TABC Code - Texas Alcoholic Beverage Commission

Sec. 61.86. DISCIPLINE FOR ACTIONS OF AGENT. The commission or administrator may
suspend or revoke the license of a person who is the employer of or represented by the holder of an
agent’s beer license as described by Section 73.01 or otherwise discipline the person based on an act or
omission of the holder of the agent’s beer license only if an individual employed by the person in a
supervisory position:
(1) was directly involved in the act or omission of the holder of the agent’s beer
license;
(2) had notice or knowledge of the act or omission; or
(3) failed to take reasonable steps to prevent the act or omission.
Sec. 61.87. AFFIRMATION OF COMPLIANCE. A person who holds a license under Chapter
64, 65, or 66 may not be subject to an administrative sanction for selling or delivering an alcoholic
beverage to a retailer not authorized to purchase and receive the alcoholic beverage if the license holder:
(1) reasonably believes that the retailer is authorized to purchase and receive that
type of alcoholic beverage; and
(2) obtains from the retailer at the time of delivery a written affirmation, which may
be printed or stamped on a sales invoice evidencing the sale or delivery of alcoholic beverages by the
license holder, that the retailer is authorized to purchase and receive the type of alcoholic beverage sold
and delivered by the license holder.
CHAPTER 62. MANUFACTURER'S LICENSE
Sec. 62.01. AUTHORIZED ACTIVITIES. (a) The holder of a manufacturer's license may:
(1) manufacture or brew beer and distribute and sell it in this state to the holders of
general, local, and branch distributor's licenses and to qualified persons outside the state;
(2) dispense beer for consumption on the premises;
(3) bottle and can beer and pack it into containers for resale in this state, regardless
of whether the beer is manufactured or brewed in this state or in another state and imported into Texas;
and
(4) conduct samplings of beer, including tastings, at a retailer's premises.
(b) An agent or employee of the holder of a manufacturer's license may open, touch, or pour
beer, make a presentation, or answer questions at a sampling event.
Sec. 62.02. FEE. (a) Each person who establishes, operates, or maintains one or more licensed
manufacturing establishments in this state under the same general management or ownership shall pay an
annual state fee as follows:
(1) the fee for the first establishment is $750;
(2) the fee for the second establishment is $1,500;
(3) the fee for the third, fourth, and fifth establishments is $4,275 for each
establishment; and
(4) the fee for each establishment in excess of five is $8,400.
(b) For the purposes of this section, two or more establishments are under the same general
management or ownership if:
(1) they bottle the same brand of beer or beer brewed by the same manufacturer; or
(2) the persons (regardless of domicile) who establish, operate, or maintain the
establishments are controlled or directed by one management or by an association of ultimate
management.
Sec. 62.03. STATEMENT OF INTENTION. (a) Except as provided by Section 62.14, each
applicant for a manufacturer's license shall file with an application a sworn statement that the applicant
will be engaged in the business of brewing and packaging beer in this state in quantities sufficient to make
the applicant's operation a bona fide brewing manufacturer within three years of the issuance of the
original license. If the applicant is a corporation, the statement must be signed by one of its principal
Texas Alcoholic Beverage Code (2009) 103