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TABC Code - Texas Alcoholic Beverage Commission

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(2) none of the license holder's income may be considered to be income from the sale<br />

of alcoholic beverages for on-premise consumption.<br />

(d) Any beer used in a sampling event under this section must be purchased from or provided<br />

by the retailer on whose premises the sampling event is held.<br />

CHAPTER 72. TEMPORARY LICENSES<br />

Sec. 72.01. AUTHORIZED ACTIVITIES. The holder of a temporary license may sell beer in<br />

the county where the license is issued to ultimate consumers in or from any lawful container for<br />

consumption on or off the premises where sold.<br />

Sec. 72.02. FEE. The state fee for a temporary license is $30. No refund shall be allowed for the<br />

surrender or nonuse of a temporary license.<br />

Sec. 72.03. DURATION OF LICENSE. A temporary license may be issued for a period of not<br />

more than four days.<br />

Sec. 72.04. REQUIRED BASIC LICENSE OR PERMIT. A temporary license may be issued<br />

only to a holder of a retail dealer's on-premise license or a wine and beer retailer's permit.<br />

Sec. 72.05. ISSUANCE AND USE OF LICENSE; RULES. (a) Temporary licenses shall be<br />

issued by the administrator or the commission or the commission's authorized representative. The<br />

commission shall adopt rules governing the issuance and use of temporary licenses.<br />

(b) Licenses shall be issued only for the sale of beer at picnics, celebrations, or similar<br />

events.<br />

(c) The administrator or commission may refuse to issue a license if there is reason to<br />

believe the issuance of the license would be detrimental to the public.<br />

Sec. 72.06. CANCELLATION OR SUSPENSION OF PRIMARY LICENSE OR PERMIT.<br />

The primary license or permit under which a temporary license was issued may be cancelled or suspended<br />

for a violation of this code on the premises covered by the temporary license that would justify the cancellation<br />

or suspension of a license under Section 61.71 of this code.<br />

CHAPTER 73. AGENT'S BEER LICENSE<br />

Sec. 73.01. AUTHORIZED ACTIVITIES. Subject to the limitations imposed in Section 73.011<br />

of this code or elsewhere in this code, the holder of an agent's beer license, acting as an employee or<br />

representative of a licensed manufacturer of beer located inside or outside the state or as an employee or<br />

representative of a licensed distributor, may:<br />

(1) promote the sale of beer through methods such as solicitation, display,<br />

advertising, and personal contact with licensed retailers of beer and their agents, servants, and employees,<br />

and with consumers of beer; and<br />

(2) sell beer and offer it for sale.<br />

Sec. 73.011. LIMITATIONS ON AUTHORITY OF AGENT'S BEER LICENSEE. (a) A<br />

holder of an agent's beer license who is an employee or agent of a manufacturer's licensee or a<br />

nonresident manufacturer's licensee may not represent that the holder is the agent of or is acting on behalf<br />

of a licensed distributor. An agent may not engage in conduct that is prohibited by Section 102.75 of this<br />

code or other provisions of this code.<br />

(b) A holder of an agent's beer license may not make a representation, solicitation, or offer<br />

that this code or the rules of the commission prohibits the agent's employer from offering, making, or<br />

fulfilling.<br />

Sec. 73.02. FEE. (a) The annual state fee for an agent's beer license is $10.<br />

(b) The commission may not refund any part of the fee for any reason.<br />

(c) No manufacturer or distributor may pay the license fee for any person or reimburse any<br />

person for the payment of the fee.<br />

<strong>Texas</strong> <strong>Alcoholic</strong> <strong>Beverage</strong> <strong>Code</strong> (2009) 114

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