Title AL, Alcoholic Beverage Code

Sec. 37.011. OPERATING AGREEMENT WITH IN-STATE DISTILLERY. (a) The holder of a nonresident seller's permit who owns a distillery outside of the state or whose affiliate owns a distillery outside of the state and holds a distiller's and rectifier's permit may enter into an agreeme…

Sec. 37.03. PERMIT REQUIRED. A nonresident seller's permit is required of any distillery, winery, importer, broker, or person who sells liquor to permittees authorized to import liquor into this state, regardless of whether the sale is consummated inside or outside the state. Act…

Sec. 37.05. APPOINTMENT OF AGENT FOR SERVICE OF NOTICE. (a) No person may be issued a nonresident seller's permit until he shows that he has filed a certificate with the secretary of state certifying that he has appointed a resident of this state as his agent for the purposes of …

Sec. 37.06. DESIGNATION OF AGENTS. Every holder of a nonresident seller's permit shall designate, in the manner required by the commission and on forms prescribed by it, those persons authorized as agents to represent the permittee in this state. The failure to do so is a violati…

Sec. 37.07. PROHIBITED ACTIVITIES. (a) No holder of a nonresident seller's permit, nor any officer, director, agent, or employee of the holder, nor any affiliate of the holder, regardless of whether the affiliation is corporate or by management, direction, or control, may do any …

Sec. 37.08. CANCELLATION OR SUSPENSION: NOTICE TO IMPORTERS. When a nonresident seller's permit is cancelled or suspended, the commission shall immediately notify in writing all permittees authorized to import liquor into the state. Acts 1977, 65th Leg., p. 447, ch. 194, Sec. 1, …

Sec. 37.09. RESTRICTION ON IMPORTATION. No person who holds a permit authorizing the importation of liquor, nor his agent or employee, may purchase or order liquor for importation from any person other than a nonresident seller's permittee. An importer may not purchase or order l…

Sec. 37.10. RESTRICTION AS TO SOURCE OF SUPPLY. (a) No holder of a nonresident seller's permit may solicit, accept, or fill an order for distilled spirits or wine from a holder of any type of wholesaler's or winery permit unless the nonresident seller is the primary American sour…

Sec. 37.12. INSPECTION OF RECORDS, DOCUMENTS, ETC. (a) In this section, "officer" means a representative of the commission, the attorney general, or an assistant or representative of the attorney general. (b) If an officer wishes to examine the books, accounts, records, minutes, …

Sec. 37.13. SOLICITATION FROM HOLDER OF MIXED BEVERAGE OR PRIVATE CLUB PERMIT. A holder of a nonresident seller's permit may not solicit business directly or indirectly from a holder of a mixed beverage permit or a private club registration permit unless he is accompanied by the …

Sec. 37.14. MONTHLY REPORTS. The commission shall promulgate rules requiring holders of nonresident seller's permits to file monthly reports of liquor sold to persons within this state. The reports shall be supported by copies of invoices. The commission shall prescribe and furni…

Sec. 38.01. AUTHORIZED ACTIVITIES. (a) In this section, "industrial alcohol" means an alcohol that is produced for industrial purposes only and is not fit for human consumption. (b) A person may: (1) manufacture, rectify, refine, transport, and store industrial alcohol; (2) denat…

Sec. 38.05. OTHER CODE PROVISIONS INAPPLICABLE. The provisions of this code do not apply to alcohol intended for industrial, medicinal, mechanical, or scientific purposes. Acts 1977, 65th Leg., p. 449, ch. 194, Sec. 1, eff. Sept. 1, 1977. Amended by: Acts 2019, 86th Leg., R.S., C…

Sec. 38.06. ACTIVITIES TAX FREE. The taxes imposed by this code do not apply to activities authorized in Section 38.01. Acts 1977, 65th Leg., p. 449, ch. 194, Sec. 1, eff. Sept. 1, 1977. Amended by: Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 146, eff. September 1, 201…

Sec. 41.01. AUTHORIZED ACTIVITIES. (a) The holder of a carrier permit may transport liquor into and out of this state and between points within the state. (b) The holder may transport liquor from one wet area to another wet area across a dry area if that course of transportation …

Sec. 41.03. ELIGIBILITY FOR PERMIT. A carrier permit may be issued to: (1) a water carrier; (2) an airline; (3) a railway; (4) a motor carrier registered under Chapter 643, Transportation Code; or (5) a common carrier operating under a certificate issued by the Interstate Commerc…

Sec. 41.04. REQUIRED INFORMATION. The holder of a carrier permit shall furnish information required by the commission concerning the transportation of liquor. Acts 1977, 65th Leg., p. 455, ch. 194, Sec. 1, eff. Sept. 1, 1977.

Sec. 41.05. TRANSPORTATION OF WINE OUT OF STATE. At the request of a holder of a winery permit, a common carrier that does not hold a carrier permit may transport wine from the premises of the holder of the winery permit or from another location where the holder of a winery permi…

Sec. 43.01. AUTHORIZED ACTIVITIES. A warehouse or transfer company that holds a local cartage permit may transport liquor for hire inside the corporate limits of any city or town in the state. Acts 1977, 65th Leg., p. 457, ch. 194, Sec. 1, eff. Sept. 1, 1977. Amended by: Acts 201…

Sec. 43.03. PERMIT REQUIRED. No person may transport liquor for hire inside a city or town unless he holds a local cartage permit. No person may transport liquor in violation of the motor carrier laws of this state. Acts 1977, 65th Leg., p. 457, ch. 194, Sec. 1, eff. Sept. 1, 197…

Sec. 43.04. ELIGIBILITY FOR PERMIT. The commission may issue a local cartage permit to a warehouse or transfer company. Acts 1977, 65th Leg., p. 457, ch. 194, Sec. 1, eff. Sept. 1, 1977. Amended by: Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 148, eff. September 1, 202…

Sec. 43.05. VEHICLES USED BY PERMITTEE. (a) No local cartage permittee may transport liquor unless: (1) a description of each vehicle used in the transportation, as required by the commission, has been submitted to the commission; and (2) each vehicle has been plainly marked or l…

Sec. 43.06. CERTAIN TRANSPORTATION PROHIBITED. No holder of a local cartage permit may for hire transport liquor between incorporated cities or towns in this state. Acts 1977, 65th Leg., p. 457, ch. 194, Sec. 1, eff. Sept. 1, 1977.

Sec. 46.01. AUTHORIZED ACTIVITIES. The holder of a bonded warehouse permit may store liquor for any permittee who holds a permit authorizing its storage in a public bonded warehouse. Acts 1977, 65th Leg., p. 459, ch. 194, Sec. 1, eff. Sept. 1, 1977.

Sec. 46.03. QUALIFICATIONS FOR PERMIT. (a) A bonded warehouse permit may be issued to any public bonded warehouse that: (1) derives 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 li…

Sec. 46.04. STORAGE INFORMATION. The holder of a bonded warehouse permit shall furnish such information concerning the liquor stored and withdrawn as may be required by the commission. Acts 1977, 65th Leg., p. 459, ch. 194, Sec. 1, eff. Sept. 1, 1977.

Sec. 48.01. AUTHORIZED ACTIVITIES. A passenger transportation permit authorizes the permit holder to sell or serve the types of alcoholic beverages specifically authorized by this chapter. Added by Acts 1985, 69th Leg., ch. 540, Sec. 2, eff. June 12, 1985. Amended by: Acts 2019, …

Sec. 48.02. PERMIT FOR EXCURSION BOAT. (a) A passenger transportation permit may be issued for: (1) a regularly scheduled excursion boat which is licensed by the United States Coast Guard to carry passengers on the navigable waters of the state if the boat: (A) carries at least 4…

Sec. 48.03. PERMIT FOR AIRLINE. (a) A passenger transportation permit may be issued to any corporation operating a commercial airline in or through the state. (b) The holder of a passenger transportation permit issued under this section may: (1) sell or serve alcoholic beverages …

Sec. 48.04. PERMIT FOR PASSENGER TRAIN. (a) A passenger transportation permit may be issued to any corporation organized under the Business Organizations Code or former Title 112, Revised Statutes, or under the Rail Passenger Service Act of 1970, as amended (45 U.S.C.A. Section 5…

Sec. 48.05. PERMIT FOR PASSENGER BUS. (a) A passenger transportation permit may be issued to any corporation operating a commercial passenger bus service in or through the state using a passenger bus that: (1) is designed and used for the regularly scheduled intercity transportat…

Sec. 50.001. AUTHORIZED ACTIVITIES. The holder of a promotional permit may, on behalf of a distiller, brewer, rectifier, or winery with whom the promotional permit holder has entered into a contract for the purposes of this chapter, engage in activities to promote and enhance the…

Sec. 50.003. PROHIBITED ACTIVITIES. The holder of a promotional permit may not hold an interest, directly or indirectly, in a permit or license issued under this code other than a contract to promote and enhance the sale of alcoholic beverages as authorized by this chapter. Redes…

Sec. 50.004. NONAPPLICABILITY OF CERTAIN REQUIREMENTS TO PERMIT HOLDER. Notwithstanding Section 6.03, 11.46, 11.61, or 109.53, or any other law, the holder of a promotional permit is not required to be a resident of this state. Redesignated from Alcoholic Beverage Code, Chapter 5…

Sec. 51.02. AUTHORIZED ACTIVITIES. The holder of a mixed beverage permit issued for operation in a hotel may sell the following alcoholic beverages out of a minibar: (1) distilled spirits in containers of not less than one ounce nor more than two ounces; (2) wine and vinous liquo…

Sec. 51.03. LIMITED ACCESS TO MINIBAR. (a) Minibars shall be of such design as to prevent access to alcoholic beverages to all persons who do not have a minibar key. The minibar key shall be different from the hotel guestroom key, and the mixed beverage permittee may not provide …

Sec. 51.04. STOCKING RESTRICTIONS. (a) All employees handling distilled spirits, wine, and malt beverages being stocked in the minibar must be at least 18 years of age. (b) A minibar may not be restocked or replenished during any hours that a mixed beverage permittee may not sell…

Sec. 51.06. PROHIBITED INTERESTS. The holder of a mixed beverage permit who operates a minibar may not have a direct or indirect interest in a package store permit, and a package store may not be located on the premises of a hotel in which a mixed beverage permittee operates a mi…

Sec. 51.07. MIXED BEVERAGE PERMIT IS PRIMARY. All purchases made by a holder of a mixed beverage permit who operates a minibar shall be made under the authority of and subject to the limitations imposed on the mixed beverage permit held by the permittee. All sales shall, for tax …

Sec. 51.08. DISTILLED SPIRITS PURCHASES. Distilled spirits purchased for resale in a minibar must be purchased in unbroken cases, and the cases shall bear the appropriate identification stamps. Added by Acts 1989, 71st Leg., ch. 692, Sec. 2, eff. June 14, 1989.

Sec. 51.09. COIN-OPERATED MACHINES PROHIBITED. Nothing in this chapter shall be construed as authorizing nor may the commission or administrator authorize the sale of any alcoholic beverage from a coin-operated machine or similar device operated by the consumer. Added by Acts 198…

Sec. 51.10. COMMISSION MAY ADOPT RULES. The commission may adopt rules necessary to regulate the use and operation of minibars. Added by Acts 1989, 71st Leg., ch. 692, Sec. 2, eff. June 14, 1989.

Sec. 54.01. AUTHORIZED ACTIVITIES. 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. Added …

Sec. 54.02. PROHIBITED ACTIVITIES. The holder of an out-of-state winery direct shipper's permit may not: (1) sell or ship wine to a minor; (2) deliver wine to a consumer using a carrier that does not hold a carrier's permit under this code; (3) deliver to the same consumer in thi…

Sec. 54.03. QUALIFICATIONS FOR PERMIT. An out-of-state winery direct shipper's permit may only be issued to a person who: (1) does not hold a winery permit in the State of Texas; (2) operates a winery located in the United States and holds all state and federal permits necessary …

Sec. 54.05. IDENTIFICATION REQUIREMENTS. (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: (1) the package contains wine; and (2) the package may only be delive…