reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 41 - AUDITING › Subchapter B - RECORDKEEPING AND REPORTS › Section 41.26 - Nonresident Seller's Report

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Each holder of a nonresident seller's permit shall make a monthly report to the
				  commission on forms prescribed or approved by the executive director or the
				  executive director's designee.
(b)
				  The report shall be electronically submitted or, if mailed, postmarked on or
				  before the 15th day of the month following the calendar month for which the
				  report is made.
(c) Upon request by
				  an authorized representative of the commission, invoices shall be submitted to
				  support each entry in the report. A legible copy of each invoice must show the:
(1) invoice number and invoice
				  date;
(2) trade name, permit
				  number, and address of the seller;
(3) trade name, permit number, and shipping
				  address of the purchaser;
(4) brand
				  name, type, number and size of containers, total cases, unit or line item
				  extension price, and total sales price;
(5) origin of shipment and shipping date;
				  and
(6) total by taxable class
				  gallons of each class of liquor.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 41 - AUDITING › Subchapter B - RECORDKEEPING AND REPORTS › Section 41.27 - Nonresident Brewer's Report

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Each holder of a nonresident brewer's license shall make a monthly report to
				  the commission on forms prescribed or approved by the executive director or the
				  executive director's designee.
(b)
				  The report shall be electronically submitted or, if mailed, postmarked on or
				  before the 15th day of the month following the calendar month for which the
				  report is made.
(c) Upon request by
				  an authorized representative of the commission, invoices shall be submitted to
				  support each entry in the report. A legible copy of each invoice must show the:
(1) invoice number and invoice
				  date;
(2) trade name, license
				  number, and address of the brewer;
(3) trade name, license or permit number, and
				  shipping address of the purchaser;
(4) brand name, type, number and size of
				  containers, total cases, unit or line-item extension price, and total sales
				  price;
(5) origin of shipment and
				  shipping date; and
(6) total
				  gallons of malt beverages invoiced.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 41 - AUDITING › Subchapter C - EXCISE TAXES › Section 41.30 - Excise Tax

Current through Reg. 49, No. 28; July 12, 2024
Holders of licenses and permits authorizing the
					 manufacture, wholesaling, or distribution of distilled spirits, wine, and malt
					 beverages in this state must pay the assessed excise tax not later than the
					 15th day of the month following the month in which occurs the "first sale" as
					 this term is defined in Alcoholic Beverage Code §§
										RSA
					 201.02,
					 RSA
					 201.41 and
					 RSA
					 203.02. All taxes shall be remitted by
					 electronic funds transfer, check, or money order made payable to the Texas
					 Alcoholic Beverage Commission.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 41 - AUDITING › Subchapter C - EXCISE TAXES › Section 41.31 - Monthly Report of Distilled Spirits, Wines, and Malt Beverages

Current through Reg. 49, No. 28; July 12, 2024
(a) Each holder of a distiller's and
				  rectifier's permit, any class of wholesaler's permit, a winery permit, a
				  brewer's license, or a distributor's license shall make a monthly report to the
				  commission on forms prescribed or approved by the executive director or the
				  executive director's designee.
(b)
				  The report shall be electronically submitted or postmarked by the license or
				  permit holder with the commission at its offices at Austin, Texas, on or before
				  the 15th day of the month following the calendar month for which the report is
				  made.
(c) Upon request by an
				  authorized representative of the commission, invoices shall be submitted to
				  support each entry in the report. A legible copy of each invoice must show:
(1) invoice number and invoice
				  date;
(2) trade name, license
				  number and address of licensed brewer for malt beverages;
(3) trade name, permit number and address of
				  permitted non-resident seller, distiller or winery for wine and distilled
				  spirits;
(4) trade name and
				  shipping address of customer;
(5)
				  brand name, type, number and size of containers, total cases, unit or line-item
				  extension price, and total selling price;
(6) origin of shipment and shipping date;
				  and
(7) total gallons by taxable
				  class of alcohol invoiced.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 41 - AUDITING › Subchapter C - EXCISE TAXES › Section 41.32 - Out-of-State Winery Direct Shipper's Permits

Current through Reg. 49, No. 28; July 12, 2024
(a) This rule relates to Chapter 54 of the
				  Alcoholic Beverage Code.
(b) Each
				  holder of an out-of-state winery direct shipper's permit shall make reports
				  (Direct Shipper's Report) to the commission on forms prescribed by the
				  executive director or executive director's designee.
(c) The report shall be made and filed by the
				  permittee with the commission at its offices in Austin, Texas, on or before the
				  15th day of the month following the end of the reporting period for which the
				  report is made and shall show:
(1) the
				  reporting period and year for which the report is made, the permit number and
				  the name and address of the winery; and
(2) the ship date, invoice date, invoice
				  number, customer name, city, total wine gallons per invoice, and carrier name
				  and tracking number for each sale and delivery.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 41 - AUDITING › Subchapter C - EXCISE TAXES › Section 41.33 - Excise Tax Exemptions

Current through Reg. 49, No. 28; July 12, 2024
The following transactions are exempt from the requirement
					 to pay excise taxes:
(1) Sales of
				  sacramental wine in compliance with §
										RSA
				  41.34 of this title;
(2) Out-of-state sales in compliance with
				  §
										RSA
				  41.35 of this title;
(3) Export of malt beverages that are not
				  legal for sale in Texas in compliance with §
										RSA
				  41.36 of this title;
(4) Alcoholic beverages destroyed in
				  compliance with §
										RSA
				  41.37 of this title; and
(5) Sales of alcoholic beverages for
				  industrial purposes.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 41 - AUDITING › Subchapter C - EXCISE TAXES › Section 41.34 - Sacramental Wine

Current through Reg. 49, No. 28; July 12, 2024
(a) Any minister,
				  priest, rabbi, or the authorized head of any religious organization may obtain
				  any wine, tax free, for sacramental purposes.
(b) Each wholesaler, Class B wholesaler, or
				  winery shall, for each transaction, obtain a letter from the minister, priest,
				  rabbi, or other authorized head of any religious organization who obtains from
				  him any wine for sacramental purposes, tax-free, to the effect that said wine
				  will be used for sacramental purposes. In computing tax liability, no credit
				  shall be allowed for such transactions unless such letter is submitted as
				  documentary proof that such wine was delivered to a minister, priest, rabbi, or
				  other authorized head of a religious organization, and such letter shall be
				  kept available for the inspection of a representative of the commission for a
				  period of at least two years.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 41 - AUDITING › Subchapter C - EXCISE TAXES › Section 41.35 - Reporting Required for Export of Alcoholic Beverages

Current through Reg. 49, No. 28; July 12, 2024
License and permit holders authorized to export alcoholic
					 beverages must list those transactions as tax-exempt out-of-state exports on
					 monthly excise tax reports.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 41 - AUDITING › Subchapter C - EXCISE TAXES › Section 41.36 - Export of Malt Beverages Not Legal for Sale

Current through Reg. 49, No. 28; July 12, 2024
(a) This section applies to the export of
				  malt beverages that are not legal for sale in Texas under Alcoholic Beverage
				  Code §§
										RSA
				  62.09,
				  RSA
				  64.09, and
				  RSA
				  66.11.
(b) The holder of any class of distributor's
				  license with the intent to receive, store, transport, and deliver for export to
				  another state malt beverages that are otherwise illegal to sell to a Texas
				  retailer because of alcohol content, container size, package, or label shall:
(1) store and segregate the products
				  separately from products that are legal to sell to a Texas retailer;
(2) prepare a separate invoice for each
				  transaction, which shall be different from the invoice used for malt beverages
				  that are legal to sell to a Texas retailer; and
(3) maintain each invoice for at least two
				  years and make them available upon request by an authorized representative of
				  the commission.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 41 - AUDITING › Subchapter C - EXCISE TAXES › Section 41.37 - Destructions

Current through Reg. 49, No. 28; July 12, 2024
(a) Each permittee subject to the provisions
				  of Alcoholic Beverage Code §§
										RSA
				  201.03,
				  RSA
				  201.04, or
				  RSA
				  201.42, and each licensee subject to the
				  provisions of Alcoholic Beverage Code §
										RSA
				  203.01, is entitled to receive a tax
				  exemption or a tax credit for alcoholic beverages destroyed in accordance with
				  subsections (c) - (g) of this section.
(b) Each permittee or licensee eligible to
				  destroy alcoholic beverages following a natural disaster pursuant to Alcoholic
				  Beverage Code §
										RSA
				  109.09, is entitled to receive a tax
				  exemption or a tax credit for alcoholic beverages destroyed in accordance with
				  subsection (i) of this section.
(c)
				  To be claimed as a destruction for purposes of receiving a tax exemption or a
				  tax credit, the alcoholic beverages must be destroyed in such a manner that the
				  product is rendered unrecoverable or unfit for human consumption.
(d) A permittee or licensee must comply with
				  the following requirements prior to the destruction of alcoholic beverages for
				  which a tax exemption or tax credit is claimed, unless it submits to the
				  commission a written request for an exception and receives approval of the
				  request prior to destruction:
(1) At least
				  three full working days prior to the destruction, the permittee or licensee
				  must notify the nearest authorized representative of the commission of the
				  intent to destroy the alcoholic beverages. This notification must be made in
				  writing on the commission's Application for Destruction of Alcoholic Beverages
				  and contain a complete listing by brand, quantity, container size, and package
				  size of the alcoholic beverages to be destroyed. This requirement for a
				  complete listing may be satisfied by attaching a computerized listing that
				  provides all the required documentation to the Application for Destruction of
				  Alcoholic Beverages.
(2) The
				  permittee or licensee must receive written approval from an authorized
				  representative of the commission to conduct the destruction.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 41 - AUDITING › Subchapter C - EXCISE TAXES › Section 41.38 - Production Record

Current through Reg. 49, No. 28; July 12, 2024
(a) Each holder of a
				  distiller's and rectifier's permit, winery permit, brewer's license, or brewpub
				  license shall make a production record to be retained by the license or permit
				  holder and made available to a representative of the commission upon
				  request.
(b) The production record
				  shall show:
(1) a full and complete report of
				  all liquor or malt beverages manufactured, received, and produced;
(2) the date of each day's
				  operation;
(3) for each day's
				  operation, the opening inventory in bulk gallons;
(4) receipts in bulk gallons;
(5) bulk gallons used in
				  production;
(6) closing inventory
				  in bulk gallons;
(7) total units
				  produced, stating number, size, and type of container;
(8) total gallons produced; and
(9) total taxable gallons produced of malt
				  beverage or class of liquor.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 41 - AUDITING › Subchapter C - EXCISE TAXES › Section 41.39 - Amount of Excise Tax Bonds

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Excise tax bonds required by Chapter 204 of the Alcoholic Beverage Code and by
				  Chapter 33, Subchapter C, of this title to be maintained by license or permit
				  holders authorized to import malt beverages or liquor into this state shall be
				  in a minimum amount of $1,000 and the maximum amounts of the bonds shall be
				  determined by the executive director. The maximum bond fixed by the executive
				  director must be an amount that will adequately protect the State of Texas
				  against the anticipated tax liability of the principal during any six-week
				  period.
(b) The executive director
				  may investigate the adequacy of any bond and adjust the bond as they deem
				  justified by the investigation results.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 41 - AUDITING › Subchapter C - EXCISE TAXES › Section 41.40 - Reports Required for Brewpubs

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Each holder of a brewpub license shall make a monthly report to the commission
				  on forms prescribed or approved by the executive director or executive
				  director's designee.
(b) The report
				  shall be electronically submitted or, if mailed, postmarked on or before the
				  15th day of the month following the calendar month for which the report is
				  made.
(c) Upon request by an
				  authorized representative of the commission, invoices shall be submitted to
				  support each entry in the report. A legible copy of each invoice must show the:
(1) invoice number and invoice
				  date;
(2) trade name, license
				  number, and address of the brewpub;
(3) trade name, license or permit number, and
				  shipping address of the purchaser;
(4) brand name, type, number and size of
				  containers, total cases, unit and or line-item extension price, and total sales
				  price;
(5) origin of shipment and
				  shipping date; and
(6) total
				  gallons of malt beverage invoiced.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 41 - AUDITING › Subchapter D - SALES OF ALCOHOLIC BEVERAGES NOT IN REGULAR COURSE OF BUSINESS › Section 41.41 - Sale to and by Lien Holders

Current through Reg. 49, No. 28; July 12, 2024
(a) All
				  alcoholic beverages are subject to levy and other judicial process the same as
				  any other personal property under the general laws of the state.
(b) Alcoholic beverages may be sold to and
				  purchased by lien holders and licensees and permittees who are privileged to
				  purchase and sell the same.
(c) In
				  all instances after such sale has been made, the person making the sale shall
				  notify the executive director or the executive director's designee, giving the
				  date of sale, the names and addresses of both the original owner and the
				  purchaser, an inventory of the beverages sold and the name of the lien holder
				  or lien holders. A lien holder who is not a licensee or permittee and who
				  purchases alcoholic beverages or who procures title thereto in any other lawful
				  manner shall dispose of such alcoholic beverages within 30 days after acquiring
				  title thereto, unless the executive director grants additional time for good
				  cause shown.
(d) Before reselling
				  alcoholic beverages under this section, the lien holder shall apply to the
				  executive director or the executive director's designee for permission to make
				  such sale. The application shall show the name and address of the intended
				  purchaser, the number of the intended purchaser's license or permit, the
				  quantity and type of beverages to be sold, and the date and manner of the sale,
				  and shall include copies of any documentation by which the lien holder procured
				  title thereto.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 41 - AUDITING › Subchapter D - SALES OF ALCOHOLIC BEVERAGES NOT IN REGULAR COURSE OF BUSINESS › Section 41.42 - Sale by Carrier

Current through Reg. 49, No. 28; July 12, 2024
(a) Any person
				  authorized to transport alcoholic beverages may sell, in accordance with law,
				  any alcoholic beverage the person acquires by reason of unpaid charges, to any
				  permittee or licensee who is privileged to import and sell such alcoholic
				  beverage.
(b) Any person
				  contemplating such sale shall apply to the executive director or the executive
				  director's designee, setting out the facts regarding such shipment, the names
				  and addresses of the consignor and consignee, the name and address of the
				  proposed purchaser, and documentation supporting the amount of the charges
				  due.
(c) No person authorized to
				  transport alcoholic beverages shall sell or offer for sale any alcoholic
				  beverages for unpaid charges except in the manner herein provided.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 41 - AUDITING › Subchapter D - SALES OF ALCOHOLIC BEVERAGES NOT IN REGULAR COURSE OF BUSINESS › Section 41.43 - Sale after Cancellation, Expiration, or Voluntary Suspension of License or Permit

Current through Reg. 49, No. 28; July 12, 2024
(a) In the event
				  any license or permit granted under the code is cancelled, expires, or is
				  voluntarily suspended by the license or permit holder, the license or permit
				  holder is authorized for 30 days thereafter to sell or dispose of its remaining
				  inventory of alcoholic beverages on hand at the time of the license or permit
				  cancellation, expiration, or voluntary suspension, in bulk, to a licensee or
				  permittee authorized to purchase and sell same.
(b) If a necessity exists for a longer
				  period, written permission must be procured from the executive director or the
				  executive director's designee. The application for such permission shall
				  specify the reasons.
(c) A holder
				  of a license or permit who holds more than one such license or permit and who
				  submits one to the commission for cancellation or voluntary suspension may
				  request approval to transfer the inventory on hand to one of its other licensed
				  or permitted locations.
(d) In all
				  cases where alcoholic beverages are disposed of or sold in bulk as herein set
				  out, a sworn transfer document shall be filed with the local office of the
				  commission and is subject to approval by the executive director or the
				  executive director's designee. Approval of the sale or transfer shall not be
				  granted if either the seller or purchaser is delinquent under Alcoholic
				  Beverage Code § 102.32 and § 45.130 of this title at the time of the
				  request.
(e) The transfer document
				  filed with the commission must show the complete inventory of alcoholic
				  beverages on hand. The inventory shall show the quantity, brand, and size of
				  each container of alcoholic beverage, and for distilled spirits it shall also
				  show the identification stamp number affixed to each container.
(f) Both the transferor and the transferee
				  shall sign the transfer document under oath before a notary public swearing to
				  the correctness of the transaction.
(g) All alcoholic beverages shall be
				  transferred in a single transaction unless, based on the circumstances,
				  multiple transactions are approved by the executive director or the executive
				  director's designee.
(h) No person
				  shall dispose of any alcoholic beverages after the expiration, cancellation, or
				  voluntary suspension of a license or permit except in the manner and within the
				  time herein specified unless written permission is procured from the executive
				  director or the executive director's designee.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 41 - AUDITING › Subchapter E - PRIVATE CLUBS › Section 41.50 - General Provisions

Current through Reg. 49, No. 28; July 12, 2024
(a) Definitions. The
				  following words and terms, when used in this subchapter, have the following
				  meanings, unless the context clearly indicates otherwise:
(1) Club--A private club.
(2) Guest--An individual who is personally
				  known by the member or one of the member's family and who is admitted to the
				  club premises by personal introduction of, or in the physical company of, the
				  member or one of the member's family.
(3) Member and membership--A member of and
				  membership in a private club.
(4)
				  Member's family--A spouse, parent, sibling, or adult child of the
				  member.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 41 - AUDITING › Subchapter E - PRIVATE CLUBS › Section 41.51 - Requirements for Permit; Membership

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  This section does not apply to temporary members or to hotel patrons, as
				  described in Alcoholic Beverage Code §§
										RSA
				  32.09,
				  RSA
				  32.10, and
				  RSA
				  32.11.
(b) To qualify to hold a private club
				  registration permit, a private club must:
(1)
				  have 50 or more members at all times;
(2) have a membership committee composed of
				  three or more members of the club and vested with authority by charter, bylaw
				  or regulation to approve or reject membership applications and terminate
				  existing memberships. The governing body of a club, if qualified under this
				  provision, may be the membership committee, and when functioning as such is
				  subject to and governed by all provisions herein relating to the membership
				  committee. When considering a membership application or termination of
				  membership, the membership committee shall keep written minutes showing the
				  meeting date, the names of all committee members present, the name of any
				  person admitted to membership, and the name of any person whose membership was
				  terminated. No minutes are required of any discussion or action regarding a
				  membership application that is denied;
(3) have, other than charter members, no
				  members except those approved by at least three members of the membership
				  committee at a meeting of such a committee;
(4) keep a well-bound book in which is shown
				  the following about each member: the full name of the member, the member's
				  initial membership number which shall be issued in sequence, the current
				  complete address of such member, the date such member was admitted to
				  membership, and the date such member was removed from membership. When a member
				  has been removed from membership, the membership number may be reassigned to
				  another member. Additional well-bound books may be used if necessary to record
				  the information required by this paragraph, but all such books shall be kept
				  permanently by the club;
(5) keep
				  all books, records, and minutes required herein on the premises of the club,
				  and make them available to any representative of the commission upon reasonable
				  notice; and
(6) maintain in force
				  any bond required and executed by the corporation as principal, if an
				  incorporated club, or by an officer of the club as principal, if an
				  unincorporated club. Such bond shall be executed by a surety company duly
				  authorized and qualified to do business in this state, as surety, in an amount
				  required by rule of the commission payable to the State of Texas conditioned
				  that all fees and taxes owed by such club to the State of Texas shall be paid.
				  Such bond shall be in a form approved by the executive director and the
				  attorney general of Texas.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 41 - AUDITING › Subchapter E - PRIVATE CLUBS › Section 41.52 - Temporary Memberships

Current through Reg. 49, No. 28; July 12, 2024
(a) This rule
				  relates to §
										RSA
				  32.09 of the Alcoholic Beverage
				  Code.
(b) A holder of a private
				  club registration permit shall:
(1) issue a
				  temporary membership card to any person who intends to be served alcoholic
				  beverages on its licensed premises, except a person who is a member of the club
				  or a guest of a member of the club, or, if the club is located in a hotel, a
				  patron of the hotel who is at the hotel for overnight lodging and is a guest of
				  the hotel manager who is a member of the club; and
(2) keep a record with entries made in
				  chronological order showing the following about temporary membership cards
				  issued: the date issued, the name of the person to whom the card was issued,
				  and the serial number of the temporary membership card.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 41 - AUDITING › Subchapter E - PRIVATE CLUBS › Section 41.53 - Pool Systems

Current through Reg. 49, No. 28; July 12, 2024
(a) This section
				  relates to §§
										RSA
				  32.06 and
				  RSA
				  32.13 of the Alcoholic Beverage
				  Code.
(b) Equal Assessment Pool
				  Systems. Each holder of a private club registration permit operating under a
				  pool system that requires each member of the pool to participate equally in the
				  purchase and replacement of alcoholic beverages shall:
(1) purchase all such alcoholic beverages
				  with money assessed and collected in advance from each member
				  equally;
(2) initially set the
				  assessment fee according to the club's by-laws or governing body and increase
				  or decrease the fee as needed upon approval of the club's governing body and
				  recording of the fee change in the club's minutes;
(3) use only money from the fee assessment to
				  purchase or replace alcoholic beverages purchased for use under the equal
				  assessment pool system; and
(4)
				  keep a well-bound book in which is recorded the following about each member of
				  the pool: the member's name and membership number, the date and amount of each
				  liquor pool assessment, and the date of payment of the assessment. This rule
				  does not apply to fraternal organizations or to veterans'
				  organizations.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 41 - AUDITING › Subchapter E - PRIVATE CLUBS › Section 41.54 - Locker Systems

Current through Reg. 49, No. 28; July 12, 2024
(a) This section
				  relates to §§
										RSA
				  32.05,
				  RSA
				  32.10, and
				  RSA
				  32.13 of the Alcoholic Beverage
				  Code.
(b) A club may allow its
				  members to store their privately-owned alcoholic beverages in secure lockers on
				  the club premises.
(c) All
				  alcoholic beverages owned by each member under the locker system must be kept
				  in a locker rented only to such member at all times, except when the member,
				  one of the member's family or the member's guest is present on the premises and
				  using such alcoholic beverages. This section does not apply to fraternal
				  organizations or to veterans' organizations.
(d) The club will be assessed gross receipts
				  taxes on alcoholic beverages kept in member lockers based upon storage fees,
				  corkage fees, and/or service fees collected by the club.
(e) The club must keep the following records
				  on the premises for at least two years and must make available to the TABC upon
				  reasonable request:
(1) receipts or other
				  records of storage fees, corkage fees, and/or service fees collected;
(2) an inventory of each alcoholic beverage
				  stored in a member locker, including the brand and container size of distilled
				  spirits, locker number, and member name or other unique identifier, such as a
				  membership number; and
(3) with
				  respect to distilled spirits, the inventory must include other identification
				  approved by the commission sufficient to demonstrate that the distilled spirit
				  is owned by the member.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 41 - AUDITING › Subchapter E - PRIVATE CLUBS › Section 41.55 - Food Service

Current through Reg. 49, No. 28; July 12, 2024
A private club shall provide regular, adequate food service
					 including, at a minimum, meals available on the club premises for service to
					 members, their families, and guests. The food service requirement may be
					 fulfilled through the use of a concession or catering agreement with an outside
					 vendor. Prepared food must be available upon request and must be delivered and
					 served at the licensed premises. Payment for food service must be made to the
					 private club. This section does not apply to fraternal organizations or
					 veterans' organizations.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 41 - AUDITING › Subchapter E - PRIVATE CLUBS › Section 41.56 - Enforcement

Current through Reg. 49, No. 28; July 12, 2024
The executive director may, after notice and hearing,
					 suspend for a period not exceeding 60 days or cancel a private club
					 registration permit:
(1) if the
				  executive director finds that the club or any of its members, agents, servants,
				  or employees has:
(A) served, consumed or
				  permitted another person to consume an alcoholic beverage on the premises of
				  the club at any time when the private club registration permit of such club is
				  suspended by an order of the executive director;
(B) made a false statement or a
				  misrepresentation in any book, record, minutes or report, or other written
				  matter required to be kept or reported by this subchapter or by any provision
				  of the Alcoholic Beverage Code; or
(C) failed to comply with any requirement set
				  forth in this subchapter; or
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 41 - AUDITING › Subchapter F - IDENTIFICATION STAMPS › Section 41.60 - Identification Stamps and Local Distributor's Records

Current through Reg. 49, No. 28; July 12, 2024
(a) Definitions. The following words and
				  terms, when used in this section, have the following meanings, unless the
				  context clearly indicates otherwise:
(1)
				  Identification stamp--The identification stamp referenced in §§
											RSA
				  28.15 and
				  RSA
				  32.20 of the Alcoholic Beverage
				  Code.
(2) Invoice--An instrument
				  requesting payment for alcoholic beverages issued by the seller of alcoholic
				  beverages to a permittee.
(3)
				  Mutilate--To scratch, cut, tear, or abrade in a manner which inflicts obvious
				  and substantial damage to the stamp but does not totally remove or obliterate
				  the stamp.
(4) Retail
				  permittee--The holder of a mixed beverage permit, a private club registration
				  permit, or private club exemption certificate permit.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 45 - MARKETING PRACTICES › Subchapter A - GENERAL PROVISIONS › Section 45.1 - Statutory Authority and Applicability

Current through Reg. 49, No. 28; July 12, 2024
(a) This chapter implements Alcoholic
				  Beverage Code §§
										RSA
				  101.67 and
				  RSA
				  101.671, which provide for the registration
				  of alcoholic beverage products with the state, and Chapter 108,
				  Advertising.
(b) This chapter does
				  not apply to:
(1) distilled spirits for
				  export or for industrial use;
(2)
				  wine produced pursuant to §
											RSA
				  109.21, Alcoholic Beverage Code;
(3) wine that is to be exported in
				  bond;
(4) malt beverages in bond;
				  or
(5) malt beverages manufactured
				  for sale exclusively outside this state.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 45 - MARKETING PRACTICES › Subchapter A - GENERAL PROVISIONS › Section 45.3 - General Prohibition

Current through Reg. 49, No. 28; July 12, 2024
No person may ship or import into the state, manufacture
					 and offer for sale, or distribute or sell an alcoholic beverage product in this
					 state in a manner that does not comply with all applicable requirements of this
					 chapter.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 45 - MARKETING PRACTICES › Subchapter A - GENERAL PROVISIONS › Section 45.4 - Product Registration Required

Current through Reg. 49, No. 28; July 12, 2024
(a) Except as
				  provided by subsection (b) of this section, no alcoholic beverage product may
				  be shipped or imported into the state, manufactured and offered for sale, or
				  distributed or sold in the state until the product is registered with the
				  commission.
(b) Product
				  registration is not required for products sold:
(1) in compliance with Code §101.6701 by
				  holders of brewer's licenses authorized to sell directly to consumers under
				  Code §62.122;
(2) by holders
				  of brewpub licenses except for malt beverages sold under the authority of Code
				  §§74.08 or a distributor under 74.09;
(3) pursuant to out-of-state winery direct
				  shipper's permits under Chapter 54 of the Code;
(4) by a vintage distilled spirits seller
				  pursuant to Code §§22.19 or 23.07; and
(5) by a wine collection seller pursuant to
				  Code §§111.002 or 111.003.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 45 - MARKETING PRACTICES › Subchapter A - GENERAL PROVISIONS › Section 45.5 - Denial of Product Registration

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The commission may deny an application for product registration for one or more
				  of the following reasons:
(1) the product
				  label does not meet applicable federal requirements;
(2) registration of the product would create
				  a cross-tier violation;
(3) the
				  label includes a statement, design, device, or representation that is obscene
				  or indecent;
(4) the commission
				  determines the product would create a public safety concern; or
(5) the commission determines the product
				  violates any other section of the Code.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 45 - MARKETING PRACTICES › Subchapter A - GENERAL PROVISIONS › Section 45.6 - Revocation of Registration

Current through Reg. 49, No. 28; July 12, 2024
The commission may revoke product registration at any time
					 if the registration was granted in error; if the commission receives new
					 information supporting a denial under §
										RSA
					 45.5 of this title; or if the registration
					 was issued subject to conditions and the conditions were not satisfied by the
					 deadline.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 45 - MARKETING PRACTICES › Subchapter A - GENERAL PROVISIONS › Section 45.7 - Time Limitation for Processing Product Registration Application

Current through Reg. 49, No. 28; July 12, 2024
(a) Not later than the 30th day after the
				  date the commission receives an application for registration of a product under
				  this section, the commission shall either approve or deny the registration
				  application.
(b) For purposes of
				  this chapter, an application is received only when all required information has
				  been received by the commission. An incomplete application is not considered
				  received.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 45 - MARKETING PRACTICES › Subchapter A - GENERAL PROVISIONS › Section 45.8 - Protest

Current through Reg. 49, No. 28; July 12, 2024
(a) If the commission denies the application
				  for a product with a valid COLA or fails to act on the application within the
				  time required by §
										RSA
				  45.7 of this title, the applicant is entitled
				  to an administrative hearing before the State Office of Administrative
				  Hearings.
(b) To request a hearing
				  under this chapter, the applicant must file a written request for hearing with
				  the commission within ten (10) business days of:
(1) receiving notification from the
				  commission that product registration has been denied; or
(2) the expiration of the time limit for
				  commission action, if the commission has not either approved or denied the
				  application.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 45 - MARKETING PRACTICES › Subchapter A - GENERAL PROVISIONS › Section 45.9 - Withdrawal of Application

Current through Reg. 49, No. 28; July 12, 2024
An applicant may unconditionally withdraw their
					 application for product registration at any time prior to product registration
					 or issuance of a notification of denial.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 45 - MARKETING PRACTICES › Subchapter A - GENERAL PROVISIONS › Section 45.10 - Application Fee

Current through Reg. 49, No. 28; July 12, 2024
(a) The fee for an
				  application for registration under this chapter is $25 and shall be paid at the
				  time the application is filed.
(b)
				  An applicant for product registration under this chapter is not entitled to a
				  refund of the application fee for any reason.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 45 - MARKETING PRACTICES › Subchapter A - GENERAL PROVISIONS › Section 45.11 - When Reapplication Is Required

Current through Reg. 49, No. 28; July 12, 2024
(a) For products registered with the
				  commission using a federal COLA, any change to the label or product that
				  requires issuance of a new COLA requires reapplication for product registration
				  with the commission.
(b) For
				  products registered with the commission that are not eligible for a federal
				  COLA, any change to the label or product requires reapplication for product
				  registration with the commission, except for the following permissible label
				  revisions:
(1) Deleting any non-mandatory
				  label information, including text, illustrations, graphics, and
				  ingredients;
(2) Repositioning any
				  label information, including text, illustrations, and graphics;
(3) Changing the color of the background or
				  text, the shape, or the proportionate size of labels;
(4) Changing the type size or font or make
				  appropriate changes to the spelling (including punctuation marks and
				  abbreviations) of words;
(5)
				  Changing the type of container or net contents statement;
(6) Adding, deleting, or changing optional
				  information referencing awards, medals or a rating or recognition provided by
				  an organization as long as the rating or recognition reflects simply the
				  opinion of the organization and does not make a specific substantive claim
				  about the product or its competitors;
(7) Adding, deleting, or changing holiday or
				  seasonal-themed graphics, artwork, or salutations;
(8) Adding, deleting, or changing promotional
				  sponsorship-themed graphics, logos, artwork, dates, event locations or other
				  sponsorship-related information; and
(9) Adding, deleting or changing references
				  to a year or date.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 45 - MARKETING PRACTICES › Subchapter A - GENERAL PROVISIONS › Section 45.12 - Application Procedures During Interruption of Federal Agency Operations

Current through Reg. 49, No. 28; July 12, 2024
(a) In the event of a federal government
				  shutdown or other interruption in service that prevents the TTB from issuing
				  COLAs, the commission shall evaluate applications using the federal standards
				  required for the applicant to receive a COLA or the federal exemption from the
				  COLA requirements, if applicable.
(b) If the applicant meets the applicable
				  federal standards, the commission shall register the product on a provisional
				  basis.
(c) An applicant whose
				  product has been registered with the state on a provisional basis shall apply
				  for a COLA or any applicable federal exemption from COLA requirements within 30
				  days of the resumption of services of the TTB.
(d) The provisional registration with the
				  state shall expire automatically on the 31st day after the resumption of
				  services of the TTB, unless the applicant has timely filed an application with
				  the TTB. If the applicant timely filed an application with the TTB, the
				  applicant's provisional registration shall continue in effect either:
(1) if the TTB denies the applicant's COLA or
				  exemption application, until the notice of that denial is issued by the TTB; or
(2) if the TTB issues the COLA or
				  grants the exemption, until 30 days after the COLA or exemption is issued.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 45 - MARKETING PRACTICES › Subchapter B - ENFORCEMENT › Section 45.20 - Exhibiting Certificates to Representatives of the Commission

Current through Reg. 49, No. 28; July 12, 2024
It shall be unlawful for any person to fail or refuse to
					 exhibit, upon demand or request by any authorized representative of the
					 commission, the certificate of approval as issued by the United States
					 Department of the Treasury or the executive director.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 45 - MARKETING PRACTICES › Subchapter B - ENFORCEMENT › Section 45.21 - Examination and Testing of Product

Current through Reg. 49, No. 28; July 12, 2024
Samples of alcoholic beverages shall be taken for
					 examination by representatives of the commission whenever deemed necessary by
					 the executive director. Examinations may include any chemical or physical
					 determinations for the measurement of contents, the detection of alteration,
					 and lack of conformity to standards of identity, quality, and purity, as set
					 forth in the Code and the rules of the commission.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 45 - MARKETING PRACTICES › Subchapter B - ENFORCEMENT › Section 45.23 - Alteration of Labels

Current through Reg. 49, No. 28; July 12, 2024
No person may alter, mutilate, destroy, obliterate, or
					 remove any mark, brand, or label on an alcoholic beverage product held for sale
					 in this state except:
(1) as
				  authorized by Texas law; and
(2)
				  the executive director may, on written application, permit additional labeling
				  or relabeling of bottled alcoholic beverages with labels covered by
				  certificates of label approval that comply with the requirements of this
				  subchapter and with state law.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 45 - MARKETING PRACTICES › Subchapter B - ENFORCEMENT › Section 45.24 - Records Retention

Current through Reg. 49, No. 28; July 12, 2024
(a) Producers of
				  alcoholic beverage products registered in this state shall retain records of
				  laboratory analyses of the contents of each registered product, including tests
				  of alcohol content.
(b) Producers
				  shall maintain records under this section in a manner that they can be made
				  available upon request of the commission.
(c) Producers shall maintain records under
				  this section until the product is no longer in the stream of commerce in the
				  state of Texas.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 45 - MARKETING PRACTICES › Subchapter B - ENFORCEMENT › Section 45.25 - Damaged Stock

Current through Reg. 49, No. 28; July 12, 2024
No alcoholic beverages may be sold or possessed for the
					 purpose of sale in this state that have had fire, smoke, or water damage to the
					 label, container, or contents, unless authorized by the executive
					 director.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 45 - MARKETING PRACTICES › Subchapter B - ENFORCEMENT › Section 45.26 - Intrastate Bottling

Current through Reg. 49, No. 28; July 12, 2024
It is unlawful for any distiller, rectifier, or other
					 bottler of distilled spirits in this state to bottle or remove such distilled
					 spirits from the licensed premises unless the distilled spirits have first been
					 registered with the commission or clearance of its export procedure has been
					 obtained from the executive director.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 45 - MARKETING PRACTICES › Subchapter B - ENFORCEMENT › Section 45.27 - Illicit Beverage

Current through Reg. 49, No. 28; July 12, 2024
(a) Any alcoholic
				  beverage or container that does not meet all the requirements of this chapter
				  is an illicit beverage subject to seizure without a warrant.
(b) The executive director may authorize such
				  disposition as facts and circumstances may warrant of any alcoholic beverage
				  that has been seized as the result of an accidental shipment or other
				  reasonable mistake.
(c) All
				  alcoholic beverages that cannot be restored to meet the standards of purity
				  shall be destroyed.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 45 - MARKETING PRACTICES › Subchapter C - SPECIFIC REQUIREMENTS FOR DISTILLED SPIRITS › Section 45.30 - Certificate of Registration for a Distilled Spirit Product

Current through Reg. 49, No. 28; July 12, 2024
(a) No distilled spirit may be shipped into
				  the state or sold within the state without a Certificate of Registration issued
				  by the commission.
(b) An applicant
				  for a Certificate under this section must hold a distiller's and rectifier's
				  permit or a nonresident seller's permit issued by the commission.
(c) An applicant must submit an application
				  to register a distilled spirit on the prescribed commission form. The
				  application must contain the following:
(1)
				  the product COLA issued by the TTB;
(2) all information required to complete the
				  application form; and
(3) the
				  application fee.