TABC Code - Texas Alcoholic Beverage Commission

(1) not the holder of a permit authorizing the sale of alcoholic beverages for onpremises
consumption; and
(2) not considered to have received any revenue from the on-premises sale of
alcoholic beverages.
Sec. 16.08. WINE FESTIVALS. (a) At an event that is approved by the commission, organized
to celebrate and promote the wine industry in this state, and held in whole or in part on the premises of the
holder of a winery permit, the permit holder may:
(1) sell wine to consumers for consumption on or off the holder’s premises; and
(2) dispense wine without charge for consumption on or off the holder’s premises.
(b) The holder of a winery permit may sell wine to the holder of a temporary permit issued
under Chapter 27, 30, or 33 for an event that is approved by the commission and organized to celebrate
and promote the wine industry in this state.
Sec. 16.09. DIRECT SHIPMENT TO CONSUMERS. (a) The holder of a winery permit may
ship wine to the ultimate consumer, including ultimate consumers located in dry areas. Delivery must be
by the holder of a carrier permit.
(b) All wine shipped to an ultimate consumer by the holder of a winery permit must be in a
package that is clearly and conspicuously labeled showing that:
(1) the package contains wine; and
(2) the package may be delivered only to a person described in Subsection (c).
(c) Wine shipped by the holder of a winery permit may not be delivered to any person other than:
(1) the person who purchased the wine;
(2) a recipient designated in advance by such purchaser; or
(3) a person at the delivery address who is age 21 or over.
(d) Wine may be delivered only to a person who is age 21 or over after the person accepting the
package:
(1) presents valid proof of identity and age; and
(2) personally signs a receipt acknowledging delivery of the package.
(e) The holder of a winery permit may not:
(1) sell or ship wine to a minor;
(2) deliver wine to a consumer using a carrier that does not hold a carrier's permit under
this code; or
(3) deliver to the same consumer in this state more than nine [three] gallons of wine
within any calendar month or more than 36 gallons of wine within any 12-month period [30-day period to
the same consumer in this state].
CHAPTER 17. WINERY FESTIVAL PERMIT
Sec. 17.01. AUTHORIZED ACTIVITIES. (a) The holder of a winery festival permit may sell
wine at a civic or wine festival, farmers' market, celebration, or similar event.
(b) The holder of a winery festival permit may not offer wine for sale under this chapter:
(1) for more than five days within any 30-day period; or
(2) on more than three consecutive days at the same location.
Sec. 17.02. QUALIFICATION FOR PERMIT. A winery festival permit may be issued only
to the holder of a winery permit.
Sec. 17.03. NOTICE OF SALES; PROCEDURES. (a) Before the holder of a winery festival
permit offers wine for sale under this chapter, the permit holder must, in accordance with any rules
adopted or procedures established by the commission, notify the commission of the date on which and
location where the permit holder will offer wine for sale under this chapter.
Sec. 17.04. PERMIT FEE. The fee for a winery festival permit is $50.
Texas Alcoholic Beverage Code (2009) 41