Law:Title 3. Licenses And Permits. Subtitle A. Permits (Texas)

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Subtitle A. Permits

Contents

Chapter 12. Brewer's Permit

Section 12.01.  Authorized Activities.

(a) The holder of a brewer's permit may:

(1)  manufacture, bottle, package, and label malt liquor;

(2)  import ale and malt liquor acquired from a holder of a nonresident brewer's permit;

(3)  sell the ale and malt liquor only to wholesale permit holders in this state or to qualified persons outside the state;

(4)  dispense ale and malt liquor for consumption on the premises; and

(5)  conduct samplings of ale or malt liquor, including tastings, at a retailer's premises.

(b)  An agent or employee of the holder of a brewer's permit may open, touch, or pour ale or malt liquor, make a presentation, or answer questions at a sampling event.

Acts 1977, 65th Leg., p. 414, ch. 194, Sec. 1, eff. Sept. 1, 1977. Amended by Acts 1995, 74th Leg., ch. 812, Sec. 1, eff. Aug. 28, 1995.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 1073, Sec. 1, eff. September 1, 2007.



Section  12.02.  Fee.

The annual state fee for a brewer's permit is $1,500.

Acts 1977, 65th Leg., p. 414, ch. 194, Sec. 1, eff. Sept. 1, 1977. Amended by Acts 1983, 68th Leg., p. 1342, ch. 278, Sec. 3, eff. Sept. 1, 1983.



Section  12.03.  Ale Or Malt Liquor For Export.

Regardless of any other provision of this code, a holder of a brewer's permit may manufacture and package malt beverages, or import them from outside the state, for shipment out of the state, even though the alcohol content, containers, packages, or labels make the beverages illegal to sell within the state. The permittee may export the beverages out of the state or deliver them at his premises for shipment out of the state without being liable for any state tax on beer, ale, or malt liquor sold for resale in the state.

Acts 1977, 65th Leg., p. 414, ch. 194, Sec. 1, eff. Sept. 1, 1977.



Section  12.04.  Continuance Of Operation After Local Option Election.

The right of a brewer's permittee to continue operation after a prohibitory local option election is covered by Section 251.75 of this code.

Acts 1977, 65th Leg., p. 414, ch. 194, Sec. 1, eff. Sept. 1, 1977.



Section  12.05.  Sales By Certain Brewers.

The holder of a brewer's permit whose annual production of ale in this state does not exceed, together with the annual production of beer by the holder of a manufacturer's license acting under the authority of Section 62.12 of this code at the same premises, a total of 75,000 barrels, may sell ale produced under the permit to those persons to whom the holder of a general class B wholesaler's permit may sell malt liquor under Section 20.01(3) of this code. With regard to such a sale, the brewer has the same authority and is subject to the same requirements that apply to a sale made by the holder of a general class B wholesaler's permit.

Added by Acts 1993, 73rd Leg., ch. 934, Sec. 26, eff. Sept. 1, 1993.



Section 12.06.  Use Of Facilities.

(a) An entity or successor to an entity that on May 1, 2005, held a brewer's or nonresident brewer's permit or whose brand was legally sold in this state may contract with the holder of a brewer's permit for the use of the permit holder's brewing facilities or to provide brewing services.

(b)  An entity or successor to an entity that on May 1, 2005, held a brewer's or nonresident brewer's permit or whose brand was legally sold in this state is not required to own its brewing facilities.

(c)  More than one brewer's permit may be issued for a single premises if the permit holder for the premises has contracted with an entity or successor to an entity that on May 1, 2005, held a brewer's or nonresident brewer's permit or whose brand was legally sold in this state for the use of the permit holder's brewing facilities or to provide brewing services.

(d)  This section does not authorize a person acting as an agent for a brewery located outside of this state to contract with the holder of a brewer's permit to brew ale or malt liquor on the person's behalf.  A contract described by this subsection may only be entered into by the holder of a brewer's permit and another person holding a permit under this code.

Added by Acts 2005, 79th Leg., Ch. 1182, Sec. 2, eff. June 18, 2005.


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