TABC Code - Texas Alcoholic Beverage Commission

(2) the alcoholic beverages subject to the auction, whether sold or unsold, are
removed from the premises immediately following the auction.
Sec. 53.006. AUCTION NOTICE. Before an auction is held, the holder of a temporary
charitable auction permit shall provide to the branch office of the commission located closest to the
auction site written notice of:
(1) the date, time, and place of the auction; and
(2) the inventory of the alcoholic beverages to be auctioned.
Sec. 53.007. DISPOSITION OF PROCEEDS. The proceeds from an auction authorized by this
chapter shall be deposited to the account of the holder of a temporary charitable auction permit.
Sec. 53.008. PROHIBITED ACTIVITIES. The holder of a temporary charitable auction permit
may not:
(1) auction distilled spirits, wine, ale, or malt liquor that has not been donated to the
organization;
(2) auction alcoholic beverages if any taxes are owed on the beverages;
(3) conduct more than one auction during each calendar year; and
(4) pay a commission or promotional allowance to a person to:
(A) arrange or conduct an auction under this chapter; or
(B) arrange the donation of alcoholic beverages to be auctioned by the
organization.
Sec. 53.009. RULES. (a) The commission shall adopt rules governing the issuance and use of a
temporary charitable auction permit.
(b) The commission shall adopt rules establishing penalties for the violation of rules adopted
under this chapter. A penalty established by the commission under this subsection may not exceed a
penalty that the commission may impose on the holder of another temporary license or permit.
CHAPTER 54. OUT-OF-STATE WINERY DIRECT SHIPPER'S PERMIT
Sec. 54.01. AUTHORIZED ACTIVITIES. The holder of an out-of-state winery direct shipper's
permit may sell and deliver wine that is produced or bottled by the permittee to an ultimate consumer
located in the State of Texas. Delivery must be by the holder of a carrier permit.
Sec. 54.02. PROHIBITED ACTIVITIES. The holder of an out-of-state winery direct shipper's
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;
(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]; or
(4) sell to ultimate consumers more than 35,000 gallons of wine annually.
Sec. 54.03. QUALIFICATIONS FOR PERMIT. An out-of-state winery direct shipper's permit
may only be issued to a person who:
(1) does not hold a winery permit in the State of Texas;
(2) operates a winery located in the United States and holds all state and federal
permits necessary to operate the winery, including the federal winemaker's and blender's basic permit;
(3) holds a Texas sales tax permit;
(4) expressly submits to personal jurisdiction in Texas state and federal courts and
expressly submits to venue in Travis County, Texas, as proper venue for any proceedings that may be
initiated by or against the commission; and
(5) does not directly or indirectly have any financial interest in a Texas wholesaler or
retailer as those terms are used in Section 102.01.
Texas Alcoholic Beverage Code (2009) 84