CHAPTER 64. GENERAL DISTRIBUTOR'S LICENSE - Texas Statutes

ALCOHOLIC BEVERAGE CODE

TITLE 3. LICENSES AND PERMITS

SUBTITLE B. LICENSES

CHAPTER 64. GENERAL DISTRIBUTOR'S LICENSE

Sec. 64.01. AUTHORIZED ACTIVITIES. (a) The holder of a general

distributor's license may:

(1) receive beer in unbroken original packages from

manufacturers and from general, local, or branch distributors;

(2) distribute or sell beer in the unbroken original packages in

which it is received to general, branch, or local distributors,

to local distributor permittees, to permittees or licensees

authorized to sell to ultimate consumers, to private club

registration permittees, to authorized outlets located on any

installation of the national military establishment, or to

qualified persons for shipment and consumption outside the state;

and

(3) serve free beer for consumption on the licensed premises.

(b) All sales made under the authority of this section except

sales to general, local, or branch distributor's licensees must

be made in accordance with Sections 61.73 and 102.31 of this

code.

Acts 1977, 65th Leg., p. 477, ch. 194, Sec. 1, eff. Sept. 1,

1977. Amended by Acts 1979, 66th Leg., p. 53, ch. 33, Sec. 3,

eff. Aug. 27, 1979.

Sec. 64.02. FEE. The annual state fee for a general

distributor's license is $300.

Acts 1977, 65th Leg., p. 477, ch. 194, Sec. 1, eff. Sept. 1,

1977. Amended by Acts 1983, 68th Leg., p. 1350, ch. 278, Sec. 40,

eff. Sept. 1, 1983.

Sec. 64.03. SALE OF BEER TO PRIVATE CLUBS. The holder of a

general distributor's license may sell and deliver beer to

private clubs located in wet areas without having to secure a

prior order. All sales made under the authority of this section

must be made in accordance with Sections 61.73 and 102.31 of this

code.

Acts 1977, 65th Leg., p. 477, ch. 194, Sec. 1, eff. Sept. 1,

1977.

Sec. 64.04. RECORDS. (a) Each holder of a general, local, or

branch distributor's license shall make and keep a daily record

of every receipt of beer and of every sale of beer, including the

name of each purchaser. Each transaction shall be recorded on the

day it occurs. The licensee shall make and keep any other records

that the commission or administrator requires.

(b) All required records shall be kept available for inspection

by the commission or its authorized representative during

reasonable office hours for at least two years.

(c) The failure to make or keep a record as required by this

section, the making of a false entry in the record, or the

failure to make an entry as required by this section is a

violation of this code.

Acts 1977, 65th Leg., p. 478, ch. 194, Sec. 1, eff. Sept. 1,

1977.

Sec. 64.05. PERSONS INELIGIBLE FOR LICENSE. A general

distributor's license may not be issued to a person who is the

holder of a package store permit or a wine only package store

permit.

Acts 1977, 65th Leg., p. 478, ch. 194, Sec. 1, eff. Sept. 1,

1977.

Sec. 64.06. WAREHOUSES; DELIVERY TRUCKS. Section 62.08 of this

code applies to the use of warehouses and delivery trucks by

general distributor's licensees.

Acts 1977, 65th Leg., p. 478, ch. 194, Sec. 1, eff. Sept. 1,

1977.

Sec. 64.07. MAY SHARE PREMISES. (a) Any number of general,

local, and branch distributors may use the same delivery

vehicles, premises, location, or place of business as licensed

premises if the beer owned and stored by each of the distributors

is segregated.

(b) If delivery vehicles are shared by any number of

distributors who also hold any class of wholesaler's permits,

liquor or beer may be transported. The provisions of Section

42.03 of this code do not apply and no distributor or wholesaler

shall be required to obtain the certificate or permit described

by that section to share a delivery vehicle for the

transportation of liquor or beer.

(c) The provisions of Subsections (a) and (b) of this section

that relate to shared delivery vehicles apply only to those

general, local, or branch distributors who hold a territorial

designation from a manufacturer under Section 102.51 of this

code.

Acts 1977, 65th Leg., p. 478, ch. 194, Sec. 1, eff. Sept. 1,

1977. Amended by Acts 1987, 70th Leg., ch. 359, Sec. 3, eff. Aug.

31, 1987.

Sec. 64.08. BEER FOR USE IN FOOD PRODUCTS INDUSTRY. (a) The

holder of a general distributor's license may sell beer to the

holder of an industrial permit for use as an ingredient in the

manufacturing and processing of food products.

(b) The beer must be sold in containers of not less than

one-half barrel. The sale is subject to the requirements of

Section 102.31 of this code. The seller shall keep records of

shipments and sales of beer in a manner prescribed by the

commission or administrator.

(c) The industrial permittee may not resell beer purchased under

this section, divert the beer to use for beverage purposes,

possess the beer with intent that it be used for beverage

purposes, or possess the beer under circumstances from which it

may reasonably be deduced that the beer is to be used for

beverage purposes.

(d) Taxes imposed by this code do not apply to beer sold under

this section.

Added by Acts 1991, 72nd Leg., ch. 348, Sec. 1, eff. Aug. 26,

1991.

Sec. 64.09. BEER FOR EXPORT. (a) In this section "beer for

export" means beer a distributor holds for export to another

state in which the distributor has been assigned a territory for

the distribution and sale of the beer. The term includes beer

that is illegal to sell in this state because of alcohol content,

containers, packages, or labels.

(b) The holder of a general distributor's license who receives

beer for export from the holder of a manufacturer's or

nonresident manufacturer's license may:

(1) store the beer for export at the distributor's premises;

(2) transport the beer for export outside the state in the

distributor's own vehicles; or

(3) deliver the beer for export to a common carrier for export

and delivery outside the state.

(c) The holder of a general distributor's license is not liable

for any state tax on the beer for export.

(d) Section 101.67 does not apply to beer for export.

Added by Acts 2003, 78th Leg., ch. 489, Sec. 4, eff. Sept. 1,

2003.