Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 45 - MARKETING PRACTICES › Subchapter A - GENERAL PROVISIONS › Section 45.2 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
When used in this chapter, the terms listed below shall
					 have the following meanings:
(1)
				  Advertisement--Any statement provided by or at the behest of a permittee
				  promoting the purchase of a brand of alcoholic beverage through the medium of:
				  radio broadcast; television broadcast; the internet; newspapers, periodicals,
				  or other publications; any sign or outdoor advertisement; or of any other
				  printed or graphic matter, including trade booklets, menus, and cards, if such
				  advertisement is in, or is calculated to induce sales in, this state, or is
				  disseminated by mail or electronic mail. The term "advertisement" does not
				  include: any label affixed to any alcoholic beverage bottle; or any individual
				  covering, carton, or other container of the bottle, or any written, printed,
				  graphic, or other matter accompanying the bottle, which constitutes a part of
				  the labeling under this chapter; or any editorial or other reading matter in
				  any periodical newspaper, or other publication for which no money or other
				  valuable consideration is paid or promised, directly or indirectly, by any
				  permittee.
(2) Alcoholic
				  beverage--Alcohol , or any beverage containing more than one-half of one
				  percent of alcohol by volume, which is capable of use for beverage purposes,
				  either alone or when diluted, including distilled spirits, malt beverages, and
				  wine, as defined herein.
(3)
				  Applicant--A person who submits an application with the commission to register
				  an alcoholic beverage product.
(4)
				  Bottler--Any person who places alcoholic beverages in containers.
(5) Brand label--The label carrying, in the
				  usual distinctive design, the brand name of the alcoholic beverage.
(6) Brewpub--A holder of a brewpub license
				  under Chapter 74 of the Alcoholic Beverage Code.
(7) Code--The Texas Alcoholic Beverage
				  Code.
(8) COLA--A certificate of
				  label approval issued by the United States Alcohol and Tobacco Tax and Trade
				  Bureau pursuant to 27 CFR Ch. I, Subch. A, Part 13.
(9) Commission--The state agency, the Texas
				  Alcoholic Beverage Commission; this term is not intended to refer to the
				  agency's commissioners sitting as a deliberative body.
(10) Container--Any can, bottle, barrel, keg,
				  cask, tank car, or other closed receptacle, irrespective of size or of the
				  material from which made, for use for the sale of malt alcoholic beverages.
				  This provision does not in any way relax or modify §
										RSA
				  1.04<subdiv>(18)</subdiv> of the
				  Alcoholic Beverage Code.
(11)
				  Distilled spirits--Alcohol, ethyl alcohol, hydrated oxide of ethyl, spirits of
				  wine, whiskey, rum, brandy, gin, other distilled spirits, and any liquor
				  produced in whole or in part by the process of distillation, including all
				  mixtures and dilutions thereof.
(12) Malt beverage--A fermented beverage of
				  any name or description containing one-half of one percent or more of alcohol
				  by volume, brewed or produced from malt, in whole or in part, or from any malt
				  substitute.
(13) Person--A natural
				  person or association of natural persons, trustee, receiver, partnership,
				  corporation, organization, or the manager, agent, servant, or employee of any
				  of them.
(14) Producer--A
				  manufacturer of all classes of alcoholic beverages and nonresident sellers that
				  are the primary American source of supply for purposes of §37.10 of the
				  Code.
(15) TTB--The United States
				  Alcohol and Tobacco Tax and Trade Bureau or its successor agency.
(16) Sake--An alcoholic beverage made by
				  fermenting rice.
(17) Wine--A
				  product obtained from the alcoholic fermentation of juice of sound ripe grapes,
				  fruits, berries, or honey, and includes wine coolers and other alcoholic
				  beverages made in the manner of wine, including sparkling and carbonated wine,
				  vermouth, cider, sake, and perry.