CHAPTER 74. BREWPUB LICENSE - Texas Statutes

ALCOHOLIC BEVERAGE CODE

TITLE 3. LICENSES AND PERMITS

SUBTITLE B. LICENSES

CHAPTER 74. BREWPUB LICENSE

Sec. 74.01. AUTHORIZED ACTIVITIES. (a) A holder of a brewpub

license for a brewpub located in a wet area, as that term is

described by Section 251.71 of this code, may:

(1) manufacture, brew, bottle, can, package, and label malt

liquor, ale, and beer;

(2) sell or offer without charge, on the premises of the

brewpub, to ultimate consumers for consumption on or off those

premises, malt liquor, ale, or beer produced by the holder, in or

from a lawful container, to the extent the sales or offers are

allowed under the holder's other permits or licenses; and

(3) sell food on the premises of the holder's breweries.

(b) The holder of a brewpub license may establish, operate, or

maintain one or more licensed brewpubs in this state under the

same general management or ownership. The holder shall pay the

fee assessed by the commission for each establishment. For the

purposes of this subsection, two or more establishments are under

the same general management or ownership if:

(1) the establishments bottle the same brand of malt liquor,

beer, or ale or bottle malt liquor, beer, or ale brewed by the

same manufacturer; or

(2) the person, regardless of domicile, who establishes,

operates, or maintains the establishments is controlled or

directed by one management or by an association of ultimate

management.

(c) A holder of a brewpub license must also hold a wine and beer

retailer's permit, a mixed beverage permit, or a retail dealer's

on-premise license.

(d) The holder of a brewpub license may not hold or have an

interest either directly or indirectly, or through a subsidiary,

affiliate, agent, employee, officer, director, or other person,

in a manufacturer's or distributor's license or any other license

or permit in the manufacturing or wholesaling levels of the

alcoholic beverage industry regardless of the specific names

given to permits or licenses in Title 3 of this code. The holder

shall be considered a "retailer" for purposes of Section 102.01

of this code.

(e) A holder of a retail dealer's on-premise license who obtains

a brewpub license may not manufacture, brew, bottle, can,

package, label, sell, or offer without charge malt liquor or ale.

(f) A holder of a brewpub license may not sell an alcoholic

beverage for resale.

(g) The holder of a brewpub license may deliver malt liquor,

ale, or beer manufactured by the holder to a location other than

the holder's premises for the purpose of submitting the malt

liquor, ale, or beer for an evaluation at an organized malt

liquor, ale, or beer tasting, competition, or review. At a

tasting, competition, or review, a holder of a brewpub license

may:

(1) dispense without charge malt liquor, ale, or beer

manufactured by the holder to a person attending the event for

consumption on the premises of the event; and

(2) discuss with a person attending the event the manufacturing

and characteristics of the malt liquor, ale, or beer.

Added by Acts 1993, 73rd Leg., ch. 478, Sec. 1, eff. Aug. 30,

1993; Acts 1993, 73rd Leg., ch. 934, Sec. 59, eff. Sept. 1, 1993.

Amended by Acts 1995, 74th Leg., ch. 387, Sec. 1, eff. Aug. 28,

1995.

Sec. 74.02. FEE. The annual state fee for a brewpub license is

$500.

Added by Acts 1993, 73rd Leg., ch. 478, Sec. 1, eff. Aug. 30,

1993; Acts 1993, 73rd Leg., ch. 934, Sec. 59, eff. Sept. 1, 1993.

Sec. 74.03. PRODUCTION LIMIT. The total annual production of

malt liquor, ale, and beer by a holder of a brewpub license may

not exceed 5,000 barrels for each licensed brewpub established,

operated, or maintained by the holder in this state.

Added by Acts 1993, 73rd Leg., ch. 478, Sec. 1, eff. Aug. 30,

1993; Acts 1993, 73rd Leg., ch. 934, Sec. 59, eff. Sept. 1, 1993.

Sec. 74.04. LICENSE APPLICATION, RENEWAL, AND MAINTENANCE;

RECORDS; LICENSE ISSUANCE. All provisions of this code that

apply to a brewpub licensee's wine and beer retailer's permit,

mixed beverage permit, or retail dealer's on-premise license also

apply to the brewpub license.

Added by Acts 1993, 73rd Leg., ch. 478, Sec. 1, eff. Aug. 30,

1993; Acts 1993, 73rd Leg., ch. 934, Sec. 59, eff. Sept. 1, 1993.

Sec. 74.05. STATEMENT OF INTENT. An applicant for a brewpub

license shall file with the application a sworn statement that

the applicant shall be engaged in the business of brewing and

packaging malt liquor, ale, or beer in this state in quantities

sufficient to operate a brewpub not later than six months after

the date of issuance of the original license. If the applicant is

a corporation, the statement must be signed by a principal

corporate officer. A county judge may not issue a brewpub license

to an applicant who does not submit the required sworn statement

with the application for a license.

Added by Acts 1993, 73rd Leg., ch. 478, Sec. 1, eff. Aug. 30,

1993; Acts 1993, 73rd Leg., ch. 934, Sec. 59, eff. Sept. 1, 1993.

Sec. 74.06. QUALITY STANDARDS. Manufacturing or brewing

equipment used by a holder of a brewpub license, and process,

labeling, and packaging conducted by a holder of a brewpub

license, shall conform to standards and tax requirements imposed

by this code and the commission's rules for the manufacture of

beer and the brewing of ale and malt liquor and shall conform to

any standards that may be applied by the agency of the United

States charged with supervising and inspecting the manufacture

and brewing of alcoholic beverages.

Added by Acts 1993, 73rd Leg., ch. 478, Sec. 1, eff. Aug. 30,

1993; Acts 1993, 73rd Leg., ch. 934, Sec. 59, eff. Sept. 1, 1993.

Sec. 74.07. CONTAINER SIZE. In addition to any other container

for beer, ale, or malt liquor authorized elsewhere in this code,

a holder of a brewpub license may store or serve to consumers

beer, ale, or malt liquor manufactured by the holder of the

license at the premises of the brewpub license from any container

having the capacity of one barrel or whole multiples of one

barrel.

Added by Acts 1993, 73rd Leg., ch. 478, Sec. 1, eff. Aug. 30,

1993; Acts 1993, 73rd Leg., ch. 934, Sec. 59, eff. Sept. 1, 1993.