TABC Code - Texas Alcoholic Beverage Commission

Sec. 64.05. PERSONS INELIGIBLE FOR LICENSE. A general distributor's license may not
be issued to a person who is the holder of a package store permit or a wine only package store permit.
Sec. 64.06. WAREHOUSES; DELIVERY TRUCKS. Section 62.08 of this code applies to the
use of warehouses and delivery trucks by general distributor's licensees.
Sec. 64.07. MAY SHARE PREMISES. (a) Any number of general, local, and branch
distributors may use the same delivery vehicles, premises, location, or place of business as licensed
premises if the beer owned and stored by each of the distributors is segregated.
(b) If delivery vehicles are shared by any number of distributors who also hold any class of
wholesaler's permits, liquor or beer may be transported. The provisions of Section 42.03 of this code do
not apply and no distributor or wholesaler shall be required to obtain the certificate or permit described by
that section to share a delivery vehicle for the transportation of liquor or beer.
(c) The provisions of Subsections (a) and (b) of this section that relate to shared delivery
vehicles apply only to those general, local, or branch distributors who hold a territorial designation from a
manufacturer under Section 102.51 of this code.
Sec. 64.08. BEER FOR USE IN FOOD PRODUCTS INDUSTRY. (a) The holder of a general
distributor's license may sell beer to the holder of an industrial permit for use as an ingredient in the
manufacturing and processing of food products.
(b) The beer must be sold in containers of not less than one-half barrel. The sale is subject to
the requirements of Section 102.31 of this code. The seller shall keep records of shipments and sales of
beer in a manner prescribed by the commission or administrator.
(c) The industrial permittee may not resell beer purchased under this section, divert the beer
to use for beverage purposes, possess the beer with intent that it be used for beverage purposes, or possess
the beer under circumstances from which it may reasonably be deduced that the beer is to be used for
beverage purposes.
(d) Taxes imposed by this code do not apply to beer sold under this section.
Sec. 64.09. BEER FOR EXPORT. (a) In this section "beer for export" means beer a distributor
holds for export to another state in which the distributor has been assigned a territory for the distribution
and sale of the beer. The term includes beer that is illegal to sell in this state because of alcohol content,
containers, packages, or labels.
(b) The holder of a general distributor's license who receives beer for export from the holder
of a manufacturer's or nonresident manufacturer's license may:
(1) store the beer for export at the distributor's premises;
(2) transport the beer for export outside the state in the distributor's own vehicles; or
(3) deliver the beer for export to a common carrier for export and delivery outside
the state.
(c) The holder of a general distributor's license is not liable for any state tax on the beer for
export.
(d) Section 101.67 does not apply to beer for export.
CHAPTER 65. LOCAL DISTRIBUTOR'S LICENSE
Sec. 65.01. AUTHORIZED ACTIVITIES. (a) The holder of a local distributor's license may:
(1) receive beer in unbroken original packages from manufacturers and from general,
branch, or local distributors;
(2) sell and distribute beer in the unbroken original packages in which it is received:
(A) to the following, if located in the county of the licensee's residence: local
distributor permittees, permittees or licensees authorized to sell to ultimate consumers, private club
registration permittees, authorized outlets located on any installation of the national military
establishment, or qualified persons for shipment and consumption outside of the state; or
(B) to other licensed distributors in the state; and
(3) serve free beer for consumption on the licensed premises.
Texas Alcoholic Beverage Code (2009) 107