reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 45 - MARKETING PRACTICES › Subchapter D - SPECIFIC REQUIREMENTS FOR MALT BEVERAGES › Section 45.40 - Certificate of Registration for a Malt Beverage Product

Current through Reg. 49, No. 28; July 12, 2024
(a) No malt beverage 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 brewer's license , nonresident
				  brewer's license , or brewpub license issued by the commission.
(c) A nonresident brewer's agent may file an
				  application for a Certificate of Registration on behalf of a holder of a
				  nonresident brewer's license.
(d)
				  An applicant must submit an Application to Register a Malt Beverage on the form
				  prescribed by the commission along with the application fee to the commission.
				  The application must contain the following:
(1) If the product is eligible for a COLA:
(A) legible copy of the COLA;
(B) an actual label that is affixed to the
				  malt beverage as shipped or sold, or a legible exact color copy of a label;
				  and
(C) all information required to
				  complete the application form.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 45 - MARKETING PRACTICES › Subchapter D - SPECIFIC REQUIREMENTS FOR MALT BEVERAGES › Section 45.41 - Additional Reasons for Denial of Registration of a Malt Beverage Product

Current through Reg. 49, No. 28; July 12, 2024
(a) In addition to the provisions of §
										RSA
				  45.5 of this title, the commission may deny
				  registration for a malt beverage for the following reasons:
(1) the label filed with the application by a
				  brewer's or nonresident brewer's licensee:
(A) indicates by any statement, design,
				  device, or representation that the malt beverage is brewed or bottled for any
				  retailer permittee or licensee or any private club registration
				  permittee;
(B) includes the name,
				  tradename, or trademark of any retailer permittee or licensee or any private
				  club registration permittee; or
(C)
				  fails to include the alcohol content by volume as required by subsection (c) of
				  this section.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 45 - MARKETING PRACTICES › Subchapter D - SPECIFIC REQUIREMENTS FOR MALT BEVERAGES › Section 45.42 - Misbranding

Current through Reg. 49, No. 28; July 12, 2024
Malt beverages in containers shall be deemed to be
					 misbranded if the container has blown, branded, or burned therein the name or
					 other distinguishing mark of any person engaged in business as a brewer,
					 wholesaler, distributor, bottler, or importer of malt beverages, or of any
					 other person, except the person whose name is required to appear on the brand
					 label.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 45 - MARKETING PRACTICES › Subchapter D - SPECIFIC REQUIREMENTS FOR MALT BEVERAGES › Section 45.43 - Verification Regarding Use of Facilities

Current through Reg. 49, No. 28; July 12, 2024
On or before September 1 of each year, each holder of a
					 license issued under Alcoholic Beverage Code Chapter 62 or 63 shall verify to
					 the commission, on a form promulgated by the commission, that no brewing or
					 manufacturing facility owned or controlled by the license holder is used to
					 produce malt beverages primarily for a specific Texas retailer or the
					 retailer's Texas affiliates.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 45 - MARKETING PRACTICES › Subchapter E - SPECIFIC REQUIREMENTS FOR WINE › Section 45.50 - Certificate of Registration for Wine

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Except as provided by §
										RSA
				  45.4<subdiv>(b)</subdiv> of this
				  title, no wine 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 winery or a nonresident seller's permit issued by the
				  commission.
(c) An applicant must
				  submit an Application to Register a Wine on the form prescribed by the
				  commission along with the application fee to the commission. The application
				  must contain the following:
(1) If the
				  product is eligible for a COLA:
(A) a legible
				  copy of the COLA;
(B) an actual
				  label that is affixed to the wine as shipped or sold, or a legible exact color
				  copy of a label; and
(C) all
				  information required to complete the application form.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 45 - MARKETING PRACTICES › Subchapter E - SPECIFIC REQUIREMENTS FOR WINE › Section 45.51 - Additional Provisions for Examination of Wine

Current through Reg. 49, No. 28; July 12, 2024
(a) It is unlawful for any producer or
				  bottler of wine to accept as a return or to purchase or to use any container
				  permanently branded or imprinted with the name of another producer or bottler
				  of any alcoholic beverage.
(b) The
				  alcoholic content requirements set forth in this chapter do not apply to
				  sacramental or altar wines where ecclesiastical regulations limit the alcoholic
				  content to not more than 18% by volume. Such wines must be labeled
				  "Sacramental" or "Altar" wines.
(c)
				  It is unlawful for any permittee to bring into this state, store, sell, or
				  possess for the purpose of sale, any bottles of wine that are not protected
				  from tampering or contamination by being sealed with seals of a type that must
				  be irreparably mutilated or destroyed before the bottle can be opened. Such
				  seals may not be made of paper.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 45 - MARKETING PRACTICES › Subchapter F - ADVERTISING AND PROMOTION › Section 45.101 - Rebates and Coupons

Current through Reg. 49, No. 28; July 12, 2024
(a) No license
				  or permit holder may give or offer to give to any person any inducement with
				  the purchase of alcoholic beverages.
(b) No license or permit holder may give any
				  rebate or coupon redeemable by the public for the purchase of or for a discount
				  on the purchase of any alcoholic beverage.
(c) No license or permit holder may offer or
				  give away with or without the purchase of any alcoholic beverage, a coupon
				  redeemable for a rebate, cents-off or for any free non-alcoholic beverage item
				  or product that it does not sell. A license or permit holder may, however,
				  offer a discount, rebate, or cents-off coupon on any non-alcohol product,
				  except non-alcohol malt beverages and wines, that it sells if it does not
				  require the purchase of any alcoholic beverage.
(d) None of the above prohibits any retailer
				  from offering a complimentary drink or drink discount as part of a meal
				  package, a hotel package or any airline frequent flier program or in
				  conjunction with any airline ticket purchase, provided, however, that no
				  discount or complimentary beverage shall be brand identified or redeemed by a
				  member of the manufacturing or wholesale tier .
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 45 - MARKETING PRACTICES › Subchapter F - ADVERTISING AND PROMOTION › Section 45.102 - Loyalty Programs

Current through Reg. 49, No. 28; July 12, 2024
(a) This section is
				  authorized by and implements Alcoholic Beverage Code §§
										RSA
				  1.03,
				  RSA
				  5.31,
				  RSA
				  102.07,
				  RSA
				  102.15 and
				  RSA
				  108.04. This section applies only to members
				  of the retail and manufacturing tiers who are authorized to sell directly to
				  consumers.
(b) For purposes of this
				  section, a loyalty program is defined as a marketing program that offers
				  certain incentives to encourage customer retention. It does not include the use
				  of coupons.
(c) The holder of a
				  manufacturer or wholesale tier license or permit may not directly or indirectly
				  reimburse a retailer for a loyalty program.
(d) Retailers and holders of a manufacturing
				  tier licenses or permits who are authorized to sell directly to consumers may
				  offer a loyalty program subject to the conditions in this subsection.
(1) A manufacturer authorized to sell
				  directly to consumers may only award loyalty program purchase points, benefits
				  or incentives to the consumer in conjunction with transactions directly between
				  the manufacturer and consumer. Any purchases of the manufacturer's products
				  through a retailer shall not be credited to the loyalty program.
(2) The loyalty program may give consumers
				  discounts on the purchase of alcoholic beverages and on non-alcoholic beverage
				  products or items sold directly to the consumer by the manufacturer or
				  retailer.
(3) The loyalty program
				  may have a point accrual and redemption component in addition to discounts.
				  Accrued points may be redeemed on alcoholic beverages and on non-alcoholic
				  beverage products or items sold directly to the consumer by the manufacturer or
				  retailer.
(4) If the license or
				  permit holder is authorized to sell alcoholic beverages for on-premises
				  consumption, the license or permit holder may not give or offer to give the
				  consumer any alcoholic beverage in a manner that conflicts with §
											RSA
				  45.103 of this chapter (relating to
				  On-Premises Promotions).
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 45 - MARKETING PRACTICES › Subchapter F - ADVERTISING AND PROMOTION › Section 45.105 - Advertising

Current through Reg. 49, No. 28; July 12, 2024
(a) Retailer Establishments.
(1) This subsection relates to Alcoholic
				  Beverage Code §§
											RSA
				  108.07,
				  RSA
				  108.51, and
				  RSA
				  108.52.
(2) Except as provided in paragraph (3) of
				  this subsection, retail-tier license and permit holders may not advertise any
				  price for an alcoholic beverage on any sign, billboard, marquee, or other
				  display located on the retailer's premises in such a manner that the price may
				  be read by persons outside of the premises.
(3) It is an exception to the restriction in
				  paragraph (2) of this subsection if:
(A) the
				  holder of a food and beverage certificate places a menu on the exterior wall of
				  the premises so that it can be read outside of the premises only by a
				  pedestrian close to the menu. To qualify for the exception granted in this
				  paragraph, the menu visible outside of the premises must be of the same size
				  and in the same sized font as the menu presented to the establishment's
				  customers, and must show both food and beverage prices; or
(B) the holder of a wine and malt beverage
				  retailer's permit, brewpub license, retail dealer's on-premise license, or a
				  license or permit authorizing sales of alcoholic beverages for pickup under
				  Alcoholic Beverage Code §§
												RSA
				  28.1001 or 32.155 places a menu in a
				  drive-through lane so that it can be read outside of the premises only by a
				  person in a vehicle in the drive-through lane.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 45 - MARKETING PRACTICES › Subchapter F - ADVERTISING AND PROMOTION › Section 45.106 - Sweepstakes and Games of Chance

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  This rule relates to §§
										RSA
				  102.07 and
				  RSA
				  108.061 of the Alcoholic Beverage
				  Code.
(b) For purposes of the above
				  referenced provisions of the Alcoholic Beverage Code, sweepstakes shall include
				  prizes that are awarded to consumers on the basis of random chance or on the
				  basis of some knowledge or skill demonstrated by the sweepstakes participant,
				  as determined by a judge or judges selected by the sponsor for that purpose. If
				  a prize is a private event or other prize awarded in accordance with Alcoholic
				  Beverage Code §
										RSA
				  108.061<subdiv>(d)</subdiv> then
				  subsections (k) - (q) of this section apply.
(c) Except as otherwise provided in this
				  subsection, members of the manufacturer and wholesaler tier may offer a prize
				  to a consumer if the offer is part of a promotional sweepstakes activity.
				  Holders of a distributor's license may not offer a prize to a consumer if the
				  offer is part of a promotional sweepstakes activity. Pursuant to Alcoholic
				  Beverage Code §
										RSA
				  108.061<subdiv>(d)</subdiv>, only
				  brewers or nonresident brewers may offer a prize, including food, beverages,
				  entertainment, recreation, gifts or attendance at a private event at a
				  permitted or licensed retailer's premises.
(d) A promotional permit holder contracted by
				  a member of the manufacturing tier may sponsor a sweepstakes on behalf of the
				  manufacturing tier member.
(e) A
				  person affiliated with the alcoholic beverage industry may not receive a prize
				  from a sweepstakes promotion.
(f) A
				  person must be 21 years of age or older to enter a sweepstakes
				  promotion.
(g) Entry codes or entry
				  forms on or in the caps, corks, labels, case cartons, or other materials
				  packaged with, within, or printed on any packages of alcoholic beverages may be
				  used as an entry mechanism provided:
(1) such
				  mechanisms do not grant a consumer's right to claim winnings; and
(2) there is at the point of sale or on
				  product packaging conspicuously displayed alternate means of entry available to
				  the consumers.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 45 - MARKETING PRACTICES › Subchapter F - ADVERTISING AND PROMOTION › Section 45.107 - Alcoholic Beverages Used for Cooking On Premises

Current through Reg. 49, No. 28; July 12, 2024
(a) Wine and Malt Beverage On-Premises
				  Retailers.
(1) This subsection is promulgated
				  pursuant to Alcoholic Beverage Code §
											RSA
				  25.09.
(2) Any alcoholic beverage that is in excess
				  of 17 percent alcohol by volume and is used by wine and malt beverage
				  on-premises retailers for cooking purposes must be individually labeled as "For
				  Cooking Use Only." .
(3) All
				  alcoholic beverages in excess of 17 percent alcohol by volume used by wine and
				  malt beverage on-premises retailers for cooking purposes must be stored
				  separately from alcoholic beverages that are legal for sale on the premises by
				  such retailers.
(4) No alcoholic
				  beverage in excess of 17 percent alcohol by volume that is designated by wine
				  and malt beverage on-premises retailers for cooking purposes may be sold,
				  served, or consumed in liquid form by staff or customers of the
				  retailer.
(5) All receipts for the
				  purchase by wine and malt beverage on-premises retailers of alcoholic beverages
				  in excess of 17 percent alcohol by volume must be retained on the premises
				  until the bottle is empty and disposed of.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 45 - MARKETING PRACTICES › Subchapter F - ADVERTISING AND PROMOTION › Section 45.109 - Restocking and Rotation of Alcoholic Beverages

Current through Reg. 49, No. 28; July 12, 2024
(a) General.
(1) This rule is enacted pursuant to
				  §102.20 and Chapter 105 of the Alcoholic Beverage Code.
(2) This rule applies to members of the
				  wholesale tier and those members of the manufacturing tier authorized to sell
				  to retailers for all beverages.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 45 - MARKETING PRACTICES › Subchapter F - ADVERTISING AND PROMOTION › Section 45.111 - Advertising Signs at Charitable or Civic Events

Current through Reg. 49, No. 28; July 12, 2024
(a) This rule is enacted pursuant to §
										RSA
				  108.53<subdiv>(d)</subdiv> of the
				  Alcoholic Beverage Code.
(b) At a
				  charitable or civic event of a temporary nature, members of the alcoholic
				  beverage industry may place signs or other advertising materials indicating
				  their participation in, or sponsorship of, the charitable or civic
				  event.
(c) It is the intent of this
				  rule that any proceeds from signs advertising alcoholic beverages be received
				  by the charity or civic endeavor.
(d) No consideration of any kind may be given
				  directly or indirectly, in any form or degree, to any retailer for the
				  placement of any sign.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 45 - MARKETING PRACTICES › Subchapter F - ADVERTISING AND PROMOTION › Section 45.112 - Use of Brand Names and Insignia

Current through Reg. 49, No. 28; July 12, 2024
(a) This section is promulgated pursuant to
				  Alcoholic Beverage Code §§
										RSA
				  102.07 and
				  RSA
				  108.03.
(b) Advertising of an alcoholic beverage on
				  caps, regalia, or uniforms worn by an employee of a license or permit holder in
				  the manufacturing or distribution tier is limited to:
(1) the name and address of the license or
				  permit holder ; and
(2) the brand
				  names, logos, and slogans that appear on the container labels approved by the
				  executive director for such alcoholic beverage.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 45 - MARKETING PRACTICES › Subchapter F - ADVERTISING AND PROMOTION › Section 45.113 - Gifts, Services and Sales

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  General.
(1) This rule is promulgated
				  pursuant to §
											RSA
				  108.04 of the Alcoholic Beverage Code to
				  relax certain restrictions and prohibitions set forth in §§102.14,
				  102.15 and 108.06 of the code.
(2)
				  This rule applies to buyers, sellers and consumers of malt beverages.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 45 - MARKETING PRACTICES › Subchapter F - ADVERTISING AND PROMOTION › Section 45.117 - Gifts and Advertising Specialties

Current through Reg. 49, No. 28; July 12, 2024
(a) General.
(1) This section is enacted pursuant to
				  Alcoholic Beverage Code §§
											RSA
				  102.07(b),
				  RSA
				  102.07(d),
				  RSA
				  108.042 and
				  RSA
				  109.58.
(2) This section applies to buyers, sellers,
				  and consumers of liquor.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 45 - MARKETING PRACTICES › Subchapter F - ADVERTISING AND PROMOTION › Section 45.120 - Co-Packaging of Alcoholic Beverage

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  This section relates to Alcoholic Beverage Code §§
										RSA
				  102.07<subdiv>(a)(5)</subdiv> and
				  RSA
				  108.035.
(b) As used in this section:
(1) "Co-pack" means a package:
(A) originally bundled and supplied by a
				  distiller, brewer, rectifier, wholesaler, class B wholesaler, nonresident
				  seller, or winery (or an agent, employee or servant of any of them );
(B) containing an alcoholic beverage and
				  another item;
(C) where the package
				  is designed to be delivered intact to the ultimate consumer; and
(D) where the additional items have no value
				  or benefit to the retailer other than that of having the potential of
				  attracting purchases and promoting sales.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 45 - MARKETING PRACTICES › Subchapter F - ADVERTISING AND PROMOTION › Section 45.121 - Advertising Standards Required

Current through Reg. 49, No. 28; July 12, 2024
No person, directly or indirectly, or through an affiliate,
					 shall publish or disseminate or cause to be published or disseminated by radio
					 broadcast, or in any newspaper, periodical, or other publication, or by any
					 sign or outdoor advertisement, or any other printed or graphic matter,
					 including via the internet, any advertisement of alcoholic beverages if such
					 advertisement is in this state, is calculated to induce sales in this state, or
					 is disseminated by mail or e-mail in this state, unless such advertisement is
					 in conformity with this chapter. This chapter does not apply to the publisher
					 of any newspaper, periodical or other publication, or radio broadcaster, unless
					 such publisher or radio broadcaster is a permittee.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 45 - MARKETING PRACTICES › Subchapter F - ADVERTISING AND PROMOTION › Section 45.122 - Prohibited Statements

Current through Reg. 49, No. 28; July 12, 2024
(a) An
				  advertisement for an alcoholic beverage shall not contain:
(1) any statement that is false or untrue in
				  any particular or that irrespective of falsity, directly or by ambiguity,
				  omission, or inference, or by the addition of irrelevant, scientific, or
				  technical matter, tends to create a misleading impression;
(2) any statement that is disparaging of a
				  competitor's product;
(3) any
				  statement, design, device, or representation that is obscene or
				  indecent;
(4) any statement,
				  design, device, or representation of or relating to analyses, standards or
				  tests, irrespective of falsity, that the administrator finds likely to mislead
				  the consumer;
(5) any statement of,
				  or any statement likely to be interpreted as a statement regarding intoxicating
				  qualities; nor
(6) any statement,
				  design, device, or representation of or relating to any guarantee, irrespective
				  of falsity, that the executive director finds to be likely to mislead the
				  consumer. Enforceable money back guarantees are not prohibited.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 45 - MARKETING PRACTICES › Subchapter F - ADVERTISING AND PROMOTION › Section 45.123 - Required Statements

Current through Reg. 49, No. 28; July 12, 2024
(a) Responsible
				  advertiser.
(1) An advertisement not exempt
				  under subsection (a)(2) of this section shall state the name and address of the
				  person responsible for its publication or broadcast. Street number and name may
				  be omitted in the address.
(2) If
				  an advertisement refers to a general malt beverage or wine line or all of the
				  malt beverage or wine products of one company, whether by the company name or
				  by the brand name common to all the products in the line, the only mandatory
				  information necessary is the name and address of the responsible advertiser.
				  This exception does not apply where only one type of malt beverage or wine is
				  marketed under the specific brand name advertised.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 45 - MARKETING PRACTICES › Subchapter F - ADVERTISING AND PROMOTION › Section 45.124 - Lettering

Current through Reg. 49, No. 28; July 12, 2024
Statements required under this subchapter to appear in any
					 written, printed, or graphic advertisement shall be in lettering or type of a
					 size sufficient to render them conspicuous and readily
					 legible.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 45 - MARKETING PRACTICES › Subchapter F - ADVERTISING AND PROMOTION › Section 45.125 - Cooperative Advertising by Package Stores

Current through Reg. 49, No. 28; July 12, 2024
It is unlawful for any person holding a package store
					 permit to share the same advertisement of distilled spirits with any other
					 person or persons holding a package store permit or permits, provided, however,
					 that members of a partnership or corporation may share the same distilled
					 spirits advertisement when said distilled spirits are offered for sale under
					 the permit or permits held by the said partnership or
					 corporation.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 45 - MARKETING PRACTICES › Subchapter F - ADVERTISING AND PROMOTION › Section 45.126 - Additional Mandatory Statements for Distilled Spirits

Current through Reg. 49, No. 28; July 12, 2024
(a) Alcoholic content. The alcoholic content
				  shall be stated by percentage by volume for distilled spirits except that it
				  may be stated in proof of cordials and liqueurs, cocktails, highballs, and such
				  other specialties as may be specified by the administrator.
(b) Percentage of neutral spirits and name of
				  commodity.
(1) In the case of distilled
				  spirits (other than cordials, liqueurs, and specialties) produced by blending
				  or rectification, if neutral spirits have been used in the production thereof,
				  there shall be stated the percentage of neutral spirits so used and the name of
				  the commodity from which such neutral spirits have been distilled. The
				  statement of percentage and the name of the commodity shall be made in
				  substantially the following form: "_____% neutral spirits distilled from _____
				  (insert grain, cane products, or fruit, as appropriate)"; or "_____% neutral
				  spirits (vodka) distilled from _____ (insert grain, cane products, or fruit, as
				  appropriate)"; or "_____% grain (cane products), (fruit) neutral spirits"; or
				  "_____% grain spirits."
(2) In the
				  case of neutral spirits or of gin produced by a process of continuous
				  distillation, there shall be stated the name of the commodity from which such
				  neutral spirits or gin has been distilled. The statement of the name of the
				  commodity shall be made in substantially the following form: "distilled from
				  grain," or "distilled from cane products," or "distilled from fruit."
(3) Retailers are exempt from the provisions
				  of this subsection.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 45 - MARKETING PRACTICES › Subchapter F - ADVERTISING AND PROMOTION › Section 45.127 - Additional Prohibited Statements for Distilled Spirits

Current through Reg. 49, No. 28; July 12, 2024
(a) An advertisement for a distilled spirit
				  shall not contain any statement, design, or device directly or by implication
				  concerning age or maturity of any brand or lot of the product unless a
				  statement of age appears on the label of the advertised product.
(b) When any such statement, design, or
				  device concerning age or maturity is contained in any advertisement, it shall
				  include (in direct conjunction therewith and with substantially equal
				  conspicuousness) all parts of the statement, if any, concerning age and
				  percentages required by the TTB to be made on the label.
(c) An advertisement for any whiskey or
				  brandy (except immature brandies) that is not required to bear a statement of
				  age on the label or an advertisement for any rum, tequila or mescal that has
				  been aged for not less than four years may, however, contain an inconspicuous,
				  general representation as to age, maturity or other similar representation even
				  though a specific age statement does not appear on the label of the advertised
				  product and in the advertisement itself.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 45 - MARKETING PRACTICES › Subchapter G - REGULATION OF CASH AND CREDIT TRANSACTIONS › Section 45.130 - Credit Law and Delinquent List

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Purpose. This section implements §§
										RSA
				  102.32,
				  RSA
				  11.61<subdiv>(b)(2)</subdiv>,
				  RSA
				  11.66, and
				  RSA
				  109.64 of the Texas Alcoholic Beverage Code
				  (Code).
(b) Definitions. For
				  purposes of this section, the following terms have the definitions given in
				  this subsection.
(1) Alcoholic beverage--As
				  used in this section includes only liquor, as that term is defined in
				  §1.04 of the Code.
(2) Cash
				  equivalent--A financial transaction or instrument that is not conditioned on
				  the availability of funds upon presentment, including money order, cashier's
				  check, certified check or completed electronic funds transfer.
(3) Delinquent payment--A financial
				  transaction or instrument that fails to provide payment in full or is returned
				  to the Seller as unpaid for any reason, on or before the fourth business day
				  after the date that payment is due under §102.32(c) of the Code, or is
				  returned to the Seller as unpaid for any reason after the fourth business day
				  after the date payment is due under §102.32(c) of the Code. A delinquent
				  payment also occurs in the event the Retailer fails to submit payment on or
				  before the fourth business day after the date that payment is due under
				  §102.32(c) of the Code.
(4)
				  Event--A financial transaction or instrument that fails to provide payment to a
				  Retailer and results in a Retailer making one or more delinquent payments to
				  one or more Sellers.
(5)
				  Incident--A single delinquent payment. Failure to submit payment also
				  constitutes an incident.
(6)
				  Retailer--A package store permittee, wine only package store permittee, private
				  club permittee, private club exemption certificate permittee, mixed beverage
				  permittee, or other Retailer, and their agents, servants and
				  employees.
(7) Seller--As used in
				  this section includes:
(A) the holder of a
				  wholesaler's permit or a general class B wholesaler's permit
(B) the holder of a winery permit;
(C) the holder of a local distributor's
				  permit when making a sale of an alcoholic beverage that is not the sale of a
				  malt beverage to a mixed beverage permittee or a nonprofit entity temporary
				  event permittee; and
(D) the
				  agents, servants and employees of a permit or license holder identified in
				  subparagraphs (A) - (C) of this paragraph.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 45 - MARKETING PRACTICES › Subchapter G - REGULATION OF CASH AND CREDIT TRANSACTIONS › Section 45.131 - Cash Law

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. This
				  rule implements §
										RSA
				  102.31 of the Texas Alcoholic Beverage Code
				  (Code).
(b) Definitions. For
				  purposes of this section, the following terms have the meaning given in this
				  subsection.
Cash equivalent--A financial transaction or instrument
				  that is not conditione(1)d on the availability of
				  funds upon presentment, including money order, cashier's check, certified check
				  or completed electronic funds transfer.
(2) Cash payment--United States currency and
				  coins, or a cash equivalent financial transaction or instrument.
(3) Event--A financial transaction or
				  instrument that fails to provide payment to a Retailer and results in one or
				  more incidents to one or more Sellers.
(4) Incident--One financial transaction or
				  instrument made by a Retailer that fails to provide payment in full for malt
				  beverages delivered by a Seller to the Retailer. Failure to submit payment also
				  constitutes an incident.
(5) Malt
				  beverages--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.
(6) Retailer--A license or permit holder and
				  their agents, servants and employees, authorized to sell malt beverages for on-
				  or off-premise consumption to an ultimate consumer.
(7) Seller--As used in this section means:
(A) the holder of a local distributor's
				  permit when selling malt beverages to a mixed beverage permittee or nonprofit
				  entity temporary event permittee , or an agent, servant, or employee of a local
				  distributor's permit holder when selling malt beverages to such
				  permittees;
(B) the holder of a
				  brewpub license when selling malt beverages to Retailers;
(C) the holder of a general or branch
				  distributor's license;
(D) the
				  holder of a brewer's self- distribution license under Chapter 62A of the Code;
				  and
(E) the agents, servants, and
				  employees of a license or permit holder identified in subparagraphs (A) - (D)
				  of this paragraph when selling malt beverages to a Retailer.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 50 - ALCOHOLIC BEVERAGE SELLER SERVER AND DELIVERY DRIVER TRAINING › Subchapter A - GENERAL AND ADMINISTRATIVE PROVISIONS › Section 50.1 - Purpose and Authority

Current through Reg. 49, No. 28; July 12, 2024
This chapter implements Texas Alcoholic Beverage Code
					 §
										RSA 106.14,
					 which provides the commission with authority to adopt rules establishing
					 requirements for approved seller training programs, and §57.09, related to
					 alcohol delivery driver training.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 50 - ALCOHOLIC BEVERAGE SELLER SERVER AND DELIVERY DRIVER TRAINING › Subchapter A - GENERAL AND ADMINISTRATIVE PROVISIONS › Section 50.2 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
Words used in this chapter have their common and ordinary
					 meaning unless they are given a specific meaning in the code or are defined in
					 this section.
(1) Applicant--An
				  individual and/or each owner, officer, director, manager, or trainer of a legal
				  entity who applies to the commission for a certificate under this
				  chapter.
(2) Branch Seller Server
				  School Certificate.
(A) Branch Classroom-Based
				  Seller Server School Certificate--A certificate issued by the commission to the
				  holder of a Primary Seller Server School Certificate granting the same
				  authority as the Primary Certificate but at a site that is designated on the
				  Branch Certificate and that is different from that designated on the Primary
				  Certificate;
(B) Branch Mobile
				  Application Seller Server School Certificate--A certificate issued by the
				  commission to the holder of a Primary Internet-Based Seller Server School
				  Certificate that allows for the approved course content to be completed through
				  the internet or through the mobile application, provided that all testing must
				  be completed through the internet and that tests may not be stored on the
				  mobile device or in the mobile application; or
(C) Branch Internet-Based Seller Server
				  School Certificate--A certificate issued by the commission to the holder of a
				  Primary Internet-Based Seller Server School Certificate that allows for the
				  approved course content to have an alternate domain location on the internet,
				  provided that all course content and testing must be completed
				  online.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 50 - ALCOHOLIC BEVERAGE SELLER SERVER AND DELIVERY DRIVER TRAINING › Subchapter B - MANDATORY CURRICULUM AND COURSE OF INSTRUCTION › Section 50.3 - Mandatory Course Curriculum

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  mandatory curriculum is created by and updated by the commission or under a
				  work-for-hire contract. Each certified school is provided with information and
				  security access to the commission's secure portal when an original certificate
				  or renewal is issued. Schools that are unable to access or download the
				  mandatory curriculum must submit a written request to have the curriculum
				  provided in an alternate format. The commission will not provide paper copies
				  of the mandatory curriculum.
(b)
				  The commission claims a copyright in the mandatory curriculum. The mandatory
				  curriculum may not be sold and may not be used in whole or in part without
				  including the commission's claim of copyright.
(c) Each certified school is granted access
				  and specific rights of use to the mandatory curriculum and all updates as part
				  of the school licensing fee.
(1) The
				  copyright license provides unlimited use of the mandatory curriculum for
				  authorized purposes only.
(2) The
				  commission's claim of copyright must be included in all written and visual
				  materials from the mandatory curriculum.
(3) Any sale or use of the mandatory
				  curriculum for unauthorized purposes is a violation of this
				  chapter.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 50 - ALCOHOLIC BEVERAGE SELLER SERVER AND DELIVERY DRIVER TRAINING › Subchapter B - MANDATORY CURRICULUM AND COURSE OF INSTRUCTION › Section 50.4 - Commission Approval of Classroom-Based Course of Instruction

Current through Reg. 49, No. 28; July 12, 2024
(a) Each
				  classroom-based school must provide a course of instruction using the content
				  and sequence of topics contained in the mandatory curriculum. Subject to the
				  requirements of subsection (c) of this section, the course of instruction may
				  include optional material.
(b) All
				  classroom-based training materials and courses of instruction must be submitted
				  to the commission for approval.
(1) A
				  classroom-based course of instruction must be paced to provide a minimum of 120
				  minutes of active instruction and student participation in the mandatory
				  curriculum.
(2) The 120-minute
				  requirement excludes time taken for breaks and the administration of the
				  Commission Standard Competence Test.
(3) The 120-minute requirement is based on a
				  6th grade comprehension and reading skills level.
(4) The commission must approve a course of
				  instruction before it can be offered by a school.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 50 - ALCOHOLIC BEVERAGE SELLER SERVER AND DELIVERY DRIVER TRAINING › Subchapter B - MANDATORY CURRICULUM AND COURSE OF INSTRUCTION › Section 50.5 - Commission Approval of Internet-Based Course of Instruction

Current through Reg. 49, No. 28; July 12, 2024
(a) All internet-based training materials and
				  instruction must be submitted and approved by the commission prior to use.
(1) Printed screenshots meeting the language
				  comprehension levels required by this section and sequenced and presented as a
				  complete course of instruction must be provided to the commission.
(2) Access to the school's web address,
				  secured portal, and delivery platforms must be made available to the commission
				  and the entire course of instruction offered to students must be provided free
				  of charge to the commission.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 50 - ALCOHOLIC BEVERAGE SELLER SERVER AND DELIVERY DRIVER TRAINING › Subchapter B - MANDATORY CURRICULUM AND COURSE OF INSTRUCTION › Section 50.6 - Management of Classroom-Based Course of Instruction

Current through Reg. 49, No. 28; July 12, 2024
(a) No more than 50 students may attend a
				  session.
(b) A student who misses
				  more than 10% of the required 120 minutes of class instruction shall not be
				  allowed to take the Commission Standard Competence Test and may not be given a
				  Seller Server Certificate based on his attendance at that session.
(c) No alcoholic beverage may be consumed by
				  anyone attending or teaching the session, during the session or during
				  breaks.
(d) Each session must be
				  presented in a continuous block of instruction. Instruction may be interrupted
				  by brief breaks, but they must be limited in number and duration. Time spent in
				  a break or taking the Commission Standard Competence Test shall not be included
				  in the 120-minute mandatory curriculum attendance requirement.
(e) The Commission Standard Competence Test
				  shall be administered to each student immediately following the conclusion of
				  instruction at the class he attends. No test may be administered at any other
				  place or time.
(f) The Commission
				  Standard Competence Test shall be administered on a closed-book
				  basis.
(g) A student must correctly
				  answer at least 70% of the questions asked on the Commission Standard
				  Competence Test administered to him to be eligible to receive a Seller Server
				  Certificate.
(h) A student who does
				  not correctly answer 70% of the questions asked may be immediately retested
				  once. If the student does not correctly answer 70% of the questions asked on
				  the retest, the student must repeat the course in full.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 50 - ALCOHOLIC BEVERAGE SELLER SERVER AND DELIVERY DRIVER TRAINING › Subchapter B - MANDATORY CURRICULUM AND COURSE OF INSTRUCTION › Section 50.7 - Management of Internet-Based Course of Instruction

Current through Reg. 49, No. 28; July 12, 2024
(a) An internet-based school must verify a
				  student's identity.
(1) To verify the
				  student's identity, the school must ask each student a minimum of ten personal
				  validation questions. Students have no more than 60 seconds to respond to a
				  personal validation question. If a student answers more than 30% of the
				  personal validation questions incorrectly, the student must be dropped from the
				  course.
(2) In lieu of the
				  validation method required in paragraph (1) of this subsection, a school may
				  use another validation method that has been approved by the commission upon
				  request by that school.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 50 - ALCOHOLIC BEVERAGE SELLER SERVER AND DELIVERY DRIVER TRAINING › Subchapter B - MANDATORY CURRICULUM AND COURSE OF INSTRUCTION › Section 50.8 - Management of In-House Course of Instruction

Current through Reg. 49, No. 28; July 12, 2024
An in-house seller server school shall comply with the
					 provisions of §50.6 or §50.7, as appropriate to the method of
					 instruction used. An in-house seller server school shall not offer a course of
					 instruction, and shall not issue a Seller Server Certificate, to anyone who is
					 not an employee.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 50 - ALCOHOLIC BEVERAGE SELLER SERVER AND DELIVERY DRIVER TRAINING › Subchapter C - SELLER SERVER SCHOOL CERTIFICATES AND REQUIREMENTS › Section 50.9 - Issuance of Seller Server Certificates

Current through Reg. 49, No. 28; July 12, 2024
(a) A school must order and pay for all
				  seller server certificate numbers in advance using the order forms and payment
				  methods approved by the commission. Certificate numbers cost $2.00
				  each.
(b) No session may be
				  conducted unless the school:
(1) has
				  sufficient certificate numbers available to issue a certificate to each
				  individual attending the session at the time, date and location of the
				  scheduled session; and
(2) limits
				  the number of individuals attending a session to the number of certificate
				  numbers available at the location on the date and time the session is
				  conducted.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 50 - ALCOHOLIC BEVERAGE SELLER SERVER AND DELIVERY DRIVER TRAINING › Subchapter C - SELLER SERVER SCHOOL CERTIFICATES AND REQUIREMENTS › Section 50.10 - Requirements for Records, Reports and Notices

Current through Reg. 49, No. 28; July 12, 2024
(a) A school must electronically notify the
				  commission at least three business days in advance of each scheduled session.
				  The notice must include the date, time and location of the session. The
				  commission may waive the three-day requirement on request for good cause shown
				  on an individual basis, but in no case may a session be taught without prior
				  notification to the commission.
(b)
				  Reports of cancelled classes.
(1) A school
				  must electronically notify the commission of the cancellation of a session
				  prior to the scheduled date of the session unless the cancellation cannot
				  reasonably have been anticipated before that date.
(2) When a cancellation cannot reasonably
				  have been anticipated prior to the scheduled date of the session, the school
				  must electronically notify the commission of the cancellation not later than
				  the next business day. The notice must provide an explanation of the
				  circumstances justifying the late notice.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 50 - ALCOHOLIC BEVERAGE SELLER SERVER AND DELIVERY DRIVER TRAINING › Subchapter C - SELLER SERVER SCHOOL CERTIFICATES AND REQUIREMENTS › Section 50.11 - Grounds for Refusing to Process Application

Current through Reg. 49, No. 28; July 12, 2024
(a) The commission may refuse to process an
				  original or renewal application for a school certificate under this chapter, if
				  the applicant or any individual who must submit a personal history sheet with
				  the application:
(1) does not meet the
				  minimum qualifications;
(2) fails
				  to submit a complete application;
(3) fails to pay the required fees;
(4) falsifies, misrepresents, or fails to
				  provide or verify a material fact, disclosure or document required by the
				  commission on the application;
(5)
				  fails to provide or produce information requested by the commission, and the
				  time for providing the information has passed;
(6) within five years of the date of
				  application, was convicted of or served deferred adjudication for:
(A) any felony offense;
(B) any controlled substance offense in the
				  Health and Safety Code Chapter 481;
(C) any firearm or deadly weapon offense in
				  Penal Code Chapter 46;
(D) any
				  prostitution offense in Penal Code Chapter 43;
(E) any gambling offense in Penal Code
				  Chapter 47;
(F) any human
				  trafficking offense in Penal Code Chapter 20A;
(G) any fraud offense in Penal Code Chapters
				  32 or 35;
(H) any money laundering
				  offense in Penal Code Chapter 34; or
(I) any violation of the Alcoholic Beverage
				  Code.
(7) conducts
				  business in a manner that warrants the cancellation or suspension of the
				  certificate for 24 months following the cancellation or suspension;
(8) conducted seller server training courses
				  and allowed students to participate in a seller server training program with
				  the expectation that they would receive a valid commission authorized
				  certificate while the primary seller server certificate was under suspension;
				  or
(9) is the owner of the primary
				  seller server certificate and is residentially domiciled with a person whose
				  primary seller server certificate was cancelled for cause within the 12-month
				  period preceding the owner's application.