reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 33 - LICENSING › Subchapter G - EMERGENCY ORDERS › Section 33.104 - Contents of Emergency Order

Current through Reg. 49, No. 28; July 12, 2024
An emergency order issued under this subchapter shall
					 contain at least the following:
(1)
				  the name and address of the license or permit holder and information sufficient
				  to identify the premises affected by the order;
(2) a brief statement of fact supporting the
				  issuance of the order;
(3) a
				  determination that the continued operation of a permitted or licensed business
				  would constitute a continuing threat to the public welfare; and
(4) a statement of the term of the order,
				  including the date on which it begins and ends.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 33 - LICENSING › Subchapter G - EMERGENCY ORDERS › Section 33.105 - Appeals of Emergency Orders

Current through Reg. 49, No. 28; July 12, 2024
There is no right to appeal to the commission an
					 administrative law judge's determination affirming, modifying, or setting aside
					 an emergency order issued under this subchapter.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 34 - SCHEDULE OF SANCTIONS AND PENALTIES › Section 34.1 - General Provisions

Current through Reg. 49, No. 28; July 12, 2024
(a) This rule
				relates to §§
									RSA
				11.61,
				RSA
				11.64,
				RSA
				11.641,
				RSA
				104.01, and
				RSA
				106.13 of the Alcoholic Beverage
				Code.
(b) Definitions. When used in
				this chapter, the following words and have the following meanings unless the
				context clearly indicates otherwise:
(1)
				Assist--as used in Alcoholic Beverage Code §§
										RSA
				61.71<subdiv>(a)(11)</subdiv> and
				RSA
				106.09<subdiv>(a)</subdiv>, the
				word "assist" shall not be construed to mean that a person under 18 years of
				age assists in selling, serving, preparing, handling, or dispensing alcoholic
				beverages merely by being employed to work on or about a premises where
				alcoholic beverages are sold or served, as long as the person under 18 years of
				age does not have a direct and immediate connection with any particular sale or
				service of such beverages.
(2) The
				Code--the Texas Alcoholic Beverage Code.
(3) Lewd and vulgar entertainment or
				acts--Any sexual offenses contained in the Texas Penal Code, Chapter 21, or any
				public indecency offenses contained in the Texas Penal Code, Chapter
				43.
(4) Narcotic--Any substance
				defined in the Texas Controlled Substances Act, §481.002(5), (6), (7), or
				(26).
(5) Written--any method of
				writing by any method of transmission, including hand-written or typed and
				transmitted by hand delivery, mail, e-mail, fax, or through an internet-based
				management system directly accessible by the recipient.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 34 - SCHEDULE OF SANCTIONS AND PENALTIES › Section 34.2 - Schedule of Sanctions and Penalties for Health, Safety and Welfare Violations

Current through Reg. 49, No. 28; July 12, 2024
(a) An act or
				failure to act that results in a violation of the Code or rules that represents
				a threat to the public health, safety, or welfare will be assessed sanctions
				and penalties according to Figure 16 TAC § 34.2(e) and/or a license or
				permit suspension or cancellation. Each sanction in Figure 16 TAC §
				34.2(e) other than cancellation includes an optional monetary penalty of $300
				per day of suspension.
(b) The list
				of violations in Figure 16 TAC § 34.2(e) is nonexclusive; the absence of a
				statute or rule from the chart does not limit the commission's statutory
				authority to enforce compliance with the Code and its rules by assessing
				penalties.
(c) Violations of Code
				§§11.61(b)(7), 32.17(a)(8), and 61.71(a)(16), and §
									RSA
				34.3 of this title, which are not listed in
				Figure §34.2(e), will be assessed sanctions based upon all relevant facts
				and circumstances.
(d) For a
				contested case brought under subchapters C and D of the Administrative
				Procedure Act or an investigation or violation referred to the legal services
				division of the commission for resolution, the sanctions and penalties in
				Figure §34.2 may be used as a guideline but adherence is not
				required.
(e) Nothing in this rule
				shall be construed to limit the commission's authority to suspend or cancel a
				license or permit under §§11.38, 11.61, 32.17, 61.71, 201.075, or any
				other provision of the Code authorizing suspension or cancellation of a license
				or permit.
Attached
				  Graphic
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 34 - SCHEDULE OF SANCTIONS AND PENALTIES › Section 34.3 - Offenses Against the General Welfare; Place or Manner Violations

Current through Reg. 49, No. 28; July 12, 2024
(a) This rule relates to §§
									RSA
				11.46<subdiv>(a)(8)</subdiv>,
				RSA
				11.61<subdiv>(b)(7)</subdiv>,
				RSA
				61.42<subdiv>(a)(3)</subdiv> and
				RSA
				61.71<subdiv>(a)(16)</subdiv> of
				the Alcoholic Beverage Code.
(b) A
				licensee or permittee violates the provisions of the Code cited in subsection
				(a) of this section if any of the offenses listed in subsection (c) of this
				section are committed:
(1) by the licensee or
				permittee in the course of conducting its alcoholic beverage business;
				or
(2) by any person on the
				licensee or permittee's licensed premises; and
(3) the licensee or permittee knew or, in the
				exercise of reasonable care, should have known of the offense or the likelihood
				of its occurrence and failed to take reasonable steps to prevent the
				offense.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 34 - SCHEDULE OF SANCTIONS AND PENALTIES › Section 34.4 - Suspensions

Current through Reg. 49, No. 28; July 12, 2024
(a) This section implements Alcoholic
				Beverage Code (Code) §11.64(a), which requires the commission to adopt
				rules addressing when a suspension may be imposed without the opportunity to
				pay a civil penalty.
(b) The
				executive director or the executive director's designee may deny a licensee or
				permittee the option of paying a civil fine in lieu of a suspension of the
				license or permit if the licensee or permittee has violated one or more of the
				following provisions of the Code:
(1) Section
				11.61(b)(14): sale to an intoxicated person by a permittee;
(2) Section 22.12: breach of the peace on the
				premises of a package store;
(3)
				Section 28.11: breach of the peace on the premises of a mixed beverage
				permittee;
(4) Section 32.17(a)(2):
				refuse to allow an authorized agent or representative to come onto the
				premises;
(5) Section 32.17(a)(3):
				refuse to furnish requested information to the commission or its agents or
				representatives;
(6) Section
				32.17(a)(7): consumption or service of alcohol on the premises during
				prohibited hours;
(7) Section
				61.71(a)(5): sale to a minor by a licensee;
(8) Section 61.71(a)(6): sale to an
				intoxicated person by a licensee;
(9) Section 61.74(a)(14): sale to a minor by
				a licensee;
(10) Section 69.13:
				breach of the peace on the premises of an on-premise retail malt beverage
				dealer;
(11) Section 71.09: breach
				of the peace on the premises of an off-premise retail malt beverage
				dealer;
(12) Section 101.04: refuse
				to allow inspection;
(13) Section
				104.01(a)(4): solicitation of drinks;
(14) Section 101.63: sale to an intoxicated
				person;
(15) Section 106.03: sale
				to a minor;
(16) Section 106.06:
				purchase of alcohol for a minor;
(17) Section 106.15: engage in prohibited
				activity related to dancing by a person under 18;
(18) Chapter 105: sale or offer of sale of an
				alcoholic beverage during prohibited hours, or consumption or permitting
				consumption of an alcoholic beverage during prohibited hours;
(19) any offense relating to gambling,
				prostitution or trafficking of persons; or
(20) any offense relating to controlled
				substances or drugs.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 34 - SCHEDULE OF SANCTIONS AND PENALTIES › Section 34.10 - Sanctions for Regulatory Violations

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Regulatory violations of listed statutory and rule provisions will be assessed
				a base penalty of $250, $500, or $1,000 as shown in Figure §34.10(g). Base
				penalties may be augmented or discounted based upon the number of violations
				and other circumstances surrounding the violation, according to the commission
				Penalty Policy in effect on the date the violation occurred or on the first
				date the violation occurred, if it is a violation that is ongoing in
				nature.
(b) The penalty chart in
				Figure §34.10 is non-exclusive; the absence of a statute or rule from the
				chart does not limit the commission's statutory authority to enforce compliance
				with the Code and its rules by assessing administrative penalties.
(c) For a contested case brought under
				subchapters C and D of the Administrative Procedure Act or an investigation or
				violation referred to the legal services division of the commission for
				resolution, the sanctions and penalties in Figure §34.10 may be used as a
				guideline but adherence is not required.
(d) Nothing in this rule shall be construed
				to limit the commission's authority to suspend or cancel a license or permit
				under §§11.38, 11.61, 32.17, 61.71, 201.075, or any other provision
				of the Code authorizing suspension or cancellation of a license or
				permit.
(e) The number of days of
				license or permit suspension offered to the respondent in lieu of the penalty
				shall be commensurate with the penalty assessed under this section and
				calculated according to the commission Penalty Policy in effect on the date the
				violation occurred or on the first date the violation occurred, if it is a
				violation that is ongoing in nature.
(f) The Penalty Policy shall be publicly
				available and published on the commission's web site.
(g) The commission shall review the Penalty
				Policy and update or revise it as necessary at least once every seven (7)
				years.
Attached
				  Graphic
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 34 - SCHEDULE OF SANCTIONS AND PENALTIES › Section 34.20 - Attribution of Actions of Employee to License or Permit Holder

Current through Reg. 49, No. 28; July 12, 2024
(a) A license or permit holder who claims
				that the actions of an employee are not attributable to the license or permit
				holder under Code §106.14(a) must provide to the commission, not later
				than 10 days after receipt of an administrative notice of violation, an
				affidavit indicating that the license or permit holder was in compliance with
				the requirements of Code §106.14(a) at the time of the violation for which
				the administrative notice was issued. At a hearing in which the license or
				permit holder claims the benefits of Code §106.14(a), the license or
				permit holder may be required to present additional evidence to support such
				claim.
(b) If an employee performs
				an action described in paragraphs (1) or (2) of this subsection at a time when
				the employee does not possess a currently valid seller server certificate, then
				the action of the employee does not meet the requirements of Code
				§106.14(a)(2) and therefore shall be attributable to the license or permit
				holder.
(1) The employee sells, serves,
				dispenses or delivers an alcoholic beverage to:
(A) a person who is not a member of a private
				club on the club premises;
(B) a
				minor; or
(C) an intoxicated
				person.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 34 - SCHEDULE OF SANCTIONS AND PENALTIES › Section 34.21 - Mandatory Participation in Seller Server Certification

Current through Reg. 49, No. 28; July 12, 2024
(a) After notice and an opportunity for
				hearing, the commission may require by written order that a licensee or
				permittee require all of its employees to acquire and maintain seller server
				certification under Chapter 50 of this title, pursuant to Code §106.14.
				Such requirement may be imposed on a licensee or permittee that has:
(1) violated a provision of the code or rules
				relating to the sale, service, dispensation or delivery of alcoholic beverages
				to a minor or intoxicated person more than once in a twelve month period;
				or
(2) been found, by
				administrative order or court of competent jurisdiction, to have engaged in
				conduct directly or indirectly encouraging violations of law within the meaning
				of Code §106.14(a)(3).
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 34 - SCHEDULE OF SANCTIONS AND PENALTIES › Section 34.22 - Liability for Actions of Alcohol Delivery Drivers

Current through Reg. 49, No. 28; July 12, 2024
(a) These terms, when used in this rule, have
				the following meanings:
(1) Delivery
				driver--any person engaged by a consumer delivery permit holder as an alcohol
				delivery driver including, but not limited to those hired directly, hired
				indirectly, paid, unpaid, or contracted, whether or not in a supervisory
				role.
(2) Delivery driver training
				program--a commission-approved alcohol delivery driver certification program
				under chapter 50 of this title, established pursuant to Code
				§57.09.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 35 - ENFORCEMENT › Section 35.1 - Reporting a Breach of the Peace

Current through Reg. 49, No. 28; July 12, 2024
(a) This section
				relates to Alcoholic Beverage Code §§
									11.61(b)(21),
				22.12,
				24.11,
				25.04(b),
				26.03(b),
				28.11,
				32.24,
				61.71(a)(30),
				69.13, and
				71.09.
(b) Except as provided in this subsection, a
				licensee or permittee shall report to the commission a breach of the peace on a
				licensed premises as defined by §11.49 of the Code. The licensee or
				permittee shall make the report as soon as possible, but not later than five
				calendar days after the incident. If the incident is a shooting, stabbing or
				murder, or an incident involving serious bodily injury, the licensee or
				permittee shall report the breach of the peace not later than 24 hours from the
				time of the incident.
(c) Unless
				the report is required to be made in a specific manner pursuant to subsection
				(d) of this section, the report required by this section shall be made:
(1) in person at any commission
				office;
(2) through the
				commission's website;
(3) by e-mail
				to breachofpeace@tabc.texas.gov; or
(4) through the commission's internet-based
				reporting system.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 35 - ENFORCEMENT › Section 35.2 - Physical Inspection of Licensed and Permitted Premises

Current through Reg. 49, No. 28; July 12, 2024
(a) This section implements Alcoholic
				Beverage Code §
									RSA
				5.361<subdiv>(a-2)(2)</subdiv>.
(b) Notwithstanding §
									RSA
				35.3<subdiv>(d)</subdiv> of this
				title, the commission will physically inspect each in-state licensed or
				permitted premises at least once every eight (8) years.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 35 - ENFORCEMENT › Section 35.3 - Risk-Based Inspection of Licensed and Permitted Premises

Current through Reg. 49, No. 28; July 12, 2024
(a) This rule implements Alcoholic Beverage
				Code §
									RSA
				5.361<subdiv>(a-1) and
				(a-2)(1)</subdiv>, which require the commission
				to develop by rule a plan for inspecting permittees and licensees using a
				risk-based approach that prioritizes public safety.
(b) The commission will classify each
				licensed or permitted premises as priority or non-priority, for inspection
				purposes. In classifying a premises, the commission may consider factors
				including, but not limited to:
(1) the type
				of license or permit held;
(2) the
				location of the licensee's or permittee's premises;
(3) previous public safety violations
				committed by the premises;
(4) any
				breaches of the peace occurring at the licensee's or permittee's
				premises;
(5) the licensee's or
				permittee's record of compliance with the Alcoholic Beverage Code and these
				rules;
(6) any public
				safety-related complaints received by the commission against the
				premises;
(7) whether the premises
				has regularly completed and submitted the report required by § 41.12 of
				this title, concerning Compliance Reporting by License and Permit Holders;
				and
(8) whether the premises is a
				"priority location" for enforcement purposes under subsection (c) of this
				section.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 35 - ENFORCEMENT › Section 35.4 - Possession and Sale of Firearms on Licensed Premises

Current through Reg. 49, No. 28; July 12, 2024
(a) Gun Shows. A license or permit holder may
				use or allow a portion of the grounds, buildings, vehicles and appurtenances of
				the licensed or permitted premises for the use of gun shows if the license or
				permit holder:
(1) suspends all sales,
				complimentary offers, and consumption of all alcoholic beverages during the gun
				show including time required for preparation or set-up and dismantling of the
				gun show; and
(2) operates its
				licensed or permitted premises at a facility regularly used for special
				functions, directly or indirectly, under a lease, concession, or similar
				agreement from a governmental entity or legally formed and duly recognized
				civic, religious, charitable, fraternal, or veterans' organization.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 37 - LEGAL › Subchapter A - RULES OF PRACTICE › Section 37.2 - Contested Case

Current through Reg. 49, No. 28; July 12, 2024
(a) This rule
				  relates to any contested case under the Alcoholic Beverage Code (Code) where
				  notice and hearing are required, or an opportunity for public participation is
				  provided under the Code.
(b) All
				  notices and pleadings in a contested case shall comply with the provisions of
				  Texas Government Code, Chapter 2001, Subchapters C, D, and F and the rules of
				  procedure adopted by the State Office of Administrative Hearings in Title 1,
				  Texas Administrative Code, Chapter 155.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 37 - LEGAL › Subchapter A - RULES OF PRACTICE › Section 37.5 - Determining Population

Current through Reg. 49, No. 28; July 12, 2024
For purposes of any provision of the Alcoholic Beverage
					 Code or the commission's rules that refer to population, it shall be determined
					 by the most recent federal decennial census.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 39 - PORT OF ENTRY › Section 39.1 - Personal Importation

Current through Reg. 49, No. 28; July 12, 2024
(a) This chapter
				applies to alcoholic beverages imported into this state for personal use under
				the authority of Alcoholic Beverage Code §§
									RSA
				107.07,
				RSA
				201.71 and
				RSA
				201.81.
(b) All alcoholic beverage containers
				imported into Texas for personal consumption are subject to the applicable
				state tax and administrative fees . These administrative fees shall be included
				in the posted tax rates.
(c)
				Payment of the fees and taxes must be documented by a tax stamp. For purposes
				of this rule, "tax stamp" means a written acknowledgement, which may be an
				electronic notification, documenting that the State of Texas has received
				payment of fees and taxes.
(d)
				Nothing in this Chapter shall be construed to alter the personal importation
				limits set in Code §107.07(a).
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 39 - PORT OF ENTRY › Section 39.2 - Calculation of Taxes Due

Current through Reg. 49, No. 28; July 12, 2024
(a) Alcoholic
				beverages may be imported for personal use are subject to the following tax
				rates set in the Code:
(1) Distilled spirits:
				$2.40 per gallon;
(2) Vinous Liquor
				containing less than 14 percent alcohol by volume: $0.204 per gallon;
(3) Vinous Liquor containing 14 percent or
				more of alcohol by volume: $0.0408 per gallon;
(4) Malt Beverages: $6.00 per 31-gallon
				barrel, ($0.194 per gallon); and
(5) Artificially carbonated and natural
				sparkling vinous liquor: $0.516 per gallon.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 39 - PORT OF ENTRY › Section 39.3 - Assessment of Administrative Fee

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				commission shall assess a $3.00 administrative fee for each alcoholic beverage
				container imported into the State of Texas for personal consumption.
(b) For purposes of this chapter, each of the
				following is counted as one "container":
(1)
				For wine: 750ml or one gallon;
(2)
				For distilled spirits: 1 to 4 containers each containing less than 50mL; Half
				Pint/200ml, Pint/500ml, Fifth/750ml, Quart/1 liter, Half Gallon/1.75 liters, 1
				Gallon/3.79 liters; and
(3) For
				malt beverages: 1 to 24 twelve oz. containers or up to 288 oz. regardless of
				container size.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 39 - PORT OF ENTRY › Section 39.4 - Table of Taxes Due for Liquor

Current through Reg. 49, No. 28; July 12, 2024
A table showing the amount of tax due on various types of
				  liquor in metric containers shall be prominently displayed at each port of
				  entry and made available on the commission's website.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 39 - PORT OF ENTRY › Section 39.5 - Alcoholic Beverages Not Permitted for Personal Importation

Current through Reg. 49, No. 28; July 12, 2024
(a) The following alcoholic beverages are not
				permitted to be imported into the State of Texas for personal consumption:
(1) Any amount of alcoholic beverages in
				excess of the statutory limitations of Code §107.07;
(2) Illicit beverages, as defined by Code
				§1.04;
(3) Any alcoholic
				beverage that the commission's regulatory compliance officer determines may be
				injurious to public health or not meet sanitary conditions, as authorized under
				§5.38; and
(4) Any alcoholic
				beverage in the possession of a minor, defined in Code §106.01 as a person
				under the age of 21.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 41 - AUDITING › Subchapter A - GENERAL PROVISIONS › Section 41.1 - Scope and Applicability

Current through Reg. 49, No. 28; July 12, 2024
(a) This
				  chapter relates to and implements chapters 201, 202, and 203 of the Alcoholic
				  Beverage Code.
(b) The rules in
				  this chapter apply to regulated entities required to keep records and/or file
				  reports for taxation purposes.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 41 - AUDITING › Subchapter A - GENERAL PROVISIONS › Section 41.2 - Timely Filing of Reports

Current through Reg. 49, No. 28; July 12, 2024
With respect to all tax reports required under the Texas
					 Alcoholic Beverage Code, Chapter 201, or this chapter, it is a violation of
					 this rule if a report or a payment is not received or postmarked by 11:59 p.m.
					 on the date that it is due.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 41 - AUDITING › Subchapter A - GENERAL PROVISIONS › Section 41.3 - Required Signature

Current through Reg. 49, No. 28; July 12, 2024
Each report required by this chapter shall be signed and
					 affirmed to be true and correct by the permittee or licensee or a duly
					 authorized representative.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 41 - AUDITING › Subchapter A - GENERAL PROVISIONS › Section 41.4 - Report and Record Retention

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  license or permit holder must keep all records required by the Alcoholic
				  Beverage Code or by rule and an exact copy of each report required by this
				  chapter for a period of at least two years, unless a different period is
				  specified in the Alcoholic Beverage Code or in another rule.
(b) The license or permit holder must keep
				  all records and reports available for inspection by the commission or its
				  authorized representatives during reasonable office hours.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 41 - AUDITING › Subchapter A - GENERAL PROVISIONS › Section 41.5 - Records and Invoice Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  An invoice that is required by the Alcoholic Beverage Code or by rule for any
				  alcoholic beverage must have the exact trade name and license or permit number
				  of the issuing licensee or permittee and the receiving licensee or permittee,
				  if any.
(b) A licensee or permittee
				  who owns more than one business operating under separate licenses or permits or
				  a single business operating at two or more locations under separate licenses or
				  permits shall keep separate records for each such business or place of
				  business.
(c) Each licensee or
				  permittee who is also engaged in any other kind of business shall make and keep
				  all records for the alcoholic beverage business that are required by the
				  Alcoholic Beverage Code or by rule separate and apart from any and all other
				  records.
(d) Making a false entry
				  or any alteration in records that are required by the Alcoholic Beverage Code
				  or by rule is a violation of this section.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 41 - AUDITING › Subchapter A - GENERAL PROVISIONS › Section 41.6 - Failure to Make Reports and Records

Current through Reg. 49, No. 28; July 12, 2024
Failing to make any record or report required by this
					 chapter, or failing to make any entry or entries on any record or report
					 required by this chapter at the time or in the place or manner required, is a
					 violation of this section.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 41 - AUDITING › Subchapter B - RECORDKEEPING AND REPORTS › Section 41.11 - Basic General Records Required

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Except as provided by subsections (b) and (c) of this section, a brewer,
				  distiller, winery, rectifier, wholesaler, Class B wholesaler, package store,
				  brewpub, or distributor must keep at each place of business, for a period of
				  two years, for inspection at all times by the commission or its authorized
				  representatives:
(1) a complete record of all
				  alcoholic beverages manufactured, distilled, sold, purchased, received,
				  blended, or bottled, including all invoices, bills of lading, way bills,
				  freight bills, express receipts, and all other shipping records furnished by
				  the carrier and the seller or shipper of the alcoholic beverages, including, at
				  a minimum:
(A) the name and address of the
				  person from whom alcoholic beverages were purchased;
(B) the name and address of the person
				  receiving alcoholic beverages;
(C)
				  the address from which the alcoholic beverages were shipped or
				  delivered;
(D) the address at which
				  the alcoholic beverages were received;
(E) the quantity and kind of alcoholic
				  beverage received; and
(F) except
				  as provided in subsection (b) of this section, inventories on the last day of
				  each month, showing the quantities, sizes, brands, and taxable class of
				  beverages on hand; and
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 41 - AUDITING › Subchapter B - RECORDKEEPING AND REPORTS › Section 41.12 - Compliance Reporting by License and Permit Holders

Current through Reg. 49, No. 28; July 12, 2024
(a) This rule implements Alcoholic Beverage
				  Code §§
										RSA
				  5.31 and
				  RSA
				  5.361. The purpose of this rule is to allow
				  the commission to better leverage resources in meeting its charge to inspect,
				  supervise, and regulate members of the alcoholic beverage industry; reduce
				  unnecessary physical inspections of industry locations; and use automation to
				  better and more efficiently protect public safety and serve the alcoholic
				  beverage industry.
(b) Each
				  permittee and licensee must prepare and file an automated compliance report
				  with the commission as instructed by the commission. The commission may require
				  that the report be filed using a specified digital application.
(c) The commission will annually notify each
				  permittee and licensee of the requirement to file its compliance report. The
				  license or permit holder will have 90 days from the date of notification to
				  file the report.
(d) The commission
				  may issue a written warning to a permittee or licensee who fails to file the
				  mandated compliance report within 90 days of being notified by the commission.
				  The commission may initiate an administrative case to cancel or suspend the
				  license or permit of any permittee or licensee who does not file the compliance
				  report within 30 days following issuance of the written warning.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 41 - AUDITING › Subchapter B - RECORDKEEPING AND REPORTS › Section 41.13 - Carrier Report

Current through Reg. 49, No. 28; July 12, 2024
(a) Each holder of a
				  carrier permit under Chapter 41 of the Alcoholic Beverage Code shall make a
				  monthly report to the commission on forms prescribed by the executive
				  director.
(b) The permittee shall
				  file the report with the commission on or before the 15th day of the month
				  following the calendar month for which the report is made.
(c) The report shall give an accurate account
				  of all liquor, wine, and malt beverages transported by the carrier in
				  interstate commerce during the month for which the report is made, and shall
				  state the date of shipment, consignor, point of origin, consignee, destination,
				  freight bill number, number of packages, kind of commodity shipped, and the
				  date of delivery, and shall give all information requested by the form. If no
				  shipments were transported, the permittee shall submit a report stating
				  so.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 41 - AUDITING › Subchapter B - RECORDKEEPING AND REPORTS › Section 41.14 - Transfer of Alcoholic Beverages by Package Stores and Wine-Only Package Stores

Current through Reg. 49, No. 28; July 12, 2024
(a) This rule
				  relates to transportation of alcoholic beverages under the authority of
				  §§
										RSA
				  22.08,
				  RSA
				  23.04 or
				  RSA
				  24.04 of the Alcoholic Beverage
				  Code.
(b) Only a holder of a
				  package store permit, wine-only package store permit, local distributor's
				  permit, or a carrier's permit may transport alcoholic beverages under the
				  authority of §§
										RSA
				  22.08,
				  RSA
				  23.04 or
				  RSA
				  24.04 of the Alcoholic Beverage
				  Code.
(c) Package stores and wine
				  only package store permittees transporting shipments of alcoholic beverages
				  governed by this rule to a permitted location shall prepare an invoice in
				  duplicate. The invoice shall show:
(1) the
				  date of the shipment;
(2) the
				  quantity, container size and brands of alcoholic beverages shipped, and if
				  sold, a price extension for each line item listed on the invoice; and
(3) the store name and address of the
				  origination and destination point of the shipment.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 41 - AUDITING › Subchapter B - RECORDKEEPING AND REPORTS › Section 41.15 - Transportation of Imported Alcoholic Beverages

Current through Reg. 49, No. 28; July 12, 2024
(a) This rule relates to alcoholic beverages
				  imported into the state under the authority of §§ 14.071, 16.10,
				  19.06, 20.04,
				  RSA
				  41.01<subdiv>(a)</subdiv>, 62.15,
				  RSA
				  63.01, 64.10, and
				  RSA
				  66.01 of the Alcoholic Beverage
				  Code.
(b) Alcoholic beverages
				  imported into the state for resale may only be transported by the holder of a
				  license or permit authorizing transport or a carrier's permit. Shipments of
				  alcoholic beverages into the state must be accompanied by an invoice.
(c) Nonresident sellers shipping alcoholic
				  beverages for importation to any class of licensees or permittees shall cause
				  the invoice covering that shipment of alcoholic beverages to show delivery to
				  the authorized license or permit holder.
(d) All license and permit holders subject to
				  this section shall transport alcoholic beverages by the most direct route
				  practical to the place of destination.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 41 - AUDITING › Subchapter B - RECORDKEEPING AND REPORTS › Section 41.16 - Tamper-Proof Containers

Current through Reg. 49, No. 28; July 12, 2024
(a) This rule
				  relates to Alcoholic Beverage Code §§
										RSA
				  28.1001 and 32.155.
(b) A "tamper-proof container" means a
				  container that, once sealed, clearly shows whether it has been opened. The term
				  includes a closed cup or similar container that is:
(1) placed into a bag that has been sealed
				  with a zip tie or staple;
(2)
				  sealed with shrink wrap or a similar seal;
(3) sealed with a tamper-evident adhesive
				  tape or seal having one or more indicators or barriers to entry which, if
				  breached or missing, can reasonably be expected to provide visible evidence
				  that tampering has occurred; or
(4)
				  sealed mechanically on-premises with a can seamer.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 41 - AUDITING › Subchapter B - RECORDKEEPING AND REPORTS › Section 41.17 - Bottle Capping Devices

Current through Reg. 49, No. 28; July 12, 2024
No member of the retail or wholesale tiers may, for
					 unlawful purposes, possess on the licensed premises a device used for capping
					 or recapping of beverage bottles.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 41 - AUDITING › Subchapter B - RECORDKEEPING AND REPORTS › Section 41.18 - Vehicle Identification and Liability

Current through Reg. 49, No. 28; July 12, 2024
(a) This rule applies to vehicles used in the
				  alcoholic beverage business by license and permit holders operating under the
				  authority of §§ 14.071, 19.06, 20.04,
				  RSA
				  22.08,
				  RSA
				  24.04, 62.15, or 64.10 of the Alcoholic
				  Beverage Code.
(b) Each vehicle
				  subject to this section shall have the correct TABC license or permit number
				  painted or printed or attached in a conspicuous place on the vehicle, with each
				  character being not less than 1.5 inches in height. These characters shall
				  never be covered from public view when the vehicle is being used in the
				  alcoholic beverage business.
(c)
				  For each vehicle subject to this section, the license or permit holder shall
				  carry at least $500,000 of liability insurance for bodily injury and property
				  damage covering every registered vehicle whose gross weight, registered weight,
				  or gross-weight rating exceeds 26,000 pounds.
(d) For each vehicle subject to this section
				  or operating pursuant to § 16.10 of the Alcoholic Beverage Code, the
				  license or permit holder shall file with the commission an affidavit stating
				  that the license or permit holder has knowledge of, and will conduct operations
				  in accordance with, all federal and state safety regulations, and that it is in
				  compliance with the requirements for insurance coverage under this
				  section.
(e) For each vehicle
				  subject to this section, the license or permit holder shall maintain proof of
				  insurance in the licensed or permitted vehicle at all times.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 41 - AUDITING › Subchapter B - RECORDKEEPING AND REPORTS › Section 41.19 - Regional Forwarding Centers

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  This rule relates to Alcoholic Beverage Code, §§
										RSA
				  37.01<subdiv>(a)(2)</subdiv>,
				  RSA
				  62.08, and
				  RSA
				  63.01.
(b) Members of the manufacturing tier
				  transporting alcoholic beverages into the state, or from point to point within
				  the state under the authority of Alcoholic Beverage Code §§
										RSA
				  37.01<subdiv>(a)(2)</subdiv>,
				  RSA
				  62.08<subdiv>(a)</subdiv>, or
				  RSA
				  63.01, may temporarily hold such alcoholic
				  beverages in a regional forwarding center, subject to the following conditions:
(1) A regional forwarding center is a
				  facility wherein alcoholic beverages may be held under the control of the
				  manufacturing tier member responsible for shipping the alcoholic
				  beverages.
(2) The regional
				  forwarding center may be operated by a third party who acts as the agent of the
				  manufacturing tier member in arranging for interstate or intrastate shipments
				  of alcoholic beverages to licensees and permittees authorized to receive such
				  beverages or for shipment to locations outside the state.
(3) No member of the wholesale or retail
				  tiers of the alcoholic beverage industry may, directly or indirectly, hold any
				  interest in or right of operation of a regional forwarding center.
(4) No alcoholic beverages may be sold to a
				  person or entity from a regional forwarding center. For purposes of this rule,
				  a "sale" occurs when an order is taken and/or payment is made.
(5) No member of the retail tier may take
				  delivery of alcoholic beverages at a regional forwarding center.
(6) A regional forwarding center must be
				  located in an area that is wet for the type of alcoholic beverages held
				  therein.
(7) A licensee or
				  permittee, by using a regional forwarding center under the authority of this
				  rule, consents to inspection of such facility by the commission, its agents or
				  employees, or any peace officer, to the same extent as consent is given for
				  inspection of licensed premises by §
											RSA
				  101.04 of the Alcoholic Beverage
				  Code.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 41 - AUDITING › Subchapter B - RECORDKEEPING AND REPORTS › Section 41.20 - Warehouse Registration

Current through Reg. 49, No. 28; July 12, 2024
(a) Licensees
				  required by Code §62.08 to register a warehouse with the commission shall
				  provide the warehouse's address and all other information required on a form
				  prescribed by the commission. Should any information required by the form
				  change, a licensee is required to submit a new form reflecting those changes
				  within 30 days. A licensee may not operate a warehouse until the registration
				  form is received by the commission's Licensing Division.
(b) A registered warehouse is a place of
				  business of the license holder for purposes of § 41.5 and §
										RSA
				  41.11 of this title.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 41 - AUDITING › Subchapter B - RECORDKEEPING AND REPORTS › Section 41.21 - Bonded Warehouse Report

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Each holder of a bonded warehouse permit shall make a monthly report to the
				  commission on forms prescribed by the executive director.
(b) The report shall:
(1) state the name, address, and permit
				  number of the warehouse;
(2) state
				  the name, address, and permit number of each customer storing liquor;
(3) show monthly opening inventory receipts,
				  withdrawals, and closing inventory in gallons for each class of
				  liquor;
(4) affirm that the
				  permittee is in compliance with Alcoholic Beverage Code §
											RSA
				  46.03, which requires the holder of a bonded
				  warehouse permit to derive at least 50 percent of its gross revenue in a bona
				  fide manner during each three month period from the storage of goods or
				  merchandise other than liquor; and
(5) be signed by the custodian of the bonded
				  warehouse.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 41 - AUDITING › Subchapter B - RECORDKEEPING AND REPORTS › Section 41.22 - Record Requirements

Current through Reg. 49, No. 28; July 12, 2024
No person shall export any alcoholic beverages in any
					 manner except in compliance with the following:
(1) Permittees authorized to export alcoholic
				  beverages shall maintain copies of billing invoices and shipping documents to
				  support any export out of the State of Texas. Supporting documentation shall
				  include an order signed by the purchaser of alcoholic beverages or, in case of
				  return to a distillery, brewery, or winery, a letter of authority.
(2) The alcoholic beverages may then be
				  delivered to a common carrier holding a carrier's permit, or if the permittee
				  is authorized under its permit to transport alcoholic beverages in vehicles
				  owned or leased by the permittee, such alcoholic beverages may be transported
				  and exported in vehicles registered with the commission by the
				  permittee.
(3) A license or permit
				  holder exporting under this section must obtain proper proof from the purchaser
				  that the alcoholic beverages were sold or disposed of outside of this state and
				  keep such records on file for inspection or audit by any representative of the
				  commission for at least two years.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 41 - AUDITING › Subchapter B - RECORDKEEPING AND REPORTS › Section 41.23 - Sale and Delivery of Malt Beverages to Retail Premises and Private Clubs

Current through Reg. 49, No. 28; July 12, 2024
(a) Malt beverages
				  intended to be delivered in sales transactions consummated at a licensed
				  retailer's place of business or at a private club located in a wet area may be
				  transported through dry areas in vehicles owned or leased and operated by one
				  of these authorized sellers, who are authorized to sell to retailers or private
				  clubs located in wet areas: the holder of a brewer's self-distribution license;
				  the holder of any type of distributor license; or the holder of a brewpub
				  license. The person directly in charge of the vehicle used in such
				  transportation must possess a written statement furnished and signed by the
				  authorized seller showing the quantity of malt beverages so delivered to such
				  person, the origin thereof, and the fact that said malt beverage is intended
				  for delivery only upon any sale that may be consummated by such person acting
				  as agent for the authorized seller at the place of business of a licensed
				  retail dealer or a private club located in a wet area.
(b) A person into whose charge malt beverages
				  are delivered as provided in this section and who is delivering and obtaining
				  payment for any such malt beverages at a licensed retailer's place of business
				  or at a private club located in a wet area must at that time provide a sales
				  invoice for such malt beverages that must be signed by the purchaser of the
				  malt beverages. The invoice must show the purchaser, the quantity of each type
				  of container sold, and the price. A copy of such invoice shall be furnished to
				  the purchaser at the time of sale, and a copy of the signed sales invoice must
				  be furnished to the authorized seller of such malt beverages within 24 hours
				  from the time of its delivery.
(c)
				  A person into whose charge malt beverages are delivered as provided in this
				  section must possess the signed sales invoices required by subsection (b) of
				  this section for any such malt beverage that is not in the person's possession.
				  Records pertaining to any such shipment must be shown to any representative of
				  the commission or any peace officer upon demand.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 41 - AUDITING › Subchapter B - RECORDKEEPING AND REPORTS › Section 41.24 - Providing Retailer Samples

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  holder of a Nonresident Seller's Permit must purchase samples from a package
				  store permit or wholesale permit holder.
(b) Samples purchased by a nonresident seller
				  from a wholesaler's inventory are considered "first sale" for purposes of
				  taxation under Alcoholic Beverage Code §
										RSA
				  201.03. The wholesaler shall remit excise
				  taxes for samples purchased not later than the 15th day of the month following
				  the month in which occurs the "first sale."
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 41 - AUDITING › Subchapter B - RECORDKEEPING AND REPORTS › Section 41.25 - Providing Samples

Current through Reg. 49, No. 28; July 12, 2024
(a) A holder of a
				  Distiller's and Rectifier's Permit may provide samples obtained from the
				  distiller's inventory to:
(1) a retailer in
				  accordance with Alcoholic Beverage Code §
											14.07;
				  and
(2) a consumer in accordance
				  with Alcoholic Beverage Code §
											14.09.