TABC Code - Texas Alcoholic Beverage Commission

(i) During the tasting, not more than two containers of each brand or type of product being
tasted may be open on the premises at one time.
(j) At the conclusion of the tasting, all empty or open containers of alcoholic beverages used
in the tasting shall be removed from the premises or stored in a locked, secure area on the licensed
premises.
(k) A tasting event authorized by this section may not be advertised except by on-site
communications, by direct mail, by electronic mail, or on the permit holder's Internet website.
(l) Except as provided by Subsection (m) or elsewhere in this code, a person other than the
permittee or the permittee's agent or employee may not dispense or participate in the dispensing of
alcoholic beverages under this chapter.
(m) The holder of a nonresident seller's or manufacturer's agent's permit or that permit holder's
agent or employee may participate in and conduct product tastings of alcoholic beverages at a retailer's
premises and may open, touch, or pour alcoholic beverages, make a presentation, or answer questions at
the tasting. Any alcoholic beverage tasted under this subsection must be purchased from the package store
permit holder on whose premises the tasting is held. The permit holder may not require the purchase of
more alcoholic beverages than are necessary for the tasting. This section does not authorize the holder of
a nonresident seller's or manufacturer's agent's permit to withdraw or purchase an alcoholic beverage from
the holder of a wholesaler's permit or provide an alcoholic beverage for tasting on a retailer's premises
that is not purchased from the retailer.
Sec. 52.02. FEE. The annual state fee for a package store tasting permit is $25. The fee is in
addition to and subject to the same conditions as the fee paid for the holder's package store permit.
Sec. 52.03. ELIGIBILITY FOR PERMIT. The commission or the administrator may only issue
a package store tasting permit to a holder of a package store permit or wine only package store permit.
For the purposes of this code and any other law of the state or political subdivision of the state, a package
store tasting permit may not be considered a permit authorizing the sale of alcoholic beverages for onpremise
consumption. Since no charge may be made for a sample tasted on the premises of a package
store, none of a package store's or wine only package store's revenue may be deemed to be revenue from
the on-premise sale of alcoholic beverages.
CHAPTER 53. TEMPORARY CHARITABLE AUCTION PERMIT
Sec. 53.001. AUTHORIZED ACTIVITIES. The holder of a temporary charitable auction
permit may auction alcoholic beverages for consumption off premises to raise money to support
charitable works of the permit holder.
Sec. 53.002. FEE. (a) The state fee for a temporary charitable auction permit is $25.
(b) A local fee may not be charged for the application for the issuance of a temporary
charitable auction permit.
Sec. 53.003. DURATION OF PERMIT. A temporary charitable auction permit may be issued
for a period of not more than five days.
Sec. 53.004. PERMIT. The commission may issue a temporary charitable auction permit only to
an organization that is exempt from taxation under Section 501(a), Internal Revenue Code of 1986 (26
U.S.C. Section 501(a)) by being listed under Section 501(c)(3), Internal Revenue Code of 1986 (26
U.S.C. Section 501(c)(3)).
Sec. 53.005. AUCTION LOCATION. (a) The holder of a temporary charitable auction permit
may conduct an auction in any area where the sale of the type of alcoholic beverage to be auctioned is
authorized by a local option election.
(b) The holder of a temporary charitable auction permit may conduct an auction at a premises
of another permit or license holder if:
(1) the alcoholic beverages to be auctioned are kept separate from the alcoholic
beverages sold, stored, or served at the premises; and
Texas Alcoholic Beverage Code (2009) 83