2005 Texas Alcoholic Beverage Code CHAPTER 12. BREWER\'S PERMIT

ALCOHOLIC BEVERAGE CODE

CHAPTER 12. BREWER'S PERMIT


	§ 12.01. AUTHORIZED ACTIVITIES.  The holder of a brewer's 
permit may:     
		(1)  manufacture, bottle, package, and label malt 
liquor;                   
		(2)  import ale and malt liquor acquired from a holder 
of a nonresident brewer's permit;  
		(3)  sell the ale and malt liquor only to wholesale 
permit holders in this state or to qualified persons outside the 
state;  and
		(4)  dispense ale and malt liquor for consumption on 
the premises.          

Acts 1977, 65th Leg., p. 414, ch. 194, § 1, eff. Sept. 1, 1977.  
Amended by Acts 1995, 74th Leg., ch. 812, § 1, eff. Aug. 28, 
1995.


	§ 12.02. FEE.  The annual state fee for a brewer's permit 
is $1,500.      

Acts 1977, 65th Leg., p. 414, ch. 194, § 1, eff. Sept. 1, 1977.  
Amended by Acts 1983, 68th Leg., p. 1342, ch. 278, § 3, eff. 
Sept. 1, 1983.


	§ 12.03. ALE OR MALT LIQUOR FOR EXPORT.  Regardless of any 
other provision of this code, a holder of a brewer's permit may 
manufacture and package malt beverages, or import them from outside 
the state, for shipment out of the state, even though the alcohol 
content, containers, packages, or labels make the beverages illegal 
to sell within the state.  The permittee may export the beverages 
out of the state or deliver them at his premises for shipment out of 
the state without being liable for any state tax on beer, ale, or 
malt liquor sold for resale in the state.

Acts 1977, 65th Leg., p. 414, ch. 194, § 1, eff. Sept. 1, 1977.            


	§ 12.04. CONTINUANCE OF OPERATION AFTER LOCAL OPTION 
ELECTION.  The right of a brewer's permittee to continue operation 
after a prohibitory local option election is covered by Section 
251.75 of this code.

Acts 1977, 65th Leg., p. 414, ch. 194, § 1, eff. Sept. 1, 1977.            


	§ 12.05. SALES BY CERTAIN BREWERS.  The holder of a 
brewer's permit whose annual production of ale in this state does 
not exceed, together with the annual production of beer by the 
holder of a manufacturer's license acting under the authority of 
Section 62.12 of this code at the same premises, a total of 75,000 
barrels, may sell ale produced under the permit to those persons to 
whom the holder of a general class B wholesaler's permit may sell 
malt liquor under Section 20.01(3) of this code.  With regard to 
such a sale, the brewer has the same authority and is subject to the 
same requirements that apply to a sale made by the holder of a 
general class B wholesaler's permit.

Added by Acts 1993, 73rd Leg., ch. 934, § 26, eff. Sept. 1, 1993.          


	§ 12.06. USE OF FACILITIES.  (a) An entity or successor to 
an entity that on May 1, 2005, held a brewer's or nonresident 
brewer's permit or whose brand was legally sold in this state may 
contract with the holder of a brewer's permit for the use of the 
permit holder's brewing facilities or to provide brewing services.
	(b)  An entity or successor to an entity that on May 1, 2005, 
held a brewer's or nonresident brewer's permit or whose brand was 
legally sold in this state is not required to own its brewing 
facilities.
	(c)  More than one brewer's permit may be issued for a single 
premises if the permit holder for the premises has contracted with 
an entity or successor to an entity that on May 1, 2005, held a 
brewer's or nonresident brewer's permit or whose brand was legally 
sold in this state for the use of the permit holder's brewing 
facilities or to provide brewing services.
	(d)  This section does not authorize a person acting as an 
agent for a brewery located outside of this state to contract with 
the holder of a brewer's permit to brew ale or malt liquor on the 
person's behalf.  A contract described by this subsection may only 
be entered into by the holder of a brewer's permit and another 
person holding a permit under this code.

Added by Acts 2005, 79th Leg., ch. 1182, § 2, eff. June 18, 2005.