or wine and malt beverage retailer's permit shall provide the notice required by Subsection (b) if:
(1)  any point of the property line of the premise is less than 300 feet from the nearest point on a property line of a residence, church, school, hospital, day-care facility, or social service facility, as measured in a straight line; and
(2)  75 percent or more of the permittee's actual or anticipated gross revenue is from the sale of alcoholic beverages.
(b)  An applicant for an original or renewal permit shall give notice to all tenants or property owners affected in the area described by Subsection (a) that an application has been made within five days after the application is first filed for an original application and at least 30 days prior to the expiration date of a permit in the case of a renewal application.
Added by Acts 1993, 73rd Leg., ch. 934, Sec. 23, eff. Sept. 1, 1993.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 44(a), eff. December 31, 2020.
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 44(b), eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 11 - Provisions Generally Applicable to Permits › Subchapter C. Cancellation and Suspension of Permits › Section 11.611. Conviction of Offense Relating to Discrimination

Sec. 11.611.  CONVICTION OF OFFENSE RELATING TO DISCRIMINATION.  The commission or administrator may suspend for not more than 60 days or cancel an original or renewal permit if it is found, after notice and hearing that:
(1)  the permittee has been finally convicted of any offense under state or federal law or a municipal ordinance prohibiting the violation of an individual's civil rights or the discrimination against an individual on the basis of the individual's race, color, creed, or national origin;  and
(2)  the offense was committed on the licensed premises or in connection with the operation of the permittee's business.
Added by Acts 1979, 66th Leg., p. 1440, ch. 632, Sec. 1, eff. Aug. 27, 1979.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 11 - Provisions Generally Applicable to Permits › Subchapter C. Cancellation and Suspension of Permits › Section 11.612. Cancellation of Private Club Permit

Sec. 11.612.  CANCELLATION OF PRIVATE CLUB PERMIT.
(a)  The commission or administrator may cancel an original or a renewal certificate issued under Chapter 29 to the holder of a private club registration permit or a permit issued under Chapter 32 and the commission may deny an application for any new alcoholic beverage permit for the same premises for one year after the date of cancellation if:
(1)  the chief of police of the municipality, if the premises are located in an incorporated area, or the sheriff of the county in which the premises are located has submitted a sworn statement to the commission stating specific allegations that the place or manner in which the permittee conducts its business endangers the general welfare, health, peace, morals, or safety of the community; and
(2)  the commission or administrator finds, after notice and hearing within the county where the premises are located, that the place or manner in which the permittee conducts its business does in fact endanger the general welfare, health, peace, morals, or safety of the community.
(b)  This section does not apply to a permit issued to a fraternal or veterans organization or the holder of a food and beverage certificate.
Added by Acts 1995, 74th Leg., ch. 1060, Sec. 4, eff. Aug. 28, 1995.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 47(a), eff. December 31, 2020.
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 47(b), eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 11 - Provisions Generally Applicable to Permits › Subchapter C. Cancellation and Suspension of Permits › Section 11.613. Summary Suspension of Private Club Permit

Sec. 11.613.  SUMMARY SUSPENSION OF PRIVATE CLUB PERMIT.  The commission or administrator without a hearing may for investigative purposes summarily suspend a certificate issued under Chapter 29 to the holder of a private club registration permit or a permit issued under Chapter 32 for not more than seven days if the commission or administrator finds that a shooting, stabbing, or murder has occurred on the licensed premises that is likely to result in a subsequent act of violence.  Notice of the order suspending the permit shall be given to the permittee personally within 72 hours of the time the violent act occurs.  If the permittee cannot be located, notice shall be provided by posting a copy of the order on the front door of the licensed premises.
Added by Acts 1995, 74th Leg., ch. 1060, Sec. 4, eff. Aug. 28, 1995.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 48, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 11 - Provisions Generally Applicable to Permits › Subchapter C. Cancellation and Suspension of Permits › Section 11.614. Order Suspending Permit or License

Sec. 11.614.  ORDER SUSPENDING PERMIT OR LICENSE.  (a)  If the commission or administrator determines that the continued operation of a permitted or licensed business would constitute a continuing threat to the public welfare, the commission or administrator may issue an emergency order, without a hearing, suspending the permit or license for not more than 90 days.
(b)  An order suspending a permit or license under this section must state the length of the suspension in the order.
(c)  If an emergency order is issued without a hearing under this section, the commission or administrator shall set the time and place for a hearing to be conducted not later than the 10th day after the date the order was issued.  A hearing under this section to affirm, modify, or set aside the emergency order shall be conducted by the State Office of Administrative Hearings at a location authorized by Section 11.015.  The order shall be affirmed to the extent that reasonable cause existed to issue the order.
(d)  The commission by rule may prescribe procedures for the determination and appeal of an emergency order issued under this section, including a rule allowing the commission to affirm, modify, or set aside a decision made by the State Office of Administrative Hearings under Subsection (c).
(e)  A proceeding under this section is a contested case under Chapter 2001, Government Code.
Added by Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 49, eff. September 1, 2019.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 11 - Provisions Generally Applicable to Permits › Subchapter C. Cancellation and Suspension of Permits › Section 11.615. Disciplinary Action for Violation of Order

Sec. 11.615.  DISCIPLINARY ACTION FOR VIOLATION OF ORDER.  The commission may deny an application for an original or renewal permit or license or take other disciplinary action against a permit or license holder who violates an order of the commission or administrator.
Added by Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 49, eff. September 1, 2019.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 11 - Provisions Generally Applicable to Permits › Subchapter C. Cancellation and Suspension of Permits › Section 11.62. Hearing for Cancellation or Suspension of Permit

Sec. 11.62.  HEARING FOR CANCELLATION OR SUSPENSION OF PERMIT.  The commission or administrator may, on the motion of either, set a date for a hearing to determine if a permit should be cancelled or suspended.  The commission or administrator shall set a hearing on the petition of the mayor, chief of police, city marshal, or city attorney of the city or town in which the licensed premises are located or of the county judge, sheriff, or county or district attorney of the county in which the licensed premises are located.  The petition must be supported by the sworn statement of at least one credible person.  The commission or administrator shall give the permittee notice of the hearing and of his right to appear and show cause why the permit should not be cancelled.
Acts 1977, 65th Leg., p. 412, ch. 194, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 11 - Provisions Generally Applicable to Permits › Subchapter C. Cancellation and Suspension of Permits › Section 11.63. Notice of Hearing

Sec. 11.63.  NOTICE OF HEARING.  At least 10 days' notice shall be given when a hearing is provided by this code.  A notice of hearing for the denial, cancellation, or suspension of a license or permit may be served personally by a representative of the commission or sent by registered or certified mail addressed to the licensee or permittee.
Acts 1977, 65th Leg., p. 412, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 50, eff. December 31, 2020.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 11 - Provisions Generally Applicable to Permits › Subchapter C. Cancellation and Suspension of Permits › Section 11.641. Amount of Civil Penalty

Sec. 11.641.  AMOUNT OF CIVIL PENALTY.  (a)  The amount of the civil penalty under Section 11.64 must be appropriate for the nature and seriousness of the violation.  In determining the amount of the civil penalty, the commission or administrator shall consider:
(1)  the type of license or permit held;
(2)  the type of violation;
(3)  any aggravating or ameliorating circumstances concerning the violation, including those enumerated in Section 11.64(c);
(4)  the permittee's or licensee's previous violations; and
(5)  if the commission or administrator determines the permittee or licensee has previously violated this code, whether the permittee or licensee profited from the violation, and if so the amount of the permittee's or licensee's profit.
(b)  Except as provided by Subsection (a), the amount of the civil penalty may not be based on:
(1)  the volume of alcoholic beverages sold;
(2)  the receipts of the business;
(3)  the taxes paid; or
(4)  the financial condition of the permittee or licensee.
(c)  A civil penalty, including cancellation of a permit, may not be imposed on the basis of a criminal prosecution in which the defendant was found not guilty, the criminal charges were dismissed, or there has not been final adjudication.
Acts 2003, 78th Leg., ch. 1223, Sec. 3, eff. Sept. 1, 2003.  Amended by Acts 2003, 78th Leg., 3rd C.S., ch. 3, Sec. 21.03, eff. Jan. 11, 2004.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 51, eff. September 1, 2019.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 11 - Provisions Generally Applicable to Permits › Subchapter C. Cancellation and Suspension of Permits › Section 11.65. Notice of Cancellation or Suspension

Sec. 11.65.  NOTICE OF CANCELLATION OR SUSPENSION.  (a)  A notice of cancellation or suspension of a license or permit shall be given to the licensee or permittee as provided by Section 2001.142, Government Code.
(b) Cancellation or suspension is final and effective as provided by Section 2001.144, Government Code.
Acts 1977, 65th Leg., p. 412, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 687 (H.B. 1734), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 11 - Provisions Generally Applicable to Permits › Subchapter C. Cancellation and Suspension of Permits › Section 11.66. Suspension or Cancellation Against Retailer

Sec. 11.66.  SUSPENSION OR CANCELLATION AGAINST RETAILER.  Except for a violation of the credit or cash law, a penalty of suspension or cancellation of the license or permit of a retailer shall be assessed against the permit or license for the premises where the offense was committed.
Acts 1977, 65th Leg., p. 413, ch. 194, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 11 - Provisions Generally Applicable to Permits › Subchapter C. Cancellation and Suspension of Permits › Section 11.67. Appeal From Cancellation, Suspension, or Denial of License or Permit

Sec. 11.67.  APPEAL FROM CANCELLATION, SUSPENSION, OR DENIAL OF LICENSE OR PERMIT.  (a)  An appeal from an order of the commission or administrator cancelling or suspending a permit or license may be taken to the district court of the county in which the licensee or permittee resides or in which the owner of involved real or personal property resides.
(b)  The appeal shall be under the substantial evidence rule and against the commission alone as defendant.  The rules applicable to ordinary civil suits apply, with the following exceptions, which shall be construed literally:
(1)  the appeal shall be perfected and filed within 30 days after the date the order, decision, or ruling of the commission or administrator becomes final and appealable;
(2)  the case shall be tried before a judge within 20 days from the date it is filed;
(3)  neither party is entitled to a jury; and
(4)  the order, decision, or ruling of the commission or administrator may be suspended or modified by the court pending a trial on the merits, but the final judgment of the district court may not be modified or suspended pending appeal.
(c)  A local official on record as protesting the issuance or renewal of a permit or license is entitled to notice of the appeal.  If other persons are on record as protesting the issuance or renewal of a permit or license, the first three persons to be on record are entitled to notice of the appeal.  The appellant is responsible for causing the notice to be given.  The notice shall be given by sending, on or before the third day after the date on which the appeal is filed, a copy of the petition by registered or certified mail to the persons entitled to receive the notice.
(d)  If the appeal is from an order denying an application for an original or renewal permit or license for a business that is sexually oriented, any person may appear on appeal against the issuance or renewal of the license or permit.  However, the court may grant a motion to strike the person's appearance on a showing that the person does not have a justiciable or administratively cognizable interest in the proceeding.
Acts 1977, 65th Leg., p. 413, ch. 194, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1981, 67th Leg., p. 2636, ch. 707, Sec. 4(18), eff. Aug. 31, 1981;  Acts 1985, 69th Leg., ch. 171, Sec. 1, eff. Sept. 1, 1985;  Acts 1987, 70th Leg. ch. 369, Sec. 1, eff. Aug. 31, 1987.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 514 (H.B. 1956), Sec. 1, eff. September 1, 2011.
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 52, eff. December 31, 2020.
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 53, eff. December 31, 2020.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 11 - Provisions Generally Applicable to Permits › Subchapter C. Cancellation and Suspension of Permits › Section 11.68. Activities Prohibited During Suspension

Sec. 11.68.  ACTIVITIES PROHIBITED DURING SUSPENSION.  No permittee may sell, offer for sale, distribute, or deliver any alcoholic beverage while his permit is suspended.
Acts 1977, 65th Leg., p. 413, ch. 194, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 11 - Provisions Generally Applicable to Permits › Subchapter C. Cancellation and Suspension of Permits › Section 11.69. Disposal of Beverages in Bulk

Sec. 11.69.  DISPOSAL OF BEVERAGES IN BULK.  The commission may provide by rule the manner and time in which a person whose license or permit is suspended or cancelled or a receiver or successor in interest of a deceased, insolvent, or bankrupt permittee or licensee may dispose of in bulk the alcoholic beverages on hand at the termination of the use of the permit or license.
Acts 1977, 65th Leg., p. 413, ch. 194, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 11 - Provisions Generally Applicable to Permits › Subchapter C. Cancellation and Suspension of Permits › Section 11.70. Liability of Surety

Sec. 11.70.  LIABILITY OF SURETY.  (a)  If a permittee or a person having an interest in a permit is finally convicted of the violation of a provision of this code or of a rule or regulation of the commission, or if a permit is cancelled by the commission and no appeal is pending, the commission may institute action in its own name, for the benefit of the state, on the bond supporting the permit.  If the cancellation or conviction is proved, the court shall render judgment in favor of the commission for all fines, costs, and 15 percent of the face value of the bond.
(b)  If a permittee fails to seasonably remit any money due the state, the surety on his bond is liable for the amount of money due the state plus a penalty of 15 percent of the face value of the bond.
(c)  A suit for the collection of any of the amounts specified in this section shall be brought in a court of competent jurisdiction in Travis County.
(d)  Nothing in this code shall be construed as imposing on a surety a greater liability than the total amount of the bond less any portion of the bond which has been extinguished by a prior recovery.
Acts 1977, 65th Leg., p. 413, ch. 194, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 11 - Provisions Generally Applicable to Permits › Subchapter C. Cancellation and Suspension of Permits › Section 11.71. Surety May Terminate Liability

Sec. 11.71.  SURETY MAY TERMINATE LIABILITY.  A surety under the bond of a permittee may terminate its liability by giving 30 days' written notice of termination, served personally or by registered mail on the principal and the commission.  The surety is discharged from all liability under the bond for any act or omission of the principal occurring after the expiration of 30 days from the date the notice is served.  If the principal fails to duly file a new bond in the same amount and with the same conditions as the original bond before the expiration of the 30-day period, his permit shall terminate when the 30-day period expires.
Acts 1977, 65th Leg., p. 414, ch. 194, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 11 - Provisions Generally Applicable to Permits › Subchapter C. Cancellation and Suspension of Permits › Section 11.72. Discipline for Actions of Agent; Records Retention

Sec. 11.72.  DISCIPLINE FOR ACTIONS OF AGENT; RECORDS RETENTION.  (a) The commission or administrator may suspend or revoke the permit of a person who is represented by an agent under Section 15.01, 35.01, or 36.01 or otherwise discipline the person based on an act or omission of the person's agent only if an individual employed by the person in a supervisory position:
(1)  was directly involved in the act or omission of the agent;
(2)  had notice or knowledge of the act or omission; or
(3)  failed to take reasonable steps to prevent the act or omission.
(b)  The holder of a permit who is represented by an agent shall maintain records relating to the agent's activities, including any representation agreement, employment records, or similar documents, for not less than four years from the date the record is created.
Added by Acts 1999, 76th Leg., ch. 947, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 451 (S.B. 828), Sec. 1, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1190 (S.B. 1090), Sec. 6, eff. September 1, 2013.
Reenacted and amended by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 2.001, eff. September 1, 2015.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 54, eff. September 1, 2019.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 11 - Provisions Generally Applicable to Permits › Subchapter C. Cancellation and Suspension of Permits › Section 11.73. Affirmation of Compliance

Sec. 11.73.  AFFIRMATION OF COMPLIANCE.  A person who holds a permit under Chapter 19, 20, or 23 may not be subject to an administrative sanction for selling or delivering an alcoholic beverage to a retailer not authorized to purchase and receive the alcoholic beverage if the permit holder:
(1)  reasonably believes that the retailer is authorized to purchase and receive that type of alcoholic beverage; and
(2)  obtains from the retailer at the time of delivery a written affirmation, which may be printed or stamped on a sales invoice evidencing the sale or delivery of alcoholic beverages by the permit holder, that the retailer is authorized to purchase and receive the type of alcoholic beverage sold and delivered by the permit holder.
Added by Acts 1999, 76th Leg., ch. 577, Sec. 1, eff. Sept. 1, 1999.  Renumbered from Sec. 11.72 by Acts 2001, 77th Leg., ch. 1420, Sec. 21.001(4), eff. Sept. 1, 2001.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 55, eff. September 1, 2019.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 14 - Distiller's and Rectifier's Permit › Section 14.01. Authorized Activities

Sec. 14.01.  AUTHORIZED ACTIVITIES.  (a)  The holder of a distiller's and rectifier's permit may:
(1)  manufacture distilled spirits;
(2)  rectify, purify, and refine distilled spirits and wines;
(3)  mix wines, distilled spirits, or other liquors;
(4)  bottle, label, and package the permit holder's finished products;
(5)  sell the finished products in this state to holders of wholesaler's permits and to qualified persons outside the state;
(6)  purchase distilled spirits, to be used only for manufacturing or rectification purposes, from holders of nonresident seller's permits or distiller's and rectifier's permits;
(7)  dispense free distilled spirits for consumption on the permitted premises under Section 14.04 or at a temporary event under Section 14.09;
(8)  sell bulk alcohol produced by the permit holder for purposes described by Section 38.01; and
(9)  sell distilled spirits to ultimate consumers under Section 14.04 or 14.05.
(b)  The privileges granted to a distiller and rectifier are confined strictly to distilled spirits and wines manufactured and rectified under his permit.
(c)  Repealed by Acts 2013, 83rd Leg., R.S., Ch. 106, Sec. 6, eff. September 1, 2013.
Acts 1977, 65th Leg., p. 415, ch. 194, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1983, 68th Leg., p. 1342, ch. 278, Sec. 5, eff. Sept. 1, 1983.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 31 (H.B. 1974), Sec. 1, eff. May 13, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 106 (S.B. 905), Sec. 1, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 106 (S.B. 905), Sec. 6, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 195 (S.B. 642), Sec. 1, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1171 (S.B. 652), Sec. 1, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 611 (S.B. 808), Sec. 1, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 2.002, eff. September 1, 2015.
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 58, eff. September 1, 2019.
Acts 2023, 88th Leg., R.S., Ch. 26 (S.B. 1375), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 14 - Distiller's and Rectifier's Permit › Section 14.03. Continuance of Operation After Local Option Election

Sec. 14.03.  CONTINUANCE OF OPERATION AFTER LOCAL OPTION ELECTION.  The right of a distiller's and rectifier's permittee to continue in operation after a prohibitory local option election is covered by Section 251.76 of this code.
Acts 1977, 65th Leg., p. 415, ch. 194, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1983, 68th Leg., p. 1342, ch. 278, Sec. 5, eff. Sept. 1, 1983.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 14 - Distiller's and Rectifier's Permit › Section 14.04. Distilled Spirits Sampling

Sec. 14.04.  DISTILLED SPIRITS SAMPLING.  (a)  The holder of a distiller's and rectifier's permit may conduct distilled spirits samplings on the permitted premises.  The permit holder may:
(1)  dispense free samples; or
(2)  if the permitted premises is located in an area where the sale of alcoholic beverages is legal as provided by a ballot issue approved by the voters under Section 501.035(b)(7), (8), or (9), Election Code, collect a fee for the sampling.
(b)  A sampling event authorized by this section may not be advertised except by on-site communication or by direct mail.
(c)  A person other than the holder of a permit or the holder's agent or employee may not dispense or participate in the dispensing of distilled spirits under this section.
(d)  A person authorized to dispense distilled spirits under this section may not:
(1)  serve a person more than one sample of each brand of distilled spirits being served at a sampling event; or
(2)  serve a sample to a minor or to an obviously intoxicated person.
(e)  Sample portions served at a distilled spirits sampling event may not exceed one-half ounce.
(f)  A person who receives a sample may not remove the sample from the permitted premises.
(g)  Repealed by Acts 2013, 83rd Leg., R.S., Ch. 106, Sec. 6, eff. September 1, 2013.
Added by Acts 2009, 81st Leg., R.S., Ch. 31 (H.B. 1974), Sec. 2, eff. May 13, 2009.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 106 (S.B. 905), Sec. 2, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 106 (S.B. 905), Sec. 6, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 611 (S.B. 808), Sec. 2, eff. September 1, 2015.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 14 - Distiller's and Rectifier's Permit › Section 14.05. Sales to Ultimate Consumers

Sec. 14.05.  SALES TO ULTIMATE CONSUMERS.  (a)  The holder of a distiller's and rectifier's permit whose permitted premises is located in an area where the sale of alcoholic beverages is legal as provided by a ballot issue approved by the voters under Section 501.035(b)(7), (8), or (9), Election Code, may sell to ultimate consumers for consumption on the permitted premises distilled spirits manufactured or rectified by the permit holder in an amount not to exceed 3,000 gallons annually.
(b)  The holder of a distiller's and rectifier's permit may sell distilled spirits manufactured by the permit holder to ultimate consumers for off-premises consumption in unbroken packages containing not more than 750 milliliters of distilled spirits for off-premises consumption in an amount not to exceed 3,500 gallons annually if:
(1)  for a permit issued on or after September 1, 2013, the permitted premises is located in an area where the sale of alcoholic beverages is legal as provided by a ballot issue approved by the voters under Section 501.035(b)(5), (6), or (7), Election Code; or
(2)  for a permit issued before September 1, 2013, the permitted premises is located in an area where the sale of alcoholic beverages is legal as provided by a ballot issue approved by the voters under Section 501.035(b)(5), (6), (7), (8), or (9), Election Code.
(c)  The holder of a distiller's and rectifier's permit may not under Subsection (b) sell more than four 750 milliliter bottles of distilled spirits or the equivalent to the same consumer within a 30-day period.
(d)  A sale under Subsection (b):
(1)  may be made only to an individual who is physically present at the permit holder's premises; and
(2)  must be delivered to the purchaser in person during the purchaser's visit.
(e)  A person may not make a purchase under Subsection (b) as an agent for another person.
(f)  The permit holder must keep records of sales in a manner that enables the permit holder to comply with this section.
(g)  A bottle of distilled spirits sold on the permit holder's premises under Subsection (b) must bear a notice affixed to the bottle that:
(1)  does not obscure the label approved by the Alcohol and Tobacco Tax and Trade Bureau;
(2)  states that the bottle is commemorative;
(3)  states the month and year the bottle is sold; and
(4)  is signed by an agent of the permit holder.
Added by Acts 2013, 83rd Leg., R.S., Ch. 106 (S.B. 905), Sec. 3, eff. September 1, 2013.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 611 (S.B. 808), Sec. 3, eff. September 1, 2015.
Acts 2023, 88th Leg., R.S., Ch. 41 (S.B. 2284), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 14 - Distiller's and Rectifier's Permit › Section 14.06. Report of Certain Sales

Sec. 14.06.  REPORT OF CERTAIN SALES.  A holder of a distiller's and rectifier's permit who sells distilled spirits under Section 14.01(a)(8) shall keep records of those sales in a manner prescribed by the commission or administrator.
Added by Acts 2013, 83rd Leg., R.S., Ch. 195 (S.B. 642), Sec. 2, eff. September 1, 2013.
Redesignated from Alcoholic Beverage Code, Section 14.05 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(2), eff. September 1, 2015.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 59, eff. September 1, 2019.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 14 - Distiller's and Rectifier's Permit › Section 14.07. Retailer Sampling

Sec. 14.07.  RETAILER SAMPLING.  (a)  Subject to this section and notwithstanding any other provision of this code, the holder of a distiller's and rectifier's permit or the agent or employee of the holder of a distiller's and rectifier's permit may:
(1)  provide a sample of distilled spirits to the holder of a retail permit authorizing the sale of distilled spirits or an agent or employee of the holder of the retail permit; or
(2)  provide a distilled spirits product tasting on the retailer's premises, including the opening, touching, or pouring of distilled spirits, for the holder of the retail permit or an agent or employee of the holder of the retail permit.
(b)  The holder of the distiller's and rectifier's permit or the agent or employee of the holder of the distiller's and rectifier's permit may make a presentation or answer questions at a distilled spirits tasting provided under Subsection (a).
(c)  The holder of a retail permit authorizing the sale of distilled spirits or an agent or employee of the permit holder may not sample or taste a distilled spirit provided under this section on the permitted retail premises unless:
(1)  the holder of the distiller's and rectifier's permit is present; or
(2)  an agent or employee of the holder of the distiller's and rectifier's permit is present.
(d)  The distilled spirits provided as a sample or at a tasting under Subsection (a):
(1)  must be manufactured by the holder of the distiller's and rectifier's permit;
(2)  may not be of a brand previously purchased by the holder of the retailer's permit unless the spirits were purchased and used for educational or training purposes;
(3)  must be limited to 750 milliliters of each brand provided as a sample or at a tasting; and
(4)  must meet all labeling requirements of this code.
(e)  Distilled spirits may legally be transported by the holder of the distiller's and rectifier's permit or the permit holder's agent or employee to a retail premises for the purpose of providing a sample or a tasting under this section.
(f)  The cost of the distilled spirits provided for a sampling or tasting under this section is the responsibility of the holder of the distiller's and rectifier's permit providing the sampling or tasting.
(g)  The holder of a distiller's and rectifier's permit or the agent or employee of the holder of a distiller's and rectifier's permit may not negotiate price or establish agreements while providing samples or tastings under this section.
Added by Acts 2019, 86th Leg., R.S., Ch. 792 (H.B. 1997), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 14 - Distiller's and Rectifier's Permit › Section 14.071. Transporting Liquor

Sec. 14.071.  TRANSPORTING LIQUOR.  (a)  The holder of a distiller's and rectifier's permit may transport liquor, if the transportation is for a lawful purpose, from:
(1)  the place of purchase to the holder's place of business; and
(2)  the place of sale or distribution to the purchaser.
(b)  The holder of a distiller's and rectifier's permit may transport liquor from one wet area to another wet area across a dry area if that course of transportation is necessary or convenient.
(c)  The holder of a distiller's and rectifier's permit transporting liquor under this section shall provide to the commission:
(1)  a full description of each motor vehicle used by the permit holder for transporting liquor; and
(2)  any other information the commission requires.
(d)  The holder of a distiller's and rectifier's permit may transport liquor only in a vehicle that is:
(1)  described by Subsection (c)(1);
(2)  owned or leased in good faith by the permit holder or by the permit holder's agent; and
(3)  printed or painted with the designation required by the commission.
Added by Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 60, eff. September 1, 2021.
Redesignated from Alcoholic Beverage Code, Section 14.07 by Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 21.001(1), eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 14 - Distiller's and Rectifier's Permit › Section 14.08. Storage

Sec. 14.08.  STORAGE.  (a)  The holder of a distiller's and rectifier's permit may store liquor:
(1)  on the permit holder's premises; or
(2)  inside the county in which the permit holder's business is located in a:
(A)  public bonded warehouse authorized to store liquor under Chapter 46; or
(B)  private warehouse that is:
(i)  owned or leased by the permit holder; and
(ii)  operated by the permit holder.
(b)  The holder of a distiller's and rectifier's permit may not store liquor in a dry area.
Added by Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 61, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 14 - Distiller's and Rectifier's Permit › Section 14.09. Distilled Spirits Sampling at Temporary Event

Sec. 14.09.  DISTILLED SPIRITS SAMPLING AT TEMPORARY EVENT.  (a)  The holder of a distiller's and rectifier's permit may conduct distilled spirits samplings or tastings at a civic or distilled spirits festival, farmers' market, celebration, or similar event.
(b)  The distilled spirits provided as a sample or at a tasting under Subsection (a) must be manufactured by the holder of the distiller's and rectifier's permit.
(c)  Sample portions served at a distilled spirits sampling or tasting under Subsection (a) may not exceed one-half ounce.
(d)  A person who receives a sample may not remove the sample from the event premises.
(e)  Distilled spirits may legally be transported by the holder of the distiller's and rectifier's permit or the permit holder's agent or employee to the temporary event for the purpose of providing a sample or a tasting under this section.
(f)  The cost of the distilled spirits provided for a sampling or tasting under this section is the responsibility of the holder of the distiller's and rectifier's permit providing the sampling or tasting.
(g)  The commission shall adopt rules to implement this section, including rules that:
(1)  establish a procedure to verify the wet or dry status of the location where the permit holder intends to temporarily sample or taste distilled spirits under this section;
(2)  detail the circumstances when a permit holder may temporarily sample distilled spirits under this section with just a notification to the commission and the circumstances that require the commission's preapproval before a permit holder may temporarily sample distilled spirits under this section; and
(3)  require the permit holder to provide any other information the commission determines necessary.
Added by Acts 2023, 88th Leg., R.S., Ch. 26 (S.B. 1375), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 14 - Distiller's and Rectifier's Permit › Section 14.10. Operating Agreements Between Permit Holders

Sec. 14.10.  OPERATING AGREEMENTS BETWEEN PERMIT HOLDERS.  (a)  The holder of a distiller's and rectifier's permit may enter into an agreement with another holder of a distiller's and rectifier's permit that allows the distiller's and rectifier's permit holder to engage in the following activities on the permitted premises of the other distiller's and rectifier's permit holder:
(1)  manufacture distilled spirits;
(2)  rectify, purify, and refine distilled spirits and wines;
(3)  mix wines, distilled spirits, or other liquors;
(4)  bottle, label, and package the permit holder's finished products;
(5)  sell the finished products in this state to holders of wholesaler's permits and to authorized wholesalers and manufacturers outside the state;
(6)  sell, through an affiliate who is the holder of a nonresident seller's permit, the finished products in this state to holders of wholesaler's permits and to authorized wholesalers and manufacturers outside the state;
(7)  purchase distilled spirits, to be used only for manufacturing or rectification purposes, from holders of nonresident seller's permits or distiller's and rectifier's permits; and
(8)  sell bulk alcohol produced by the permit holder for purposes described by Section 38.01.
(b)  The agreement is subject to approval by the commission and must describe with specificity the nature, duration, and extent of the activities authorized by the agreement.
(c)  The holder of a distiller's and rectifier's permit may enter into an agreement authorized by Section 37.011 with the holder of a nonresident seller's permit.
(d)  The holder of a distiller's and rectifier's permit on whose premises another distiller's and rectifier's permit holder contracts under this section to manufacture, bottle, package, or label alcoholic beverages may not:
(1)  consider or treat the alcoholic beverages manufactured, bottled, packaged, or labeled under the agreement as being owned by the permit holder; or
(2)  sell those alcoholic beverages on the permit holder's premises.
(e)  The commission shall adopt rules regulating the shared use of the permitted premises under this section to ensure administrative accountability of each permit holder and a strict separation between the businesses and operations of the permit holders.
Added by Acts 2023, 88th Leg., R.S., Ch. 10 (S.B. 60), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 15 - Distiller's Agent › Section 15.01. Authorized Activities

Sec. 15.01.  AUTHORIZED ACTIVITIES.  (a)  A distiller's agent may:
(1)  represent the holder of a distiller's and rectifier's permit;
(2)  solicit and take orders from a holder of a wholesaler's permit for the sale of distilled spirits manufactured by the permit holder represented by the agent;
(3)  conduct free distilled spirits tastings for consumers on the premises of the holder of a package store permit; and
(4)  provide samples or tastings of distilled spirits on a retailer's premises in accordance with Section 14.07.
(b)  A person acting as an agent may only represent one permitted or licensed business at a time while soliciting or taking orders.
Added by Acts 2013, 83rd Leg., R.S., Ch. 451 (S.B. 828), Sec. 2, eff. September 1, 2013.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 792 (H.B. 1997), Sec. 2, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 63, eff. September 1, 2019.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 15 - Distiller's Agent › Section 15.04. Solicitation From Holder of Mixed Beverage or Private Club Permit

Sec. 15.04.  SOLICITATION FROM HOLDER OF MIXED BEVERAGE OR PRIVATE CLUB PERMIT.  A distiller's agent may not solicit business directly or indirectly from a holder of a mixed beverage permit or a private club registration permit unless the distiller's agent is accompanied by the holder of a wholesaler's permit or the wholesaler's agent.
Added by Acts 2013, 83rd Leg., R.S., Ch. 451 (S.B. 828), Sec. 2, eff. September 1, 2013.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 64, eff. September 1, 2019.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 15 - Distiller's Agent › Section 15.05. Unauthorized Representation

Sec. 15.05.  UNAUTHORIZED REPRESENTATION.  A distiller's agent in soliciting or taking orders for the sale of liquor may not represent that the agent is an agent of any person other than the person who employs the agent or who has authorized the agent to represent the person.
Added by Acts 2013, 83rd Leg., R.S., Ch. 451 (S.B. 828), Sec. 2, eff. September 1, 2013.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 65, eff. September 1, 2019.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 16 - Winery Permit › Section 16.011. Premises in Dry Area

Sec. 16.011.  PREMISES IN DRY AREA.  A winery permit may be issued for premises in an area in which the sale of wine has not been authorized by a local option election.  A holder of a permit under this section may engage in any activity authorized under Section 16.01 except that the permit holder may sell or dispense wine under that section only if the wine is:
(1)  bottled in this state; and
(2)  at least 75 percent by volume fermented juice of grapes or other fruit grown in this state or a lesser percentage established by the commissioner of agriculture under Section 12.039, Agriculture Code.
Added by Acts 2003, 78th Leg., ch. 1119, Sec. 2., eff. Sept. 13, 2003
Amended by:
Acts 2005, 79th Leg., Ch. 878 (S.B. 1137), Sec. 3, eff. June 17, 2005.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 16 - Winery Permit › Section 16.03. Importation for Blending

Sec. 16.03.  IMPORTATION FOR BLENDING.  The holder of a winery permit may, for blending purposes, import wines or grape brandy.  The wine or grape brandy may be purchased only from the holders of nonresident seller's permits.  The state tax on wines imported for blending purposes does not accrue until the wine has been used for blending purposes and the resultant product placed in containers for sale.
Acts 1977, 65th Leg., p. 416, ch. 194, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1979, 66th Leg., p. 2116, ch. 819, Sec. 1, eff. June 13, 1979.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1190 (S.B. 1090), Sec. 8, eff. September 1, 2013.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 16 - Winery Permit › Section 16.04. Federal Permit Required

Sec. 16.04.  FEDERAL PERMIT REQUIRED.  A winery permit may be granted only on presentation of an appropriate federal wine permit.
Acts 1977, 65th Leg., p. 416, ch. 194, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1979, 66th Leg., p. 2116, ch. 819, Sec. 1, eff. June 13, 1979.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 67, eff. September 1, 2019.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 16 - Winery Permit › Section 16.05. Operating Agreements Between Permit Holders

Sec.  16.05.  OPERATING AGREEMENTS BETWEEN PERMIT HOLDERS.  (a)  The holder of a winery permit may engage in any activity authorized by that permit on the permitted premises of another winery permit holder under an agreement between the permit holders that is approved by the commission and that describes with specificity the nature, duration, and extent of the activities authorized by the agreement.
(b)  The commission shall adopt rules regulating the shared use of winery premises under this section to ensure administrative accountability of each permit holder and a strict separation between the businesses and operations of the permit holders.
Added by Acts 2005, 79th Leg., Ch. 878 (S.B. 1137), Sec. 4, eff. June 17, 2005.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 16 - Winery Permit › Section 16.06. Participation in Certain Off-Premises Wine Evaluation Activities

Sec. 16.06.  PARTICIPATION IN CERTAIN OFF-PREMISES WINE EVALUATION ACTIVITIES.  (a)  For the purpose of participating in an organized wine tasting, wine evaluation, wine competition, or literary review, the holder of a winery permit may deliver wine produced and manufactured by the holder to locations that are not licensed under this code for the purpose of submitting the wine to an evaluation at an organized wine tasting competition attended primarily by unlicensed persons or by a wine reviewer whose reviews are published if:
(1)  no charge of any kind is made for the wine, delivery, or attendance at the event; and
(2)  the commission consents in writing to the delivery.
(b)  In connection with events authorized by Subsection (a) of this section, the holder of the winery permit may dispense wine to individuals attending the event and discuss with them the manufacture and characteristics of the wine.
Added by Acts 1989, 71st Leg., ch. 142, Sec. 1, eff. May 25, 1989.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 3.001, eff. September 1, 2009.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 16 - Winery Permit › Section 16.07. Wine Sampling

Sec. 16.07.  WINE SAMPLING.  (a)  The holder of a winery permit may conduct wine samplings, including wine tastings, on the permitted premises.  The holder of the permit may collect a fee for the wine sampling.
(b)  A sampling event authorized by this section may not be advertised except by on-site communication or by direct mail.
(c)  A person other than the holder of a permit or the holder's agent or employee may not dispense or participate in the dispensing of wine under this section.
(d)  A person authorized to dispense wine under this section:
(1)  may serve a person more than one sample;  and
(2)  may not serve a sample to a minor or to an obviously intoxicated person.
(e)  A person who receives a sample may not remove the sample from the permitted premises.
(f)  For the purposes of this code and any other law of this state or a political subdivision of this state, the holder of a permit, during the sampling of wine under this section, is:
(1)  not the holder of a permit authorizing the sale of alcoholic beverages for on-premises consumption;  and
(2)  not considered to have received any revenue from the on-premises sale of alcoholic beverages.
Added by Acts 1997, 75th Leg., ch. 998, Sec. 2, eff. Sept. 1, 1997.