CHAPTER 19. WHOLESALER'S PERMIT - Texas Statutes

ALCOHOLIC BEVERAGE CODE

TITLE 3. LICENSES AND PERMITS

SUBTITLE A. PERMITS

CHAPTER 19. WHOLESALER'S PERMIT

Sec. 19.01. AUTHORIZED ACTIVITIES. The holder of a wholesaler's

permit may:

(1) purchase and import liquor from distillers, brewers,

wineries, wine bottlers, rectifiers, and manufacturers who are

holders of nonresident seller's permits or from their agents who

hold manufacturer's agents permits;

(2) purchase liquor from other wholesalers in the state;

(3) sell liquor in the original containers in which it is

received to retailers and wholesalers in this state authorized to

sell the liquor;

(4) sell liquor to qualified persons outside the state; and

(5) sell ale and malt liquor to a holder of a private club

registration permit.

Acts 1977, 65th Leg., p. 417, ch. 194, Sec. 1, eff. Sept. 1,

1977.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

3, Sec. 1, eff. September 1, 2009.

Sec. 19.02. FEE. The annual state fee for a wholesaler's permit

is $1,875.

Acts 1977, 65th Leg., p. 418, ch. 194, Sec. 1, eff. Sept. 1,

1977. Amended by Acts 1983, 68th Leg., p. 1343, ch. 278, Sec. 8,

eff. Sept. 1, 1983.

Sec. 19.03. PROMOTIONAL ACTIVITIES. The holder of a

wholesaler's permit or his agent may enter the licensed premises

of a mixed beverage permittee or private club registration

permittee to determine the brands offered for sale and suggest or

promote the sale of other brands, to the extent authorized by

Section 102.07 of this code. The holder or his agent may not

accept a direct order from a mixed beverage permittee except for

wine or malt liquor.

Acts 1977, 65th Leg., p. 418, ch. 194, Sec. 1, eff. Sept. 1,

1977.

Sec. 19.04. MINIATURE CONTAINERS. In addition to other

authorized containers, a wholesaler's permittee may import, sell,

offer for sale, and possess for the purpose of resale distilled

spirits, wine, and vinous liquors in containers of not less than

one ounce nor more than two ounces. Liquor in containers of that

size may be sold to:

(1) package store permittees for resale to airline beverage

permittees, as provided in Section 34.05 of this code; and

(2) local distributor's permittees.

Acts 1977, 65th Leg., p. 418, ch. 194, Sec. 1, eff. Sept. 1,

1977.

Sec. 19.05. ALE AND MALT LIQUOR FOR EXPORT. (a) In this

section "ale or malt liquor for export" means ale or malt liquor

a wholesaler holds for export to another state in which the

wholesaler has been assigned a territory for the distribution and

sale of the ale or malt liquor. The term includes ale and malt

liquor that is illegal to sell in this state because of alcohol

content, containers, packages, or labels.

(b) The holder of a wholesaler's permit who receives ale or malt

liquor for export from the holder of a brewer's or nonresident

brewer's permit may:

(1) store the ale or malt liquor for export at the wholesaler's

premises;

(2) transport the ale or malt liquor for export outside the

state in the wholesaler's own vehicles; or

(3) deliver the ale or malt liquor for export to a common

carrier for export and delivery outside the state.

(c) The holder of a wholesaler's permit is not liable for any

state tax on the ale or malt liquor for export.

(d) Section 101.67 does not apply to ale or malt liquor for

export.

Added by Acts 2003, 78th Leg., ch. 489, Sec. 1, eff. Sept. 1,

2003.