Law:Title 3. Licenses And Permits. Subtitle A. Permits from Chapter 52. Package Store Tasting Permit (Texas)

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Subtitle A. Permits

Contents

Chapter 52. Package Store Tasting Permit

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(f)  Repealed by Acts 2003, 78th Leg., ch. 1063, Sec. 2.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



Section  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.



Section 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.


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