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TABC Code - Texas Alcoholic Beverage Commission

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Sec. 73.03. LICENSE REQUIRED. A person whose compensation is based mainly on the<br />

activities specified in Section 73.01 may not engage in those activities unless he holds an agent's beer<br />

license.<br />

Sec. 73.04. QUALIFICATION FOR LICENSE. The commission shall not issue an agent's beer<br />

license to a person unless it is shown to the satisfaction of the commission that the applicant is employed<br />

or has good prospects for employment as agent or representative of a manufacturer or distributor.<br />

Sec. 73.05. GRACE PERIOD. A person may engage in the activities specified in Section 73.01<br />

for an initial grace period of five days during which he shall procure an agent's beer license from the<br />

commission.<br />

Sec. 73.06. EMPLOYMENT OF UNLICENSED AGENT PROHIBITED. No manufacturer<br />

or distributor may use or be the beneficiary of the services of any person to carry on the activities<br />

specified in Section 73.01 if he does not hold an agent's beer license and is not covered by the grace<br />

period provided by Section 73.05 of this code.<br />

Sec. 73.07. EMPLOYMENT OF AGENT WHOSE LICENSE HAS BEEN SUSPENDED<br />

OR CANCELLED. (a) No manufacturer or distributor may employ or continue to employ in any<br />

capacity a person whose agent's beer license has been suspended by the commission during the period of<br />

suspension.<br />

(b) No manufacturer or distributor may employ or continue to employ in any capacity a<br />

person whose agent's beer license has been cancelled for cause by the commission within one year after<br />

the date of the cancellation.<br />

Sec. 73.08. RULES. The commission may promulgate reasonable rules defining the<br />

qualifications and regulating the conduct of holders of agent's beer licenses.<br />

Sec. 73.09. APPLICATION FOR LICENSE. (a) An application for an agent's beer license is<br />

filed with the commission or any designated employee of the commission. The application must be on a<br />

form prescribed by the commission and include all information required by the commission.<br />

(b) The commission, administrator, or a designated employee of the commission shall act on<br />

applications, and the county judge has no authority over the issuance or approval of agent's beer licenses.<br />

Sec. 73.10. RENEWAL OF LICENSE. An application for the renewal of an agent's beer license<br />

shall be made to the commission not more than 30 days before the license expires. The commission shall<br />

prescribe forms for that purpose and shall prescribe what information is required in the application.<br />

Sec. 73.11. SUSPENSION OR CANCELLATION OF LICENSE. An agent's beer license may<br />

be suspended or cancelled by the commission for a violation of any rule or regulation of the commission<br />

or for any of the reasons a manufacturer's or distributor's license may be suspended or cancelled. The<br />

same procedure applicable to the suspension or cancellation of the manufacturer's or distributor's license<br />

shall be followed in the suspension or cancellation of an agent's beer license.<br />

<strong>Texas</strong> <strong>Alcoholic</strong> <strong>Beverage</strong> <strong>Code</strong> (2009) 115

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