Texas Laws - Alcoholic Beverage Code
ALCOHOLIC BEVERAGE CODE
TITLE 4. REGULATORY AND PENAL PROVISIONS

Acts 2013, 83rd Leg., R.S., Ch. 656 (H.B. 1020), Sec. 1, eff. June 14, 2013. (5006)

Acts 2013, 83rd Leg., R.S., Ch. 848 (H.B. 232), Sec. 1, eff. June 14, 2013. (5007)

Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.223, eff. September 1, 2017. (5008)

Acts 2015, 84th Leg., R.S., Ch. 1004 (H.B. 642), Sec. 2, eff. September 1, 2015. (5009)

Sec. 106.116. REPORTS OF COURT TO COMMISSION. (5010)(1-click HTML)

Unless the clerk is otherwise required to include the information in a report submitted under Section 101.09, the clerk of a court, including a justice court, municipal court, or juvenile court, shall furnish to the commission on request a notice of a conviction of an offense under this chapter or an adjudication under Title 3, Family Code, for conduct that constitutes an offense under this chapter. The report must be in the form prescribed by the commission. (5011)

Added by Acts 1997, 75th Leg., ch. 1013, Sec. 11, eff. Sept. 1, 1997. (5012)

Sec. 106.117. REPORT OF COURT TO DEPARTMENT OF PUBLIC SAFETY. (5013)(1-click HTML)

(a) Each court, including a justice court, municipal court, or juvenile court, shall furnish to the Department of Public Safety a notice of each: (5014)

(1) adjudication under Title 3, Family Code, for conduct that constitutes an offense under this chapter; (5015)

(2) conviction of an offense under this chapter; (5016)

(3) order of deferred disposition for an offense alleged under this chapter; and (5017)

(4) acquittal of an offense under Section 106.041. (5018)

(b) The notice must be in a form prescribed by the Department of Public Safety and must contain the driver's license number of the defendant, if the defendant holds a driver's license. (5019)

(c) The Department of Public Safety shall maintain appropriate records of information in the notices and shall provide the information to law enforcement agencies and courts as necessary to enable those agencies and courts to carry out their official duties. The information is admissible in any action in which it is relevant. A person who holds a driver's license having the same number that is contained in a record maintained under this section is presumed to be the person to whom the record relates. The presumption may be rebutted only by evidence presented under oath. (5020)

(d) The information maintained under this section is confidential and may not be disclosed except as provided by this section. A provision of Chapter 58, Family Code, or other law limiting collection or reporting of information on a juvenile or other minor or requiring destruction of that information does not apply to information reported and maintained under this section. (5021)

Added by Acts 1997, 75th Leg., ch. 1013, Sec. 11, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 1207, Sec. 5, eff. Sept. 1, 1999. (5022)

Sec. 106.12. EXPUNCTION OF CONVICTION OR ARREST RECORDS OF A MINOR. (5023)(1-click HTML)

(a) Any person convicted of not more than one violation of this code while a minor, on attaining the age of 21 years, may apply to the court in which he was convicted to have the conviction expunged. (5024)

(b) The application shall contain the applicant's sworn statement that he was not convicted of any violation of this code while a minor other than the one he seeks to have expunged. (5025)

(c) If the court finds that the applicant was not convicted of any other violation of this code while he was a minor, the court shall order the conviction, together with all complaints, verdicts, sentences, prosecutorial and law enforcement records, and other documents relating to the offense, to be expunged from the applicant's record. After entry of the order, the applicant shall be released from all disabilities resulting from the conviction, and the conviction may not be shown or made known for any purpose. (5026)

(d) Any person placed under a custodial or noncustodial arrest for not more than one violation of this code while a minor and who was not convicted of the violation may apply to the court in which the person was charged to have the records of the arrest expunged. The application must contain the applicant's sworn statement that the applicant was not arrested for a violation of this code other than the arrest the applicant seeks to expunge. If the court finds the applicant was not arrested for any other violation of this code while a minor, the court shall order all complaints, verdicts, prosecutorial and law enforcement records, and other documents relating to the violation to be expunged from the applicant's record. (5027)

(e) The court shall charge an applicant a fee in the amount of $30 for each application for expunction filed under this section to defray the cost of notifying state agencies of orders of expunction under this section. (5028)

(f) The procedures for expunction provided under this section are separate and distinct from the expunction procedures under Chapter 55, Code of Criminal Procedure. (5029)

Acts 1977, 65th Leg., p. 515, ch. 194, Sec. 1, eff. Sept. 1, 1977. Amended by Acts 1981, 67th Leg., p. 258, ch. 107, Sec. 13, eff. Sept. 1, 1981; Acts 1985, 69th Leg., ch. 285, Sec. 11, eff. Sept. 1, 1986; Acts 1985, 69th Leg., ch. 462, Sec. 12, eff. Sept. 1, 1986. (5030)

Amended by: (5031)

Acts 2005, 79th Leg., Ch. 886 (S.B. 1426), Sec. 1, eff. September 1, 2005. (5032)

Acts 2017, 85th Leg., R.S., Ch. 464 (H.B. 2059), Sec. 1, eff. September 1, 2017. (5033)

Acts 2017, 85th Leg., R.S., Ch. 464 (H.B. 2059), Sec. 2, eff. September 1, 2017. (5034)

Sec. 106.13. SANCTIONS AGAINST RETAILER. (5035)(1-click HTML)

(a) Except as provided in Subsections (b) and (c) of this section, the commission or administrator may cancel or suspend for not more than 90 days a retail license or permit or a private club registration permit if it is found, on notice and hearing, that the licensee or permittee with criminal negligence sold, served, dispensed, or delivered an alcoholic beverage to a minor or with criminal negligence permitted a minor to violate Section 106.04 or 106.05 of this code on the licensed premises. (5036)

(b) For a second offense the commission or administrator may cancel the license or permit or suspend it for not more than six months. For a third offense within a period of 36 consecutive months the commission or administrator may cancel the permit or suspend it for not more than 12 months. (5037)

(c) The commission or administrator may relax the provisions of this section concerning suspension and cancellation and assess a sanction the commission or administrator finds just under the circumstances if, at a hearing, the licensee or permittee establishes to the satisfaction of the commission or administrator: (5038)

(1) that the violation could not reasonably have been prevented by the permittee or licensee by the exercise of due diligence; (5039)

(2) that the permittee or licensee was entrapped; or (5040)

(3) that an agent, servant, or employee of the permittee or licensee violated this code without the knowledge of the permittee or licensee. (5041)

Acts 1977, 65th Leg., p. 516, ch. 194, Sec. 1, eff. Sept. 1, 1977. Amended by Acts 1993, 73rd Leg., ch. 437, Sec. 5, eff. Sept. 1, 1993; Acts 1993, 73rd Leg., ch. 934, Sec. 81, eff. Sept. 1, 1993; Acts 1997, 75th Leg., ch. 798, Sec. 1, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 1097, Sec. 1, eff. Sept. 1, 2001. (5042)

Sec. 106.14. ACTIONS OF EMPLOYEE. (5043)(1-click HTML)

(a) For purposes of this chapter and any other provision of this code relating to the sales, service, dispensing, or delivery of alcoholic beverages to a person who is not a member of a private club on the club premises, a minor, or an intoxicated person or the consumption of alcoholic beverages by a person who is not a member of a private club on the club premises, a minor, or an intoxicated person, the actions of an employee shall not be attributable to the employer if: (5044)

(1) the employer requires its employees to attend a commission-approved seller training program; (5045)

(2) the employee has actually attended such a training program; and (5046)

(3) the employer has not directly or indirectly encouraged the employee to violate such law. (5047)

(b) The commission shall adopt rules or policies establishing the minimum requirements for approved seller training programs. Upon application, the commission shall approve seller training programs meeting such requirements that are sponsored either privately, by public community colleges, or by public or private institutions of higher education that offer a four-year undergraduate program and a degree or certificate in hotel or motel management, restaurant management, or travel or tourism management. The commission may charge an application fee to be set by the commission in such amount as is necessary to defray the expense of processing the application. (5048)

(c) The commission may approve under this section a seller training program sponsored by a licensee or permittee for the purpose of training its employees whether or not such employees are located at the same premises. This subsection shall only apply to licensees or permittees who employ at least 150 persons at any one time during the license or permit year who sell, serve, or prepare alcoholic beverages. (5049)

(d) The commission may approve under this section a seller training program conducted by a hotel management company or a hotel operating company for the employees of five or more hotels operated or managed by the company if: (5050)

(1) the seller training program is administered through the corporate offices of the company; and (5051)

(2) the hotels employ a total of at least 200 persons at one time during the license or permit year who sell, serve, or prepare alcoholic beverages. (5052)

(e) After notice and hearing, the commission may cancel or suspend the commission's approval of a seller training program, the commission's certification of a trainer to teach a seller training program, or the commission's certification of a seller-server if the program, trainer, or seller-server violates this code or a commission rule. The commission may give a program, trainer, or seller-server the opportunity to pay a civil penalty rather than be subject to suspension under this subsection. Sections 11.62 through 11.67 apply to the program approval or certification as if the program approval or certification were a license or permit under this code. (5053)

Added by Acts 1987, 70th Leg., ch. 582, Sec. 3, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 477, Sec. 1, eff. Aug. 28, 1989; Acts 1993, 73rd Leg., ch. 934, Sec. 82, eff. Sept. 1, 1993; Acts 1995, 74th Leg., ch. 270, Sec. 1, eff. Sept. 1, 1995; Acts 2003, 78th Leg., ch. 643, Sec. 1, eff. Sept. 1, 2003. (5054)

Amended by: (5055)

Acts 2011, 82nd Leg., R.S., Ch. 158 (H.B. 1952), Sec. 1, eff. May 28, 2011. (5056)

Sec. 106.15. PROHIBITED ACTIVITIES BY PERSONS YOUNGER THAN 18. (5057)(1-click HTML)

(a) A permittee or licensee commits an offense if he employs, authorizes, permits, or induces a person younger than 18 years of age to dance with another person in exchange for a benefit, as defined by Section 1.07, Penal Code, on the premises covered by the permit or license. (5058)

(b) An offense under Subsection (a) is a Class A misdemeanor. (5059)

(c) In addition to a penalty imposed under Subsection (b), the commission or administrator shall: (5060)

(1) suspend for a period of five days the license or permit of a person convicted of a first offense under Subsection (a); (5061)

(2) suspend for a period of 60 days the license or permit of a person convicted of a second offense under Subsection (a); and (5062)

(3) cancel the license or permit of a person convicted of a third offense under Subsection (a). (5063)

(d) This section does not apply to a gift or benefit given for a dance at a wedding, anniversary, or similar event. (5064)

(e) A person does not commit an offense under Subsection (a) if the person younger than 18 years of age falsely represents the person's age to be at least 18 years of age by displaying an apparently valid Texas driver's license or an identification card issued by the Department of Public Safety containing a physical description consistent with the person's appearance. (5065)

Added by Acts 1999, 76th Leg., ch. 80, Sec. 2, eff. Sept. 1, 1999. (5066)

Sec. 106.16. EXCEPTION FOR CERTAIN COURSE WORK. (5067)(1-click HTML)

(a) In this section: (5068)

(1) "Career school or college" has the meaning assigned by Section 132.001, Education Code. (5069)

(2) "Taste" means to draw a beverage into the mouth without swallowing or otherwise consuming the beverage. (5070)

(b) Notwithstanding any other law, a minor may taste an alcoholic beverage if: (5071)

(1) the minor: (5072)

(A) is at least 18 years old; and (5073)

(B) is enrolled: (5074)

(i) as a student at a public or private institution of higher education or a career school or college that offers a program in culinary arts, viticulture, enology or wine technology, brewing or beer technology, or distilled spirits production or technology; and (5075)

(ii) in a course that is part of a program described by Subparagraph (i); (5076)

(2) the beverage is tasted for educational purposes as part of the curriculum for the course described by Subdivision (1)(B)(ii); (5077)

(3) the beverage is not purchased by the minor; and (5078)

(4) the service and tasting of the beverage is supervised by a faculty or staff member who is at least 21 years of age. (5079)

(c) A public or private institution of higher education or a career school or college is not required to hold a license or permit to engage in the activities authorized under this section. (5080)

Added by Acts 2015, 84th Leg., R.S., Ch. 514 (H.B. 909), Sec. 3, eff. September 1, 2015. (5081)

CHAPTER 107. TRANSPORTATION AND IMPORTATION (5082)(1-click HTML)

Sec. 107.01. TRANSPORTATION OF LIQUOR: STATEMENT REQUIRED. (5083)(1-click HTML)

(a) No person may transport liquor into this state or on a public highway, street, or alley in this state unless the person accompanying or in charge of the shipment has with him, available for exhibition and inspection, a written statement furnished and signed by the shipper showing the name and address of the consignor and the consignee, the origin and destination of the shipment, and any other information required by rule or regulation of the commission. (5084)

(b) The person in charge of the shipment while it is being transported shall exhibit the statement to the commission, an authorized representative of the commission, or a peace officer on demand, and it is a violation of this code to fail or refuse to do so. The representative or officer shall accept the written statement as prima facie evidence of the legal right to transport the liquor. (5085)

Acts 1977, 65th Leg., p. 516, ch. 194, Sec. 1, eff. Sept. 1, 1977. (5086)

Sec. 107.02. TRANSPORTATION OF BEER: STATEMENT REQUIRED. (5087)(1-click HTML)

(a) It is lawful for a person to transport beer from any place where its sale, manufacture, or distribution is authorized to another place in the state where its sale, manufacture, or distribution is authorized, or from the state boundary to a place where its sale, manufacture, or distribution is authorized, even though the route of transportation may cross a dry area. (5088)

(a-1) A person transporting beer to the premises of a distributor, including to a location from which the distributor is temporarily conducting business under Section 109.62, shall provide to the consignee a shipping invoice that clearly states: (5089)

(1) the name and address of the consignor and consignee; (5090)

(2) the origin and destination of the shipment; and (5091)

(3) any other information required by this code or commission rule, including the brands, sizes of containers, and quantities of beer contained in the shipment. (5092)

(b) A shipment of beer must be accompanied by a written statement furnished and signed by the shipper showing: (5093)

(1) the name and address of the consignor and consignee; (5094)

(2) the origin and destination of the shipment; and (5095)

(3) any other information required by the commission or administrator. (5096)

(c) The person in charge of the shipment while it is being transported shall exhibit the written statement to any representative of the commission or peace officer who demands to see it. The statement shall be accepted by the representative or peace officer as prima facie evidence of the legal right to transport the beer. (5097)

(d) A person who transports beer not accompanied by the required statement, or who fails to exhibit the statement after a lawful demand, violates this code. (5098)

Acts 1977, 65th Leg., p. 517, ch. 194, Sec. 1, eff. Sept. 1, 1977. (5099)

Amended by: (5100)

Acts 2011, 82nd Leg., R.S., Ch. 517 (H.B. 2035), Sec. 2, eff. June 17, 2011. (5101)

Sec. 107.03. DELIVERY OF LIQUOR IN DRY AREA. (5102)(1-click HTML)

No carrier may transport and deliver liquor to a person in a dry area in this state except for a purpose authorized by this code. (5103)

Acts 1977, 65th Leg., p. 517, ch. 194, Sec. 1, eff. Sept. 1, 1977. (5104)

Sec. 107.04. DELIVERY OF BEER IN DRY AREA. (5105)(1-click HTML)

A common carrier may not deliver beer in a dry area unless it is consigned to a local or general distributor's licensee who has previously stated that he intends to transport it to a licensed place of business in a wet area. A common carrier who transports beer to a distributor in a dry area shall comply strictly with this section and Section 107.02 of this code. (5106)

Acts 1977, 65th Leg., p. 517, ch. 194, Sec. 1, eff. Sept. 1, 1977. (5107)

Sec. 107.05. IMPORTATION OF LIQUOR. (5108)(1-click HTML)

(a) No person may import liquor into the state and deliver it to a person not authorized to import it. (5109)

(b) This section does not apply to the transportation of liquor into the state as authorized by Section 107.07 of this code. (5110)

Acts 1977, 65th Leg., p. 517, ch. 194, Sec. 1, eff. Sept. 1, 1977. (5111)

Sec. 107.06. IMPORTATION OF BEER. (5112)(1-click HTML)

(a) No person may import beer into the state except the holder of a manufacturer's or general, local, or branch distributor's license. (5113)

(b) No person may transport beer into this state unless it is consigned and delivered to one of the licensees named in Subsection (a) of this section. (5114)

(c) This section does not apply to the importation or transportation of military beer consigned to a military installation or to the importation of beer as authorized under Section 107.07 of this code. (5115)

Acts 1977, 65th Leg., p. 517, ch. 194, Sec. 1, eff. Sept. 1, 1977. (5116)

Sec. 107.07. IMPORTATION FOR PERSONAL USE; IMPORTATION BY RAILROAD COMPANIES. (5117)(1-click HTML)

(a) A person may import not more than 24 12-ounce bottles or an equivalent quantity of malt beverages, 3 gallons of wine, and 1 gallon of distilled spirits for the person's own personal use without being required to hold a permit. A person importing alcoholic beverages into the state under this subsection must pay the state tax on alcoholic beverages and an administrative fee of $3 and must affix the required tax stamps. No minor and no intoxicated person may import any alcoholic beverages into the state. A person importing alcoholic beverages under this subsection must personally accompany the alcoholic beverages as the alcoholic beverages enter the state. A person may not use the exemptions set forth in this subsection more than once every thirty days. (5118)

(b) Repealed by Acts 2011, 82nd Leg., R.S., Ch. 157, Sec. 3, eff. September 1, 2011. (5119)

(c) Repealed by Acts 2011, 82nd Leg., R.S., Ch. 157, Sec. 3, eff. September 1, 2011. (5120)

(d) A railroad company operating in this state may import beer owned by the company in quantities necessary to meet the needs of its passengers, but it may not sell or serve beer in a dry area. (5121)

(e) The administrative fees collected under this section shall be used by the commission for the administrative costs of enforcing the requirements of Subsection (a). (5122)

(f) Except as provided by Chapter 54, any person in the business of selling alcoholic beverages in another state or country who ships or causes to be shipped any alcoholic beverage directly to any Texas resident under this section is in violation of this code. (5123)

(g) In computing the total amount of taxes and administrative fees to be collected on alcoholic beverages imported by a person into the state for personal use, the commission may round the amount up to the nearest quarter of a dollar. (5124)

Acts 1977, 65th Leg., p. 518, ch. 194, Sec. 1, eff. Sept. 1, 1977. Amended by Acts 1981, 67th Leg., p. 258, ch. 107, Sec. 14, eff. Sept. 1, 1981; Acts 1981, 67th Leg., p. 2212, ch. 515, Sec. 2, eff. Aug. 31, 1981; Acts 1985, 69th Leg., ch. 285, Sec. 12, eff. Sept. 1, 1986; Acts 1985, 69th Leg., ch. 462, Sec. 13, eff. Sept. 1, 1986; Acts 1986, 69th Leg., 3rd C.S., ch. 9, Sec. 1, eff. Sept. 30, 1986; Acts 1987, 70th Leg., ch. 495, Sec. 2, eff. Aug. 31, 1987; Acts 1995, 74th Leg., ch. 135, Sec. 1, eff. Aug. 28, 1995. (5125)

Amended by: (5126)

Acts 2005, 79th Leg., Ch. 36 (S.B. 877), Sec. 3, eff. May 9, 2005. (5127)

Acts 2005, 79th Leg., Ch. 792 (S.B. 269), Sec. 1, eff. September 1, 2005. (5128)

Acts 2011, 82nd Leg., R.S., Ch. 157 (H.B. 1936), Sec. 1, eff. September 1, 2011. (5129)

Acts 2011, 82nd Leg., R.S., Ch. 157 (H.B. 1936), Sec. 3, eff. September 1, 2011. (5130)

Sec. 107.08. TRANSPORTATION OF BEVERAGES FOR PERSONAL CONSUMPTION. (5131)(1-click HTML)

A person who purchases an alcoholic beverage for his own consumption may transport it from a place where its sale is legal to a place where its possession is legal without holding a license or permit. (5132)

Acts 1977, 65th Leg., p. 518, ch. 194, Sec. 1, eff. Sept. 1, 1977. (5133)

Sec. 107.09. SINGLE INVOICE AUTHORIZED. (5134)(1-click HTML)

If the holder of a general, local, or branch distributor's license also holds a wholesaler's, general class B wholesaler's, or local class B wholesaler's permit, a written statement or invoice required as evidence of the sale of beer or liquor may be on the same business form that is designed to reflect the sale of both liquor and beer, if all information required by this code to be shown on a statement or invoice is reflected on the form and all other records required by this code are maintained. (5135)

Added by Acts 1993, 73rd Leg., ch. 934, Sec. 83, eff. Sept. 1, 1993. (5136)

Sec. 107.10. TRANSPORTATION OF WINE COOLERS OR SPIRIT COOLERS. (5137)(1-click HTML)

(a) A holder of a wholesaler's, general class B wholesaler's, or local class B wholesaler's permit may transport and sell wine coolers without a prior order if the holder complies with the provisions of this code and rules of the commission applicable to the transportation and sale of beer by a holder of a distributor's license. (5138)

(b) A holder of a wholesaler's permit may transport and sell spirit coolers without a prior order if the holder complies with the provisions of this code and rules of the commission applicable to the transportation and sale of beer by a holder of a distributor's license. (5139)

Added by Acts 1993, 73rd Leg., ch. 934, Sec. 83, eff. Sept. 1, 1993. (5140)

Sec. 107.11. IMPORTATION OF PERSONAL COLLECTION. (5141)(1-click HTML)

(a) A person who is relocating a household may import, or contract with a motor carrier or another person to import, a personal malt beverage, wine, or distilled spirit collection as a part of that person's household goods. (5142)

(b) Section 107.07 does not apply to a person who is importing a personal malt beverage, wine, or distilled spirit collection under Subsection (a). (5143)

Added by Acts 1993, 73rd Leg., ch. 934, Sec. 83, eff. Sept. 1, 1993. (5144)

Amended by: (5145)

Acts 2011, 82nd Leg., R.S., Ch. 157 (H.B. 1936), Sec. 2, eff. September 1, 2011. (5146)

CHAPTER 108. ADVERTISING (5147)(1-click HTML)

SUBCHAPTER A. GENERAL PROVISIONS RELATING TO ADVERTISING (5148)(1-click HTML)
Sec. 108.01. DECEPTIVE, DISPARAGING, OR OTHERWISE UNLAWFUL ADVERTISING. (5149)(1-click HTML)

(5150)

(a) No manufacturer or distributor directly or indirectly, or through a subsidiary, affiliate, agent, employee, officer, director, or firm member, may publish, disseminate, or cause to be published or disseminated by any medium enumerated in Subsection (b) an advertisement of a brewery product that: (5151)

(1) causes or is reasonably calculated to cause deception of the consumer with respect to the product advertised; (5152)

(2) directly or by ambiguity, omission, or inference tends to create a misleading impression; (5153)

(3) is untrue in any particular; (5154)

(4) disparages a competitor's product; or (5155)

(5) is obscene or indecent. (5156)

(b) The media covered by this section include: (5157)

(1) radio broadcasting; (5158)

(2) newspapers, periodicals, and other publications; (5159)

(3) signs and outdoor advertising; and (5160)

(4) any printed or graphic matter. (5161)

Acts 1977, 65th Leg., p. 519, ch. 194, Sec. 1, eff. Sept. 1, 1977. (5162)

Amended by: (5163)

Acts 2013, 83rd Leg., R.S., Ch. 1190 (S.B. 1090), Sec. 19, eff. September 1, 2013. (5164)

Sec. 108.02. PROHIBITED FORMS OF ADVERTISING. (5165)(1-click HTML)

No person may advertise an alcoholic beverage or the sale of an alcoholic beverage by the employment or use of a sound vehicle or handbill on a public street, alley, or highway. (5166)

Acts 1977, 65th Leg., p. 519, ch. 194, Sec. 1, eff. Sept. 1, 1977. (5167)

Sec. 108.03. REGULATION OF PROMOTIONAL ACTIVITIES. (5168)(1-click HTML)

The commission shall adopt rules permitting and regulating the use of business cards, menu cards, stationery, service vehicles and equipment, and delivery vehicles and equipment that bear alcoholic beverage advertising. The commission shall also adopt rules permitting and regulating the use of insignia advertising beer, distilled spirits, or wine by brand name on caps, regalia, or uniforms worn by employees of manufacturers, distributors, distillers, or wineries or by participants in a game, sport, athletic contest, or revue if the participants are sponsored by a manufacturer, distributor, distiller, or winery. (5169)

Acts 1977, 65th Leg., p. 519, ch. 194, Sec. 1, eff. Sept. 1, 1977. Amended by Acts 1993, 73rd Leg., ch. 934, Sec. 84, eff. Sept. 1, 1993. (5170)

Sec. 108.035. PACKAGING OF CERTAIN PROMOTIONAL ITEMS AUTHORIZED. (5171)(1-click HTML)

Notwithstanding any other provision of this code, a person who holds a brewer's permit, nonresident brewer's permit, manufacturer's license, or nonresident manufacturer's license, or the person's agent or employee, may package alcoholic beverages in combination with other items if the package is designed to be delivered intact to the wholesaler or distributor and the additional items are branded and have no value or benefit to the retailer other than that of having the potential of attracting purchases and promoting sales. (5172)

Added by Acts 2013, 83rd Leg., R.S., Ch. 1190 (S.B. 1090), Sec. 20, eff. September 1, 2013. (5173)

Sec. 108.04. ACTS OF PROMOTIONAL OR COURTESY NATURE: ADMINISTRATIVE DISCRETION. (5174)(1-click HTML)

The commission may promulgate rules which shall set definite limitations consistent with the general provisions of this code, relaxing the restrictions of Sections 102.07, 102.14, 102.15, and 108.06, with respect to: (5175)

(1) the sale or gift of novelties advertising the product of a manufacturer or distributor; (5176)

(2) the making of gifts to civic, religious, or charitable organizations; (5177)

(3) the cleaning and maintenance of coil connections for dispensing draught beer; (5178)

(4) the lending of equipment for special occasions; and (5179)

(5) acts of a purely courtesy nature. (5180)

Acts 1977, 65th Leg., p. 519, ch. 194, Sec. 1, eff. Sept. 1, 1977. Amended by Acts 1999, 76th Leg., ch. 130, Sec. 1, eff. Sept. 1, 1999. (5181)

Sec. 108.041. CARBON DIOXIDE FILTERS PROVIDED TO RETAILERS. (5182)(1-click HTML)

(a) A manufacturer or distributor of beer may provide carbon dioxide filters to beer retailers for draught systems using carbon dioxide or a carbon dioxide and nitrogen blend, commonly referred to as "beer gas." (5183)

(b) The cost of providing, maintaining, and replacing the carbon dioxide filters shall be borne by the manufacturer. (5184)

Added by Acts 2005, 79th Leg., Ch. 237 (S.B. 1472), Sec. 1, eff. September 1, 2005. (5185)

Sec. 108.042. ACTS OF PROMOTIONAL OR COURTESY NATURE: WINE DISPENSING. (5186)(1-click HTML)

The commission shall adopt rules that set definite limitations, consistent with the general provisions of this code, relaxing the restrictions of Section 102.07 to allow the holder of a wholesaler's, general class B wholesaler's, or local class B wholesaler's permit or the permit holder's agent to perform the cleaning and maintenance of coil connections for the dispensing of wine. (5187)

Added by Acts 2011, 82nd Leg., R.S., Ch. 20 (S.B. 890), Sec. 1, eff. September 1, 2011. (5188)

Sec. 108.05. ALLOWANCE FOR ADVERTISEMENT OR DISTRIBUTION. (5189)(1-click HTML)

No manufacturer or distributor, directly or indirectly, or through a subsidiary, affiliate, agent, employee, officer, director, or firm member, may pay or make an allowance to a retail dealer for an advertising or distribution service. (5190)

Acts 1977, 65th Leg., p. 520, ch. 194, Sec. 1, eff. Sept. 1, 1977. (5191)

Sec. 108.06. PRIZES AND PREMIUMS. (5192)(1-click HTML)

No manufacturer or distributor, directly or indirectly, or through a subsidiary, affiliate, agent, employee, officer, director, or firm member, may offer a prize, premium, gift, or other inducement to a dealer in or consumer of brewery products. (5193)

Acts 1977, 65th Leg., p. 520, ch. 194, Sec. 1, eff. Sept. 1, 1977. (5194)

Sec. 108.061. SWEEPSTAKES PROMOTIONS AUTHORIZED. (5195)(1-click HTML)

(a) Notwithstanding the prohibition against prizes given to a consumer in Section 108.06 and subject to the rules of the commission, a manufacturer, nonresident manufacturer, or brewer may offer a prize to a consumer of legal drinking age if the offer is a part of a promotional sweepstakes activity. (5196)

(b) A purchase or entry fee may not be required of any person to enter in a sweepstakes authorized under this section. (5197)

(c) A person affiliated with the alcoholic beverage industry may not receive a prize from a sweepstakes authorized under this section. (5198)

(d) A prize awarded under this section may include food, beverages, entertainment, recreation, gifts, or attendance at a private event at a permitted or licensed premises for the winners of the sweepstakes and other guests of the sponsor of the event. The name or location of the premises where a private event described by this subsection is held may not be mentioned in any advertising related to the sweepstakes. (5199)

(e) If a licensee or permittee conducts a private event authorized by Subsection (d) at a retailer's premises, the licensee or permittee shall pay the retailer the fair market value for the use of the premises. The retailer must retain control of the sale and service of alcoholic beverages at the private event. (5200)

  

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