TABC Code - Texas Alcoholic Beverage Commission

Sec. 17.05. APPLICABILITY OF OTHER LAW. (a) The provisions of this code applicable
to the sale of wine on the permitted premises of the holder of a winery permit apply to the sale of wine
under this chapter.
(b) The winery permit of the holder of a winery festival permit may be canceled or
suspended for a violation occurring in connection with activities conducted under this chapter.
CHAPTER 18. WINE BOTTLER'S PERMIT
Sec. 18.01. AUTHORIZED ACTIVITIES. The holder of a wine bottler's permit may:
(1) purchase and import wine only from the holders of nonresident seller's permits or
their agents who are holders of manufacturer's agent's permits;
(2) purchase wine in this state from holders of wholesaler's, winery, or wine bottler's
permits;
(3) bottle, rebottle, label, package, and sell wine to permit holders in this state
authorized to purchase and sell wine; and
(4) sell wine to qualified persons outside the state.
Sec. 18.02. FEE. The annual state fee for a wine bottler's permit is $225.
Sec. 18.03. PERMANENT RECORD. A holder of a wine bottler's permit shall keep a
permanent record of each purchase and sale of wine. The record shall include the name of the person from
whom the wine is purchased or to whom it is sold, the number of gallons purchased or sold, and the
percentage of alcohol of the wine by volume.
CHAPTER 19. WHOLESALER'S PERMIT
Sec. 19.01. AUTHORIZED ACTIVITIES. The holder of a wholesaler's permit may:
(1) purchase and import liquor from distillers, brewers, wineries, wine bottlers,
rectifiers, and manufacturers who are holders of nonresident seller's permits or from their agents who hold
manufacturer's agents permits;
(2) purchase liquor from other wholesalers in the state;
(3) sell liquor in the original containers in which it is received to retailers and
wholesalers in this state authorized to sell the liquor; [and]
(4) sell liquor to qualified persons outside the state; and
(5) sell ale and malt liquor to a holder of a private club registration permit. Sec. 19.02. FEE. The
annual state fee for a wholesaler's permit is $1,875.
Sec. 19.03. PROMOTIONAL ACTIVITIES. The holder of a wholesaler's permit or his agent
may enter the licensed premises of a mixed beverage permittee or private club registration permittee to
determine the brands offered for sale and suggest or promote the sale of other brands, to the extent
authorized by Section 102.07 of this code. The holder or his agent may not accept a direct order from a
mixed beverage permittee except for wine or malt liquor.
Sec. 19.04. MINIATURE CONTAINERS. In addition to other authorized containers, a
wholesaler's permittee may import, sell, offer for sale, and possess for the purpose of resale distilled
spirits, wine, and vinous liquors in containers of not less than one ounce nor more than two ounces.
Liquor in containers of that size may be sold to:
(1) package store permittees for resale to airline beverage permittees, as provided in
Section 34.05 of this code; and
(2) local distributor's permittees.
Sec. 19.05. ALE AND MALT LIQUOR FOR EXPORT. (a) In this section "ale or malt liquor
for export" means ale or malt liquor a wholesaler holds for export to another state in which the wholesaler
has been assigned a territory for the distribution and sale of the ale or malt liquor. The term includes ale
Texas Alcoholic Beverage Code (2009) 42