CHAPTER 52. PACKAGE STORE TASTING PERMIT - Texas Statutes

ALCOHOLIC BEVERAGE CODE

TITLE 3. LICENSES AND PERMITS

SUBTITLE A. PERMITS

CHAPTER 52. PACKAGE STORE TASTING PERMIT

Sec. 52.01. AUTHORIZED ACTIVITIES. (a) Except as provided by

this subsection, the holder of a package store tasting permit may

conduct product tastings of distilled spirits, wine, beer, and

malt-based or spirit-based coolers on the permitted premises of

the holder's package store or wine only package store during

regular business hours as provided by this section. The holder

of a wine only package store permit and a package store tasting

permit may conduct product tastings only of alcoholic beverages

the permit holder is authorized to sell under Section 24.01.

(b) Written notification of a product tasting must be posted on

the licensed premises of the permit holder's package store not

later than 48 hours before the tasting event. The notification

shall clearly state:

(1) the type and brand of alcoholic beverage to be tasted;

(2) the date and hours the tasting is to take place; and

(3) the address of the premises where the tasting is to occur.

(c) A copy of the notification shall be kept on file and

available for inspection on the premises during all tasting

hours.

(d) Sample portions at a product tasting shall be limited to no

more than:

(1) one-half ounce for distilled spirits;

(2) one ounce for wine; and

(3) one ounce for beer and coolers.

(e) Not more than 20 different products may be made available

for tasting at any one time.

(f) Repealed by Acts 2003, 78th Leg., ch. 1063, Sec. 2.

(g) No charge of any sort may be made for a sample serving.

(h) A person may be served more than one sample. Samples may not

be served to a minor or to an obviously intoxicated person. No

samples may be removed from the licensed premises.

(i) During the tasting, not more than two containers of each

brand or type of product being tasted may be open on the premises

at one time.

(j) At the conclusion of the tasting, all empty or open

containers of alcoholic beverages used in the tasting shall be

removed from the premises or stored in a locked, secure area on

the licensed premises.

(k) A tasting event authorized by this section may not be

advertised except by on-site communications, by direct mail, by

electronic mail, or on the permit holder's Internet website.

(l) Except as provided by Subsection (m) or elsewhere in this

code, a person other than the permittee or the permittee's agent

or employee may not dispense or participate in the dispensing of

alcoholic beverages under this chapter.

(m) The holder of a nonresident seller's or manufacturer's

agent's permit or that permit holder's agent or employee may

participate in and conduct product tastings of alcoholic

beverages at a retailer's premises and may open, touch, or pour

alcoholic beverages, make a presentation, or answer questions at

the tasting. Any alcoholic beverage tasted under this subsection

must be purchased from the package store permit holder on whose

premises the tasting is held. The permit holder may not require

the purchase of more alcoholic beverages than are necessary for

the tasting. This section does not authorize the holder of a

nonresident seller's or manufacturer's agent's permit to withdraw

or purchase an alcoholic beverage from the holder of a

wholesaler's permit or provide an alcoholic beverage for tasting

on a retailer's premises that is not purchased from the retailer.

Added by Acts 1993, 73rd Leg., ch. 934, Sec. 49, eff. Sept. 1,

1993. Amended by Acts 2003, 78th Leg., ch. 1063, Sec. 1, 2, eff.

Sept. 1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch.

192, Sec. 5, eff. September 1, 2005.

Acts 2005, 79th Leg., Ch.

1291, Sec. 3, eff. June 18, 2005.

Sec. 52.02. FEE. The annual state fee for a package store

tasting permit is $25. The fee is in addition to and subject to

the same conditions as the fee paid for the holder's package

store permit.

Added by Acts 1993, 73rd Leg., ch. 934, Sec. 49, eff. Sept. 1,

1993.

Sec. 52.03. ELIGIBILITY FOR PERMIT. The commission or the

administrator may only issue a package store tasting permit to a

holder of a package store permit or wine only package store

permit. For the purposes of this code and any other law of the

state or political subdivision of the state, a package store

tasting permit may not be considered a permit authorizing the

sale of alcoholic beverages for on-premise consumption. Since no

charge may be made for a sample tasted on the premises of a

package store, none of a package store's or wine only package

store's revenue may be deemed to be revenue from the on-premise

sale of alcoholic beverages.

Added by Acts 1993, 73rd Leg., ch. 934, Sec. 49, eff. Sept. 1,

1993.

Amended by:

Acts 2005, 79th Leg., Ch.

1291, Sec. 4, eff. June 18, 2005.