reglab/statecodes huggingface dataset:
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle B - Licenses › Chapter 62 - Brewer's License › Section 62.09. Malt Beverages for Export

Sec. 62.09.  MALT BEVERAGES FOR EXPORT.  Regardless of any other provision of this code, a holder of a brewer's license may brew and package malt beverages or import them from outside the state, for shipment out of the state, even though the alcohol content, containers, packages, or labels make the beverages illegal to sell within the state.  The licensee may export the beverages out of state or deliver them at the licensee's premises for shipment out of the state without being liable for any state tax on malt beverages sold for resale in the state.
Acts 1977, 65th Leg., p. 476, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 215, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle B - Licenses › Chapter 62 - Brewer's License › Section 62.11. Continuance of Operation After Local Option Election

Sec. 62.11.  CONTINUANCE OF OPERATION AFTER LOCAL OPTION ELECTION.  The right of a brewer's licensee to continue operation after a prohibitory local option election is covered by Section 251.75.
Acts 1977, 65th Leg., p. 476, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 216, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle B - Licenses › Chapter 62 - Brewer's License › Section 62.14. Use of Facilities

Sec. 62.14.  USE OF FACILITIES.  (a)  The holder of a brewer's or nonresident brewer's license may contract with the holder of a brewer's license:
(1)  to provide manufacturing services; or
(2)  for the use of the license holder's manufacturing facilities under an alternating brewery proprietorship if each party to the proprietorship:
(A)  has filed the appropriate Brewer's Notice and Brewer's Bond as required by the Alcohol and Tobacco Tax and Trade Bureau of the United States Department of the Treasury; and
(B)  if applicable, has posted with the commission a bond in an amount determined by the commission under Subsection (d) or (e).
(b)  An entity is not required to own its brewing facilities if the entity operates under an alternating brewery proprietorship as provided by Subsection (a).
(b-1)  Each entity that is a party to an alternating brewery proprietorship or contract brewing arrangement must hold a license at the location where brewing services are conducted under the arrangement.
(c)  This section does not authorize a person acting as an agent for a brewer located outside of this state to contract with the holder of a brewer's license to brew malt beverages on the person's behalf.  A contract described by this subsection may only be entered into by the holder of a brewer's license and another person holding a license under this code.
(d)  Subject to Subsection (e), the commission by rule may require an entity that is a party to an alternating brewery proprietorship or contract brewing arrangement to post with the commission a bond in an amount determined by the commission not to exceed $200,000.
(e)  An entity that is a party to an alternating brewery proprietorship or contract brewing arrangement must post with the commission a bond in an amount determined by the commission of not less than $30,000 if the entity does not own a fee interest in a brewing facility.
Added by Acts 2005, 79th Leg., Ch. 1182 (S.B. 1255), Sec. 6, eff. June 18, 2005.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1074 (H.B. 3307), Sec. 7, eff. September 1, 2013.
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 219, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle B - Licenses › Chapter 62 - Brewer's License › Section 62.15. Importing Malt Beverages

Sec. 62.15.  IMPORTING MALT BEVERAGES.  (a) In this subtitle, "importer" means a person who imports malt beverages into the state in quantities in excess of 288 fluid ounces in any one day.
(b)  The holder of a brewer's license may import malt beverages into this state only from the holder of a nonresident brewer's license and may transport those beverages into this state only:
(1)  in a motor vehicle that is:
(A)  owned or leased in good faith by the license holder; and
(B)  printed or painted with the designation required by the commission; or
(2)  by a railway carrier or by a motor carrier registered under Chapter 643, Transportation Code, or with the Federal Motor Carrier Safety Administration.
(c)  The holder of a brewer's license transporting malt beverages under Subsection (b)(1) shall provide to the commission:
(1)  a full description of each motor vehicle used by the license holder for transporting malt beverages; and
(2)  any other information the commission requires.
(d)  A carrier transporting malt beverages as authorized by Subsection (b)(2) must hold a carrier permit issued under Chapter 41 and the provisions of Chapter 41 relating to the transportation of liquor apply to the transportation of the malt beverages.  A carrier may not transport malt beverages into the state unless it is consigned to an importer.
Added by Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 220, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle B - Licenses › Chapter 62A - Brewer's Self-Distribution License › Section 62A.01. Eligibility for License

Sec. 62A.01.  ELIGIBILITY FOR LICENSE.  A brewer's self-distribution license may be issued only to the holder of a brewer's license under Chapter 62 or the holder of a nonresident brewer's license under Chapter 63.
Added by Acts 2013, 83rd Leg., R.S., Ch. 534 (S.B. 517), Sec. 2, eff. June 14, 2013.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 222, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle B - Licenses › Chapter 62A - Brewer's Self-Distribution License › Section 62A.02. Authorized Activities

Sec. 62A.02.  AUTHORIZED ACTIVITIES.  (a)  A holder of a brewer's self-distribution license whose annual production of malt beverages under the brewer's or nonresident brewer's license at all premises owned directly or indirectly by the license holder or an affiliate or subsidiary of the license holder, does not exceed 125,000 barrels may sell malt beverages produced under the brewer's or nonresident brewer's license to those persons to whom the holder of a general distributor's license may sell malt beverages under Section 64.01(a)(2).
(b)  The total sales of malt beverages under this section at all premises owned directly or indirectly by the license holder or an affiliate or subsidiary of the license holder may not exceed 40,000 barrels annually.
(c)  With regard to a sale under this section, the holder of a brewer's self-distribution license has the same authority and is subject to the same requirements that apply to a sale made by the holder of a general distributor's license.
(d)  Malt beverages sold under this section may be shipped only from a manufacturing facility in this state.
Added by Acts 2013, 83rd Leg., R.S., Ch. 534 (S.B. 517), Sec. 2, eff. June 14, 2013.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 1129 (H.B. 3287), Sec. 5, eff. June 15, 2017.
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 223, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle B - Licenses › Chapter 62A - Brewer's Self-Distribution License › Section 62A.04. Report of Sales to Retailers

Sec. 62A.04.  REPORT OF SALES TO RETAILERS.  (a)  Not later than the 15th day of each month, the holder of a brewer's self-distribution license shall file a report with the commission that contains information relating to the sales made by the license holder to a retailer during the preceding calendar month.
(b)  The commission shall by rule determine the information that is required to be reported under this section and the manner in which the report must be submitted to the commission.  The commission may require the report to contain the same information reported to the comptroller under Section 151.462, Tax Code.
Added by Acts 2013, 83rd Leg., R.S., Ch. 534 (S.B. 517), Sec. 2, eff. June 14, 2013.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 224, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle B - Licenses › Chapter 63 - Nonresident Brewer's License › Section 63.01. Authorized Activities

Sec. 63.01.  AUTHORIZED ACTIVITIES.  The holder of a nonresident brewer's license may transport malt beverages into Texas only to holders of brewer's or distributor's licenses.  The nonresident brewer's licensee may transport the malt beverages in carriers or vehicles operated by holders of carrier's permits or in motor vehicles owned or leased by the nonresident brewer.  The malt beverages must be shipped in barrels or other containers in accordance with the provisions of this code and may not be shipped into the state in tank cars.
Acts 1977, 65th Leg., p. 476, ch. 194, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1979, 66th Leg., p. 1969, ch. 777, Sec. 11, eff. Aug. 27, 1979.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 226, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle B - Licenses › Chapter 63 - Nonresident Brewer's License › Section 63.03. Liability for Taxes; Bond

Sec. 63.03.  LIABILITY FOR TAXES; BOND.  The holder of a nonresident brewer's license that transports malt beverages into Texas in a motor vehicle owned or leased by the licensee is not primarily responsible for the payment of the taxes on the malt beverages, which remains the responsibility of the holder of the brewer's or distributor's license.  However, the nonresident brewer shall furnish the commission with a bond in an amount which, in the commission's judgment, will protect the revenue of the state from the tax due on the malt beverages over any six-week period.
Acts 1977, 65th Leg., p. 477, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 227, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle B - Licenses › Chapter 63 - Nonresident Brewer's License › Section 63.04. Application of Code Provisions and Rules

Sec. 63.04.  APPLICATION OF CODE PROVISIONS AND RULES.  A holder of a nonresident brewer's license is subject to all applicable provisions of this code and all applicable rules of the commission which apply to holders of brewer's licenses, including rules relating to the quality, purity, and identity of malt beverages and to protecting the public health.  The commission may suspend or cancel a nonresident brewer's license and apply penalties in the same manner as it does with respect to a brewer's license.
Acts 1977, 65th Leg., p. 477, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 228, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle B - Licenses › Chapter 63 - Nonresident Brewer's License › Section 63.05. Use of Facilities

Sec. 63.05.  USE OF FACILITIES.  (a)  The holder of a brewer's or nonresident brewer's license may contract with the holder of a nonresident brewer's license:
(1)  to provide brewing services; or
(2)  for the use of the license holder's brewing facilities under an alternating brewery proprietorship if each party to the proprietorship:
(A)  has filed the appropriate Brewer's Notice and Brewer's Bond as required by the Alcohol and Tobacco Tax and Trade Bureau of the United States Department of the Treasury; and
(B)  if applicable, has posted with the commission a bond in an amount determined by the commission under Subsection (d) or (e).
(b)  An entity is not required to own its brewing facilities if the entity operates under an alternating brewery proprietorship as provided by Subsection (a).
(b-1)  Each entity that is a party to an alternating brewery proprietorship or contract brewing arrangement must hold a license at the location where brewing services are conducted under the arrangement.
(c)  This section does not authorize a person acting as an agent for a brewer located outside of this state to contract with the holder of a nonresident brewer's license to brew malt beverages on the person's behalf.  A contract described by this subsection may only be entered into by the holder of a nonresident brewer's license and another person holding a license under this code.
(d)  Subject to Subsection (e), the commission by rule may require an entity that is a party to an alternating brewery proprietorship or contract brewing arrangement to post with the commission a bond in an amount determined by the commission not to exceed $200,000.
(e)  An entity that is a party to an alternating brewery proprietorship or contract brewing arrangement must post with the commission a bond in an amount determined by the commission of not less than $30,000 if the entity does not own a fee interest in a brewing facility.
Added by Acts 2005, 79th Leg., Ch. 1182 (S.B. 1255), Sec. 7, eff. June 18, 2005.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1074 (H.B. 3307), Sec. 8, eff. September 1, 2013.
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 229, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle B - Licenses › Chapter 64 - General Distributor's License › Section 64.01. Authorized Activities

Sec. 64.01.  AUTHORIZED ACTIVITIES.  (a)  The holder of a general distributor's license may:
(1)  receive malt beverages in unbroken original packages from brewers and brewpubs and from general or branch distributors;
(2)  distribute or sell malt beverages in the unbroken original packages in which they are received to general or branch distributors, to local distributor permittees, to permittees or licensees authorized to sell to ultimate consumers, to private club registration permittees, to authorized outlets located on any installation of the national military establishment, or to qualified persons for shipment and consumption outside the state; and
(3)  serve free malt beverages for consumption on the licensed premises.
(b)  All sales made under the authority of this section except sales to general, local, or branch distributor's licensees must be made in accordance with Sections 61.73 and 102.31 of this code.
Acts 1977, 65th Leg., p. 477, ch. 194, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1979, 66th Leg., p. 53, ch. 33, Sec. 3, eff. Aug. 27, 1979.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 750 (S.B. 515), Sec. 3, eff. June 14, 2013.
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 230, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle B - Licenses › Chapter 64 - General Distributor's License › Section 64.03. Sale of Malt Beverages to Private Clubs

Sec. 64.03.  SALE OF MALT BEVERAGES TO PRIVATE CLUBS.  The holder of a general distributor's license may sell and deliver malt beverages to private clubs located in wet areas without having to secure a prior order.  All sales made under the authority of this section must be made in accordance with Sections 61.73 and 102.31.
Acts 1977, 65th Leg., p. 477, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 231, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle B - Licenses › Chapter 64 - General Distributor's License › Section 64.04. Records

Sec. 64.04.  RECORDS.  (a)  Each holder of a general or branch distributor's license shall make and keep a daily record of every receipt of malt beverages and of every sale of malt beverages, including the name of each purchaser.  Each transaction shall be recorded on the day it occurs.  The licensee shall make and keep any other records that the commission or administrator requires.
(b)  All required records shall be kept available for inspection by the commission or its authorized representative during reasonable office hours for at least two years.
(c)  The failure to make or keep a record as required by this section, the making of a false entry in the record, or the failure to make an entry as required by this section is a violation of this code.
Acts 1977, 65th Leg., p. 478, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 232, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle B - Licenses › Chapter 64 - General Distributor's License › Section 64.05. Persons Ineligible for License

Sec. 64.05.  PERSONS INELIGIBLE FOR LICENSE.  A general distributor's license may not be issued to a person who is the holder of a package store permit or a wine only package store permit.
Acts 1977, 65th Leg., p. 478, ch. 194, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle B - Licenses › Chapter 64 - General Distributor's License › Section 64.06. Warehouses; Delivery Trucks

Sec. 64.06.  WAREHOUSES;  DELIVERY TRUCKS.  Section 62.08 of this code applies to the use of warehouses and delivery trucks by general distributor's licensees.
Acts 1977, 65th Leg., p. 478, ch. 194, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle B - Licenses › Chapter 64 - General Distributor's License › Section 64.07. May Share Premises

Sec. 64.07.  MAY SHARE PREMISES.  (a)  Any number of general and branch distributors may use the same delivery vehicles, premises, location, or place of business as licensed premises if the malt beverages owned and stored by each of the distributors are segregated.
(b)  If delivery vehicles are shared by any number of distributors who also hold any class of wholesaler's permits, liquor or malt beverages may be transported.
(c)  The provisions of Subsections (a) and (b) that relate to shared delivery vehicles apply only to those general or branch distributors who hold a territorial designation from a brewer under Section 102.51.
Acts 1977, 65th Leg., p. 478, ch. 194, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1987, 70th Leg., ch. 359, Sec. 3, eff. Aug. 31, 1987.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 233, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle B - Licenses › Chapter 64 - General Distributor's License › Section 64.08. Malt Beverages for Use in Food Products Industry

Sec. 64.08.  MALT BEVERAGES FOR USE IN FOOD PRODUCTS INDUSTRY.  (a)  The holder of a general distributor's license may sell malt beverages for use as an ingredient in the manufacturing and processing of food products.
(b)  The malt beverages must be sold in containers of not less than one-half barrel.  The sale is subject to the requirements of Section 102.31.  The seller shall keep records of shipments and sales of malt beverages in a manner prescribed by the commission or administrator.
(c)  A person may not resell malt beverages purchased under this section, divert the malt beverages to use for beverage purposes, possess the malt beverages with intent that the malt beverages be used for beverage purposes, or possess the malt beverages under circumstances from which it may reasonably be deduced that the malt beverages are to be used for beverage purposes.
(d)  Taxes imposed by this code do not apply to malt beverages sold under this section.
Added by Acts 1991, 72nd Leg., ch. 348, Sec. 1, eff. Aug. 26, 1991.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 234(a), eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 234(b), eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle B - Licenses › Chapter 64 - General Distributor's License › Section 64.09. Malt Beverages for Export

Sec. 64.09.  MALT BEVERAGES FOR EXPORT.  (a)  In this section "malt beverages for export" means malt beverages a distributor holds for export to another state in which the distributor has been assigned a territory for the distribution and sale of the malt beverages.  The term includes malt beverages that are illegal to sell in this state because of alcohol content, containers, packages, or labels.
(b)  The holder of a general distributor's license who receives malt beverages for export from the holder of a brewer's or nonresident brewer's license may:
(1)  store the malt beverages for export at the distributor's premises;
(2)  transport the malt beverages for export outside the state in the distributor's own vehicles; or
(3)  deliver the malt beverages for export to a common carrier for export and delivery outside the state.
(c)  The holder of a general distributor's license is not liable for any state tax on the malt beverages for export.
(d)  Section 101.67 does not apply to malt beverages for export.
Added by Acts 2003, 78th Leg., ch. 489, Sec. 4, eff. Sept. 1, 2003.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 235, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle B - Licenses › Chapter 64 - General Distributor's License › Section 64.10. Importing Malt Beverages

Sec. 64.10.  IMPORTING MALT BEVERAGES.  (a)  In this section, "importer" means a person who imports malt beverages into the state in quantities in excess of 288 fluid ounces in any one day.
(b)  The holder of a general distributor's license may import malt beverages into this state only from the holder of a nonresident brewer's license and may transport those beverages into this state only:
(1)  in a motor vehicle that is:
(A)  owned or leased in good faith by the license holder; and
(B)  printed or painted with the designation required by the commission; or
(2)  by a railway carrier or by a motor carrier registered under Chapter 643, Transportation Code, or with the Federal Motor Carrier Safety Administration.
(c)  The holder of a general distributor's license transporting malt beverages under Subsection (b)(1) shall provide to the commission:
(1)  a full description of each motor vehicle used by the license holder for transporting malt beverages; and
(2)  any other information the commission requires.
(d)  A carrier transporting malt beverages as authorized by Subsection (b)(2) must hold a carrier permit issued under Chapter 41 and the provisions of Chapter 41 relating to the transportation of liquor apply to the transportation of the malt beverages.  A carrier may not transport malt beverages into the state unless it is consigned to an importer.
Added by Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 236, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle B - Licenses › Chapter 66 - Branch Distributor's License › Section 66.01. Authorized Activities

Sec. 66.01.  AUTHORIZED ACTIVITIES.  The holder of a branch distributor's license may engage in the same activities as a holder of a general distributor's license.
Acts 1977, 65th Leg., p. 479, ch. 194, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle B - Licenses › Chapter 66 - Branch Distributor's License › Section 66.03. Issuance of License

Sec. 66.03.  ISSUANCE OF LICENSE.  (a)  Except as provided in Subsection (b), a branch distributor's license may be issued only to the holder of a general distributor's license who first has obtained the primary license in the county of the licensee's residence or domicile.  The branch distributor's license may be issued for premises in any county where the sale of malt beverages is legal.
(b)  A general distributor's licensee whose primary license was voided by a local option election under prior law, who took advantage of the right then existing to obtain a primary license in another county where he held a branch distributor's license without qualifying as a resident or domiciliary of that county, is not prevented from continuing to renew the primary license or from holding one or more branch licenses by the fact that the primary license is not in the county of his residence or domicile.
Acts 1977, 65th Leg., p. 479, ch. 194, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1979, 66th Leg., p. 54, ch. 33, Sec. 5, eff. Aug. 27, 1979.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 237, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle B - Licenses › Chapter 66 - Branch Distributor's License › Section 66.04. Persons Ineligible for License

Sec. 66.04.  PERSONS INELIGIBLE FOR LICENSE.  A branch distributor's license may not be issued to a person who holds a package store permit or a wine only package store permit, or to a person who does not meet the qualifications to be issued an original general distributor's license.
Acts 1977, 65th Leg., p. 480, ch. 194, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1987, 70th Leg., ch. 359, Sec. 4, eff. Aug. 31, 1987.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle B - Licenses › Chapter 66 - Branch Distributor's License › Section 66.05. Expiration of License

Sec. 66.05.  EXPIRATION OF LICENSE.  A branch distributor's license expires at the same time as the holder's primary license.
Acts 1977, 65th Leg., p. 480, ch. 194, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle B - Licenses › Chapter 66 - Branch Distributor's License › Section 66.06. Renewal of License

Sec. 66.06.  RENEWAL OF LICENSE.  Application for renewal of a branch distributor's license may be made concurrently with the filing of the application for the renewal of the holder's primary license.
Acts 1977, 65th Leg., p. 480, ch. 194, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle B - Licenses › Chapter 66 - Branch Distributor's License › Section 66.07. Sale of Malt Beverages to Private Clubs

Sec. 66.07.  SALE OF MALT BEVERAGES TO PRIVATE CLUBS.  The holder of a branch distributor's license may sell and deliver malt beverages to private clubs located in wet areas without having to secure a prior order.  All sales made under the authority of this section must be made in accordance with Sections 61.73 and 102.31.
Acts 1977, 65th Leg., p. 480, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 238, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle B - Licenses › Chapter 66 - Branch Distributor's License › Section 66.08. Records

Sec. 66.08.  RECORDS.  (a)  Section 64.04 of this code applies to recordkeeping by branch distributor's licensees.
(b)  The holder of a branch distributor's license may apply to the administrator for permission to maintain required records at the premises of the holder of the general distributor's license for that branch distributor licensee.  If, in the judgment of the administrator, the licensee is deemed qualified, the administrator in writing may grant the application.  If the administrator denies the application, he shall do so in writing and must base his denial on one of the grounds specified in Section 61.74 of this code or any other valid reason.
(c)  In making a determination as to the qualifications of the holder of a branch distributor's license to maintain required records at another premises, the administrator shall consider the distributor's past record of compliance with the provisions of this code and the distributor's history of filing timely and correct reports to the commission.
Acts 1977, 65th Leg., p. 480, ch. 194, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1987, 70th Leg., ch. 359, Sec. 1, eff. Aug. 31, 1987.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle B - Licenses › Chapter 66 - Branch Distributor's License › Section 66.09. Warehouses; Delivery Trucks

Sec. 66.09.  WAREHOUSES;  DELIVERY TRUCKS.  Section 62.08 of this code applies to the use of warehouses and delivery trucks by branch distributor's licensees.
Acts 1977, 65th Leg., p. 480, ch. 194, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle B - Licenses › Chapter 66 - Branch Distributor's License › Section 66.10. May Share Premises

Sec. 66.10.  MAY SHARE PREMISES.  The sharing of premises by distributors is covered by Section 64.07 of this code.
Acts 1977, 65th Leg., p. 480, ch. 194, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle B - Licenses › Chapter 66 - Branch Distributor's License › Section 66.11. Malt Beverages for Export

Sec. 66.11.  MALT BEVERAGES FOR EXPORT.  (a)  In this section "malt beverages for export" means malt beverages a distributor holds for export to another state in which the distributor has been assigned a territory for the distribution and sale of the malt beverages.  The term includes malt beverages that are illegal to sell in this state because of alcohol content, containers, packages, or labels.
(b)  The holder of a branch distributor's license who receives malt beverages for export from the holder of a brewer's or nonresident brewer's license may:
(1)  store the malt beverages for export at the distributor's premises;
(2)  transport the malt beverages for export outside the state in the distributor's own vehicles; or
(3)  deliver the malt beverages for export to a common carrier for export and delivery outside the state.
(c)  The holder of a branch distributor's license is not liable for any state tax on the malt beverages for export.
(d)  Section 101.67 does not apply to malt beverages for export.
Added by Acts 2003, 78th Leg., ch. 489, Sec. 6, eff. Sept. 1, 2003.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 239, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle B - Licenses › Chapter 69 - Retail Dealer's On-Premise License › Section 69.01. Authorized Activities

Sec. 69.01.  AUTHORIZED ACTIVITIES.  The holder of a retail dealer's on-premise license may sell malt beverages in or from any lawful container to the ultimate consumer for consumption on or off the premises where sold.  The licensee may not sell malt beverages for resale.
Acts 1977, 65th Leg., p. 482, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 240, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle B - Licenses › Chapter 69 - Retail Dealer's On-Premise License › Section 69.04. Hotels Not Disqualified

Sec. 69.04.  HOTELS NOT DISQUALIFIED.  The fact that a hotel holds a permit to sell distilled spirits in unbroken packages does not disqualify the hotel from also obtaining a license to sell malt beverages for on-premises consumption.
Acts 1977, 65th Leg., p. 482, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 241, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle B - Licenses › Chapter 69 - Retail Dealer's On-Premise License › Section 69.06. Denial of Original Application

Sec. 69.06.  DENIAL OF ORIGINAL APPLICATION.  (a)  The commission shall deny an original application for a retail dealer's on-premise license if the commission finds that the applicant or the applicant's spouse, during the five years immediately preceding the application, was finally convicted of a felony or one of the following offenses:
(1)  prostitution or solicitation of prostitution;
(2)  a vagrancy offense involving moral turpitude;
(3)  bookmaking;
(4)  gambling or gaming;
(5)  an offense involving controlled substances as defined in the Texas Controlled Substances Act, including an offense involving a synthetic cannabinoid, or an offense involving other dangerous drugs;
(6)  a violation of this code resulting in the cancellation of a license or permit, or a fine of not less than $500;
(7)  more than three violations of this code relating to minors;
(8)  bootlegging; or
(9)  an offense involving firearms or a deadly weapon.
(b)  The commission shall also deny an original application for a license if the commission finds that five years has not elapsed since the termination of a sentence, parole, or probation served by the applicant or the applicant's spouse because of a felony conviction or conviction of any of the offenses described in Subsection (a).
(c)  The commission shall deny an application for a renewal of a retail dealer's on-premise license if it finds:
(1)  that the applicant or the applicant's spouse has been finally convicted of a felony or one of the offenses listed in Subsection (a) at any time during the five years immediately preceding the filing of the application for renewal; or
(2)  that five years has not elapsed since the termination of a sentence, parole, or probation served by the applicant or the applicant's spouse because of a felony prosecution or prosecution for any of the offenses described in Subsection (a).
(d)  In this section the word "applicant" includes the individual natural person holding or applying for the license or, if the holder or applicant is not an individual natural person, the individual partner, officer, trustee, or receiver who is primarily responsible for the management of the premises.
(e)  In this section, "synthetic cannabinoid" means a substance included in Penalty Group 2-A under Section 481.1031, Health and Safety Code.
Acts 1977, 65th Leg., p. 483, ch. 194, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 2003, 78th Leg., ch. 625, Sec. 5, eff. Sept. 1, 2003.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 539 (S.B. 341), Sec. 1, eff. September 1, 2017.
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 242, eff. December 31, 2020.
Acts 2021, 87th Leg., R.S., Ch. 807 (H.B. 1540), Sec. 32, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle B - Licenses › Chapter 69 - Retail Dealer's On-Premise License › Section 69.09. Acquisition of Beverages for Resale From Other Licensees Prohibited

Sec. 69.09.  ACQUISITION OF BEVERAGES FOR RESALE FROM OTHER LICENSEES PROHIBITED.  No holder of a retail dealer's on-premise license may borrow or acquire from, exchange with, or loan to any other holder of a retail dealer's on-premise license or holder of a retail dealer's off-premise license any alcoholic beverage for the purpose of resale.
Acts 1977, 65th Leg., p. 484, ch. 194, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle B - Licenses › Chapter 69 - Retail Dealer's On-Premise License › Section 69.10. Storing or Possessing Malt Beverages Off Premises Prohibited

Sec. 69.10.  STORING OR POSSESSING MALT BEVERAGES OFF PREMISES PROHIBITED.  No holder of a retail dealer's on-premise license may own, possess, or store malt beverages for the purpose of resale except on the licensed premises.
Acts 1977, 65th Leg., p. 484, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 243, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle B - Licenses › Chapter 69 - Retail Dealer's On-Premise License › Section 69.11. Exchange or Transportation of Malt Beverages Between Licensed Premises Under Same Ownership

Sec. 69.11.  EXCHANGE OR TRANSPORTATION OF MALT BEVERAGES BETWEEN LICENSED PREMISES UNDER SAME OWNERSHIP.  The owner of two or more licensed retail premises may not exchange or transport malt beverages between them unless all of the conditions set out in Section 24.04 are met, except that malt beverages may be transferred between two licensed retail premises that are both covered by package store permits as provided in Section 22.08.
Acts 1977, 65th Leg., p. 484, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 244, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle B - Licenses › Chapter 69 - Retail Dealer's On-Premise License › Section 69.12. Possession of Certain Beverages Prohibited

Sec. 69.12.  POSSESSION OF CERTAIN BEVERAGES PROHIBITED.  No retail dealer's on-premise licensee, nor the licensee's officer, agent, servant, or employee, may possess on the licensed premises an alcoholic beverage which is not authorized to be sold on the premises.
Acts 1977, 65th Leg., p. 484, ch. 194, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle B - Licenses › Chapter 69 - Retail Dealer's On-Premise License › Section 69.13. Breach of Peace: Retail Establishment

Sec. 69.13.  BREACH OF PEACE: RETAIL ESTABLISHMENT.  The commission or administrator may suspend or cancel the license of a retail malt beverage dealer after giving the licensee notice and the opportunity to show compliance with all requirements of law for retention of the license if it finds that a breach of the peace has occurred on the licensed premises or on premises under the licensee's control and that the breach of the peace was not beyond the control of the licensee and resulted from the licensee's improper supervision of persons permitted to be on the licensed premises or on premises under the licensee's control.
Acts 1977, 65th Leg., p. 484, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 245, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle B - Licenses › Chapter 69 - Retail Dealer's On-Premise License › Section 69.14. Seating Area Required

Sec. 69.14.  SEATING AREA REQUIRED.  A retail dealer's on-premise licensee must have an area designated on the premises for the permittee's customers to sit if they wish to consume beverages sold by the licensee on the premises.
Added by Acts 1983, 68th Leg., p. 2211, ch. 414, Sec. 2, eff. Sept. 1, 1983.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle B - Licenses › Chapter 69 - Retail Dealer's On-Premise License › Section 69.15. Restrictions on Location in Certain Municipalities

Sec. 69.15.  RESTRICTIONS ON LOCATION IN CERTAIN MUNICIPALITIES.  (a)  Section 11.52 of this code applies to the issuance of a retail dealer's on-premise license as if the license were a permit to which this section applies.
(b)  Section 61.31(b) of this code does not apply to an application for a retail dealer's on-premise license.
Added by Acts 1993, 73rd Leg., ch. 934, Sec. 56, eff. Sept. 1, 1993.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle B - Licenses › Chapter 69 - Retail Dealer's On-Premise License › Section 69.16. Food and Beverage Certificate

Sec. 69.16.  FOOD AND BEVERAGE CERTIFICATE.  (a)  In this section, "location" means the designated physical address of the retail dealer's on-premise license and includes all areas at the address where the license holder may sell or deliver alcoholic beverages for immediate consumption regardless of whether some of those areas are occupied by other businesses.
(a-1)  A holder of a retail dealer's on-premise license may be issued a food and beverage certificate by the commission if:
(1)  the license holder is a restaurant; or
(2)  the commission finds that the receipts from the sale of alcoholic beverages by the license holder at the location are 60 percent or less of the total receipts from the location.
(b)  A food and beverage certificate may not be issued unless the location has permanent food service facilities for the preparation and service of multiple entrees for consumption at the location.
(b-1)  The commission shall adopt rules requiring the holder of a food and beverage certificate to assure that permanent food service facilities for the preparation and service of multiple entrees for consumption at the location are available at the location.  The commission may exempt licensees who are concessionaires in public entertainment venues such as sports stadiums and convention centers from Subsections (a-1) and (b).
(c)  The fee for a food and beverage certificate shall be set at a level sufficient to recover the cost of issuing the certificate and administering this section.
(d)  A certificate issued under this section expires on the expiration of the primary retail dealer's on-premise license.  A certificate may be canceled at any time, and the renewal of a certificate may be denied, if the commission finds that the holder of the certificate is in violation of Subsection (a-1) or (b) or a rule adopted under Subsection (b-1).  On finding that the licensee knowingly operated under a food and beverage certificate while not complying with this section or a rule adopted under Subsection (b-1), the commission may cancel or deny the renewal of the licensee's retail dealer's on-premise license.  The  holder of a retail dealer's on-premise license whose certificate has been canceled or who is denied renewal of a certificate under this subsection may not apply for a new certificate until the day after the first anniversary of the date the certificate was canceled or the renewal of the certificate was denied.
(e)  Section 61.13 does not apply to the holder of a food and beverage certificate.
Added by Acts 1995, 74th Leg., ch. 1060, Sec. 8, eff. Aug. 28, 1995.  Amended by Acts 2001, 77th Leg., ch. 853, Sec. 4, eff. Sept. 1, 2001;  Acts 2001, 77th Leg., ch. 1045, Sec. 4, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1384 (S.B. 1426), Sec. 2, eff. September 1, 2007.
Acts 2017, 85th Leg., R.S., Ch. 466 (H.B. 2101), Sec. 4, eff. September 1, 2017.
Acts 2021, 87th Leg., R.S., Ch. 305 (S.B. 911), Sec. 5, eff. January 1, 2022.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle B - Licenses › Chapter 69 - Retail Dealer's On-Premise License › Section 69.17. Issuance of License Authorized for Certain Areas

Sec. 69.17.  ISSUANCE OF LICENSE AUTHORIZED FOR CERTAIN AREAS.  (a)  Notwithstanding any other provision of this code, a license under this chapter may be issued for a premises in an area in which the voters have approved the following alcoholic beverage ballot issues in a local option election:
(1)  "The legal sale of malt beverages and wine for off-premise consumption only."; and
(2)  either:
(A)  "The legal sale of mixed beverages."; or
(B)  "The legal sale of mixed beverages in restaurants by food and beverage certificate holders only."
(b)  A premises that qualifies for a license under this chapter because it is located in an area that approved the ballot issue described by Subsection (a)(2)(B) may be issued a license under this chapter only if the premises is issued a food and beverage certificate.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1298 (H.B. 2818), Sec. 2, eff. September 1, 2013.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 246, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle B - Licenses › Chapter 69 - Retail Dealer's On-Premise License › Section 69.18. Sales at Temporary Location

Sec. 69.18.  SALES AT TEMPORARY LOCATION.  (a) The holder of a retail dealer's on-premise license may temporarily sell malt beverages in or from any lawful container to ultimate consumers:
(1)  at a picnic, celebration, or similar event; and
(2)  in the county where the license is issued.
(b)  The holder of a retail dealer's on-premise license may temporarily sell malt beverages under this section for not more than four consecutive days at the same location.
(c)  The commission shall adopt rules to implement this section, including rules that:
(1)  require the license holder to notify the commission of the dates on which and location where the license holder will temporarily offer malt beverages for sale under this section;
(2)  establish a procedure to verify the wet or dry status of the location where the license holder intends to temporarily sell malt beverages under this section;
(3)  detail the circumstances when a license holder may temporarily sell malt beverages under this section with just a notification to the commission and the circumstances that require the commission's preapproval before a license holder may temporarily sell malt beverages under this section; and
(4)  require the license holder to provide any other information the commission determines necessary.
Added by Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 247, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle B - Licenses › Chapter 71 - Retail Dealer's Off-Premise License › Section 71.01. Authorized Activities

Sec. 71.01.  AUTHORIZED ACTIVITIES.  The holder of a retail dealer's off-premise license may sell malt beverages in lawful containers to consumers, but not for resale and not to be opened or consumed on or near the premises where sold.
Acts 1977, 65th Leg., p. 485, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 248, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle B - Licenses › Chapter 71 - Retail Dealer's Off-Premise License › Section 71.04. Possession of Certain Beverages Prohibited

Sec. 71.04.  POSSESSION OF CERTAIN BEVERAGES PROHIBITED.  No retail dealer's off-premise licensee, nor his officer, may possess liquor containing alcohol in excess of 14 percent by volume on the licensed premises.
Acts 1977, 65th Leg., p. 486, ch. 194, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle B - Licenses › Chapter 71 - Retail Dealer's Off-Premise License › Section 71.05. Acquisition of Beverages for Resale From Other Licensees Prohibited

Sec. 71.05.  ACQUISITION OF BEVERAGES FOR RESALE FROM OTHER LICENSEES PROHIBITED.  No holder of a retail dealer's off-premise license may borrow or acquire from, exchange with, or loan to any other holder of a retail dealer's off-premise license or holder of a retail dealer's on-premise license any alcoholic beverage for the purpose of resale.
Acts 1977, 65th Leg., p. 486, ch. 194, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle B - Licenses › Chapter 71 - Retail Dealer's Off-Premise License › Section 71.06. Storing or Possessing Malt Beverages Off Premises Prohibited

Sec. 71.06.  STORING OR POSSESSING MALT BEVERAGES OFF PREMISES PROHIBITED.  A holder of a retail dealer's off-premise license may not own, possess, or store malt beverages for the purpose of resale except on the licensed premises.
Acts 1977, 65th Leg., p. 486, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 249, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle B - Licenses › Chapter 71 - Retail Dealer's Off-Premise License › Section 71.07. Exchange or Transportation of Malt Beverages Between Licensed Premises Under Same Ownership

Sec. 71.07.  EXCHANGE OR TRANSPORTATION OF MALT BEVERAGES BETWEEN LICENSED PREMISES UNDER SAME OWNERSHIP.  Section 69.11 relates to the exchange or transportation of malt beverages between licensed premises by retail dealers.
Acts 1977, 65th Leg., p. 486, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 250, eff. September 1, 2021.