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Texas Laws | Alcoholic Beverage Code
ALCOHOLIC BEVERAGE CODE
TITLE 3. LICENSES AND PERMITS

(2) auction alcoholic beverages if any taxes are owed on the beverages; and (2773)

(3) pay a commission or promotional allowance to a person to: (2774)

(A) arrange or conduct an auction under this chapter; or (2775)

(B) arrange the donation of alcoholic beverages to be auctioned by the organization. (2776)

Added by Acts 1997, 75th Leg., ch. 527, Sec. 1, eff. Sept. 1, 1997. (2777)

Amended by: (2778)

Acts 2017, 85th Leg., R.S., Ch. 1107 (H.B. 4042), Sec. 1, eff. September 1, 2017. (2779)

Sec. 53.009. RULES. (2780)(Text)

(a) The commission shall adopt rules governing the issuance and use of a temporary auction permit. (2781)

(b) The commission shall adopt rules establishing penalties for the violation of rules adopted under this chapter. A penalty established by the commission under this subsection may not exceed a penalty that the commission may impose on the holder of another temporary license or permit. (2782)

Added by Acts 1997, 75th Leg., ch. 527, Sec. 1, eff. Sept. 1, 1997. (2783)

Amended by: (2784)

Acts 2017, 85th Leg., R.S., Ch. 1107 (H.B. 4042), Sec. 1, eff. September 1, 2017. (2785)

CHAPTER 54. OUT-OF-STATE WINERY DIRECT SHIPPER'S PERMIT (2786)(Text)
Sec. 54.01. AUTHORIZED ACTIVITIES. (2787)(Text)

The holder of an out-of-state winery direct shipper's permit may sell and deliver wine that is produced or bottled by the permittee to an ultimate consumer located in the State of Texas. Delivery must be by the holder of a carrier permit. (2788)

Added by Acts 2005, 79th Leg., Ch. 36 (S.B. 877), Sec. 2, eff. May 9, 2005. (2789)

Sec. 54.02. PROHIBITED ACTIVITIES. (2790)(Text)

The holder of an out-of-state winery direct shipper's permit may not: (2791)

(1) sell or ship wine to a minor; (2792)

(2) deliver wine to a consumer using a carrier that does not hold a carrier's permit under this code; (2793)

(3) deliver to the same consumer in this state more than nine gallons of wine within any calendar month or more than 36 gallons of wine within any 12-month period; or (2794)

(4) sell to ultimate consumers more than 35,000 gallons of wine annually. (2795)

Added by Acts 2005, 79th Leg., Ch. 36 (S.B. 877), Sec. 2, eff. May 9, 2005. (2796)

Amended by: (2797)

Acts 2009, 81st Leg., R.S., Ch. 346 (H.B. 1084), Sec. 2, eff. September 1, 2009. (2798)

Sec. 54.03. QUALIFICATIONS FOR PERMIT. (2799)(Text)

An out-of-state winery direct shipper's permit may only be issued to a person who: (2800)

(1) does not hold a winery permit in the State of Texas; (2801)

(2) operates a winery located in the United States and holds all state and federal permits necessary to operate the winery, including the federal winemaker's and blender's basic permit; (2802)

(3) holds a Texas sales tax permit; (2803)

(4) expressly submits to personal jurisdiction in Texas state and federal courts and expressly submits to venue in Travis County, Texas, as proper venue for any proceedings that may be initiated by or against the commission; and (2804)

(5) does not directly or indirectly have any financial interest in a Texas wholesaler or retailer as those terms are used in Section 102.01. (2805)

Added by Acts 2005, 79th Leg., Ch. 36 (S.B. 877), Sec. 2, eff. May 9, 2005. (2806)

Sec. 54.04. PERMIT FEE. (2807)(Text)

The annual state fee for an out-of-state winery direct shipper's permit is $75. (2808)

Added by Acts 2005, 79th Leg., Ch. 36 (S.B. 877), Sec. 2, eff. May 9, 2005. (2809)

Sec. 54.05. IDENTIFICATION REQUIREMENTS. (2810)(Text)

(a) All wine sold or shipped by the holder of an out-of-state winery direct shipper's permit must be in a package that is clearly and conspicuously labeled showing that: (2811)

(1) the package contains wine; and (2812)

(2) the package may only be delivered to a person described in Subsection (b). (2813)

(b) Wine sold or shipped by a holder of an out-of-state winery direct shipper's permit may not be delivered to any person other than: (2814)

(1) the person who purchased the wine; (2815)

(2) a recipient designated in advance by such purchaser; or (2816)

(3) a person at the delivery address who is age 21 or over. (2817)

(c) Wine may be delivered only to a person who is age 21 or over after the person accepting the package: (2818)

(1) presents valid proof of identity and age; and (2819)

(2) personally signs a receipt acknowledging delivery of the package. (2820)

Added by Acts 2005, 79th Leg., Ch. 36 (S.B. 877), Sec. 2, eff. May 9, 2005. (2821)

Sec. 54.06. REPORTS AND RECORDKEEPING. (2822)(Text)

(a) The holder of an out-of-state winery direct shipper's permit shall maintain records of all sales and deliveries made under the permit. (2823)

(b) The holder of an out-of-state winery direct shipper's permit shall maintain complete sales and delivery records for all sales and deliveries made under the permit for at least five years from the date of sale. These records shall be made available upon request for inspection by the commission or any other appropriate state agency. (2824)

(c) The commission shall establish rules requiring the holder of an out-of-state winery direct shipper's permit to periodically file reports providing the commission with such information as the commission may determine is needed to more efficiently and effectively enforce the state laws applicable to the permit holder. (2825)

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