TABC Code - Texas Alcoholic Beverage Commission

(c) A truck operated by a licensed distributor for the sale and delivery of beer to a licensed
retail dealer at the dealer's place of business is not a separate place of business for which a license is
required.
(d) The commission shall promulgate rules governing the transportation of beer, the sale of
which is to be consummated at a licensed retailer's place of business.
Sec. 62.09. BEER FOR EXPORT. Regardless of any other provision of this code, a holder of a
manufacturer's license may brew 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 licensee may export the beverages out of state or deliver
them at his premises for shipment out of state without being liable for any state tax on beer, ale, or malt
liquor sold for resale in the state.
Sec. 62.11. CONTINUANCE OF OPERATION AFTER LOCAL OPTION ELECTION.
The right of a manufacturer's licensee to continue operation after a prohibitory local option election is
covered by Section 251.75 of this code.
Sec. 62.12. SALES BY CERTAIN MANUFACTURERS. (a) A manufacturer's licensee whose
annual production of beer in this state does not exceed 75,000 barrels may sell beer produced under the
license to those permittees, licensees, and persons to whom a general distributor's licensee may sell beer
under Section 64.01(2) of this code. With regard to such a sale, the manufacturer has the same authority
and is subject to the same requirements as apply to a sale made by a general distributor's licensee.
(b) The authority granted by this section is additional to that granted by Section 62.01 of this
code.
Sec. 62.13. LICENSED WAREHOUSE FOR IMPORTATION OF BEER. On application
and payment of a fee to be set by the commission, the holder of a manufacturer's license may be issued a
license for a warehouse located in an area where the sale of beer is lawful and may import beer from
outside the state for delivery to the licensed warehouse for sale to beer distributors or for removal to other
warehouses of the manufacturer. The manufacturer shall make and keep a record of the receipt, sale, and
other movement of beer received at the licensed warehouse and any other records that the commission or
administrator requires. This section applies only to a holder of a manufacturer's license who, on January
1, 1993, operated under Sections 62.12 and 203.08 of this code.
Sec. 62.14. USE OF FACILITIES. (a) An entity or successor to an entity that on May 1, 2005,
held a manufacturer's or nonresident manufacturer's license or whose brand was legally sold in this state
may contract with the holder of a manufacturer's license for the use of the license holder's manufacturing
facilities or to provide manufacturing services.
(b) An entity or successor to an entity that on May 1, 2005, held a manufacturer's or
nonresident manufacturer's license or whose brand was legally sold in this state is not required to own its
manufacturing facilities.
(c) This section does not authorize a person acting as an agent for a manufacturer located
outside of this state to contract with the holder of a manufacturer's license to manufacture beer on the
person's behalf. A contract described by this subsection may only be entered into by the holder of a
manufacturer's license and another person holding a license under this code.
CHAPTER 63. NONRESIDENT MANUFACTURER'S LICENSE
Sec. 63.01. AUTHORIZED ACTIVITIES. The holder of a nonresident manufacturer's license
may transport beer into Texas only to holders of importer's licenses. The nonresident manufacturer's
licensee may transport the beer in carriers or vehicles operated by holders of carrier's permits or in motor
vehicles owned or leased by the nonresident manufacturer. The beer must be shipped in barrels or other
containers in accordance with the provisions of this code and may not be shipped into the state in tank
cars.
Sec. 63.02. FEE. The annual state fee for a nonresident manufacturer's license is $750. No county
or city is entitled to a fee for the issuance of the license.
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