TABC Code - Texas Alcoholic Beverage Commission

(2) solicit and take orders for the sale of liquor from authorized permittees.
Sec. 35.02. FEE. The annual state fee for an agent's permit is $10.
Sec. 35.03. EVIDENCE OF AGENCY OR EMPLOYMENT REQUIRED. An agent's permit
may not be issued to a person until he shows to the satisfaction of the commission that he has been
employed by or authorized to act as the agent of the holder of a permit as described by Section 35.01 of
this code.
Sec. 35.04. CERTAIN EMPLOYEES EXEMPT. An agent's permit is not required for an
employee of a permit holder who sells liquor but remains on the licensed premises when making the sale.
Sec. 35.05. SAMPLES. The holder of an agent's permit may not transport or carry liquor as
samples, but may carry or display empty sample containers.
Sec. 35.06. INELIGIBILITY FOR MANUFACTURER'S AGENT'S PERMIT. A person
holding an agent's permit may not be issued a manufacturer's agent's permit.
Sec. 35.07. UNAUTHORIZED REPRESENTATION. A holder of an agent's permit in
soliciting or taking orders for the sale of liquor may not represent himself to be an agent of any person
other than the person designated in his permit application.
CHAPTER 36. MANUFACTURER'S AGENT'S PERMIT
Sec. 36.01. AUTHORIZED ACTIVITIES. The holder of a manufacturer's agent's permit may:
(1) represent only the holders of nonresident seller's permits; and
(2) solicit and take orders for the sale of liquor from permittees authorized to import
liquor for the purpose of resale.
Sec. 36.02. FEE. The annual state fee for a manufacturer's agent's permit is $10.
Sec. 36.03. AUTHORIZATION BY PRINCIPAL REQUIRED. A manufacturer's agent's
permit may not be issued to a person until he shows to the satisfaction of the commission that he has been
authorized to act as agent of the principal he proposes to represent.
Sec. 36.04. INELIGIBILITY FOR AGENT'S PERMIT. A holder of a manufacturer's agent's
permit may not be issued an agent's permit.
Sec. 36.05. SAMPLES. The holder of a manufacturer's agent's permit may not transport or carry
liquor as samples, but may carry or display empty sample containers.
Sec. 36.06. SOLICITATION FROM HOLDER OF MIXED BEVERAGE OR PRIVATE
CLUB PERMIT. A holder of a manufacturer's agent's permit may not solicit business directly or
indirectly from a holder of a mixed beverage permit or a private club registration permit unless he is
accompanied by the holder of a wholesaler's permit or the wholesaler's agent.
Sec. 36.07. UNAUTHORIZED REPRESENTATION. A holder of a manufacturer's agent's
permit in soliciting or taking orders for the sale of liquor may not represent himself as an agent of a
person other than the person designated in his permit application.
Sec. 36.08. RESTRICTION AS TO SOURCE OF SUPPLY. A manufacturer's agent's
permittee may not represent a person with respect to an alcoholic beverage unless the person represented
is the primary American source of supply of the beverage as defined in Section 37.10 of this code.
CHAPTER 37. NONRESIDENT SELLER'S PERMIT
Sec. 37.01. AUTHORIZED ACTIVITIES. (a) The holder of a nonresident seller's permit may:
(1) solicit and take orders for liquor from permittees authorized to import liquor into this
state; and
(2) ship liquor into this state, or cause it to be shipped into this state, in consummation of
sales made to permittees authorized to import liquor into the state.
(b) The holder of a nonresident seller's permit who owns a winery or brewery outside of the
state may conduct samplings of the kinds of alcoholic beverages the permit holder is authorized to
Texas Alcoholic Beverage Code (2009) 72