2005 Texas Alcoholic Beverage Code CHAPTER 54. OUT-OF-STATE WINERY DIRECT SHIPPER\'S PERMIT

ALCOHOLIC BEVERAGE CODE

CHAPTER 54. OUT-OF-STATE WINERY DIRECT SHIPPER'S PERMIT

Chapter 54, Out-of-State Winery Direct Shipper's Permit, 
consisting of Secs. 54.01 to 54.12, was added by Acts 2005, 79th 
Leg., ch. 36, § 2.

For another Chapter 54, Promotional Permit, consisting of Secs. 
54.001 to 54.003, added by Acts 2005, 79th Leg., ch. 1289, § 1, 
see V.T.C.A., Alcoholic Beverage Code § 54.001 et seq., post.


	§ 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.

Added by Acts 2005, 79th Leg., ch. 36, § 2, eff. May 9, 2005.              

Chapter 54, Out-of-State Winery Direct Shipper's Permit, 
consisting of Secs. 54.01 to 54.12, was added by Acts 2005, 79th 
Leg., ch. 36, § 2.

For another Chapter 54, Promotional Permit, consisting of Secs. 
54.001 to 54.003, added by Acts 2005, 79th Leg., ch. 1289, § 1, 
see V.T.C.A., Alcoholic Beverage Code § 54.001 et seq., post.


	§ 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 more than three gallons of wine within any 
30-day period to the same consumer in this state;  or
		(4)  sell to ultimate consumers more than 35,000 
gallons of wine annually.  

Added by Acts 2005, 79th Leg., ch. 36, § 2, eff. May 9, 2005.              

Chapter 54, Out-of-State Winery Direct Shipper's Permit, 
consisting of Secs. 54.01 to 54.12, was added by Acts 2005, 79th 
Leg., ch. 36, § 2.

For another Chapter 54, Promotional Permit, consisting of Secs. 
54.001 to 54.003, added by Acts 2005, 79th Leg., ch. 1289, § 1, 
see V.T.C.A., Alcoholic Beverage Code § 54.001 et seq., post.


	§ 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.

Added by Acts 2005, 79th Leg., ch. 36, § 2, eff. May 9, 2005.              

Chapter 54, Out-of-State Winery Direct Shipper's Permit, 
consisting of Secs. 54.01 to 54.12, was added by Acts 2005, 79th 
Leg., ch. 36, § 2.

For another Chapter 54, Promotional Permit, consisting of Secs. 
54.001 to 54.003, added by Acts 2005, 79th Leg., ch. 1289, § 1, 
see V.T.C.A., Alcoholic Beverage Code § 54.001 et seq., post.


	§ 54.04. PERMIT FEE.  The annual state fee for an 
out-of-state winery direct shipper's permit is $75.

Added by Acts 2005, 79th Leg., ch. 36, § 2, eff. May 9, 2005.              

Chapter 54, Out-of-State Winery Direct Shipper's Permit, 
consisting of Secs. 54.01 to 54.12, was added by Acts 2005, 79th 
Leg., ch. 36, § 2.

For another Chapter 54, Promotional Permit, consisting of Secs. 
54.001 to 54.003, added by Acts 2005, 79th Leg., ch. 1289, § 1, 
see V.T.C.A., Alcoholic Beverage Code § 54.001 et seq., post.


	§ 54.05. IDENTIFICATION REQUIREMENTS.  (a) All wine sold 
or shipped by the holder of an out-of-state winery direct shipper's 
permit must be in a package that is clearly and conspicuously 
labeled showing that:
		(1)  the package contains wine;  and                                          
		(2)  the package may only be delivered to a person 
described in Subsection (b).
	(b)  Wine sold or shipped by a holder of an out-of-state 
winery direct shipper's permit may not be delivered to any person 
other than:
		(1)  the person who purchased the wine;                                       
		(2)  a recipient designated in advance by such 
purchaser;  or               
		(3)  a person at the delivery address who is age 21 or 
over.                
	(c)  Wine may be delivered only to a person who is age 21 or 
over after the person accepting the package:
		(1)  presents valid proof of identity and age;  and                           
		(2)  personally signs a receipt acknowledging delivery 
of the package.      

Added by Acts 2005, 79th Leg., ch. 36, § 2, eff. May 9, 2005.              

Chapter 54, Out-of-State Winery Direct Shipper's Permit, 
consisting of Secs. 54.01 to 54.12, was added by Acts 2005, 79th 
Leg., ch. 36, § 2.

For another Chapter 54, Promotional Permit, consisting of Secs. 
54.001 to 54.003, added by Acts 2005, 79th Leg., ch. 1289, § 1, 
see V.T.C.A., Alcoholic Beverage Code § 54.001 et seq., post.


	§ 54.06. REPORTS AND RECORDKEEPING.  (a) The holder of an 
out-of- state winery direct shipper's permit shall maintain records 
of all sales and deliveries made under the permit.
	(b)  The holder of an out-of-state winery direct shipper's 
permit shall maintain complete sales and delivery records for all 
sales and deliveries made under the permit for at least five years 
from the date of sale.  These records shall be made available upon 
request for inspection by the commission or any other appropriate 
state agency.
	(c)  The commission shall establish rules requiring the 
holder of an out-of-state winery direct shipper's permit to 
periodically file reports providing the commission with such 
information as the commission may determine is needed to more 
efficiently and effectively enforce the state laws applicable to 
the permit holder.

Added by Acts 2005, 79th Leg., ch. 36, § 2, eff. May 9, 2005.              

Chapter 54, Out-of-State Winery Direct Shipper's Permit, 
consisting of Secs. 54.01 to 54.12, was added by Acts 2005, 79th 
Leg., ch. 36, § 2.

For another Chapter 54, Promotional Permit, consisting of Secs. 
54.001 to 54.003, added by Acts 2005, 79th Leg., ch. 1289, § 1, 
see V.T.C.A., Alcoholic Beverage Code § 54.001 et seq., post.


	§ 54.07. LIABILITY FOR AND PAYMENT OF TAXES.  (a) Sales 
made by the holder of an out-of-state winery direct shipper's 
permit shall be deemed to have been made in the State of Texas for 
delivery in the State of Texas.
	(b)  The holder of an out-of-state winery direct shipper's 
permit shall be responsible for paying the following state taxes 
related to sales and deliveries made under this chapter:
		(1)  excise taxes on the wine sold, payable at the same 
rate and in the same manner as if the permittee were a Texas winery 
located in Texas;  and
		(2)  state sales and use taxes all payable at the same 
rate and in the same manner as if the permittee were a Texas winery 
located in Texas.
	(c)  An ultimate consumer who purchases wine from the holder 
of an out-of-state winery direct shipper's permit under this 
chapter shall be considered to be purchasing the wine from a Texas 
permittee and shall not be charged the administrative fee for 
personal imports set forth in Section 107.07.

Added by Acts 2005, 79th Leg., ch. 36, § 2, eff. May 9, 2005.              

Chapter 54, Out-of-State Winery Direct Shipper's Permit, 
consisting of Secs. 54.01 to 54.12, was added by Acts 2005, 79th 
Leg., ch. 36, § 2.

For another Chapter 54, Promotional Permit, consisting of Secs. 
54.001 to 54.003, added by Acts 2005, 79th Leg., ch. 1289, § 1, 
see V.T.C.A., Alcoholic Beverage Code § 54.001 et seq., post.


	§ 54.08. RESALE PROHIBITED.  A consumer purchasing wine 
from the holder of an out-of-state winery direct shipper's permit 
may not resell the wine, and any such wine that is resold is an 
illicit beverage as defined in Section 1.04(4).

Added by Acts 2005, 79th Leg., ch. 36, § 2, eff. May 9, 2005.              

Chapter 54, Out-of-State Winery Direct Shipper's Permit, 
consisting of Secs. 54.01 to 54.12, was added by Acts 2005, 79th 
Leg., ch. 36, § 2.

For another Chapter 54, Promotional Permit, consisting of Secs. 
54.001 to 54.003, added by Acts 2005, 79th Leg., ch. 1289, § 1, 
see V.T.C.A., Alcoholic Beverage Code § 54.001 et seq., post.


	§ 54.09. DELIVERY AREAS.  Wine shipped under this chapter 
may be delivered to persons located in a dry area.

Added by Acts 2005, 79th Leg., ch. 36, § 2, eff. May 9, 2005.              

Chapter 54, Out-of-State Winery Direct Shipper's Permit, 
consisting of Secs. 54.01 to 54.12, was added by Acts 2005, 79th 
Leg., ch. 36, § 2.

For another Chapter 54, Promotional Permit, consisting of Secs. 
54.001 to 54.003, added by Acts 2005, 79th Leg., ch. 1289, § 1, 
see V.T.C.A., Alcoholic Beverage Code § 54.001 et seq., post.


	§ 54.10. WINE LABEL APPROVAL NOT REQUIRED.  If the holder 
of an out-of-state winery direct shipper's permit has satisfied all 
federal label approval requirements for a particular brand of wine, 
then no further label approval shall be required by the commission.

Added by Acts 2005, 79th Leg., ch. 36, § 2, eff. May 9, 2005.              

Chapter 54, Out-of-State Winery Direct Shipper's Permit, 
consisting of Secs. 54.01 to 54.12, was added by Acts 2005, 79th 
Leg., ch. 36, § 2.

For another Chapter 54, Promotional Permit, consisting of Secs. 
54.001 to 54.003, added by Acts 2005, 79th Leg., ch. 1289, § 1, 
see V.T.C.A., Alcoholic Beverage Code § 54.001 et seq., post.


	§ 54.11. RULES.  The commission shall adopt rules and 
forms necessary to implement this chapter.

Added by Acts 2005, 79th Leg., ch. 36, § 2, eff. May 9, 2005.              

Chapter 54, Out-of-State Winery Direct Shipper's Permit, 
consisting of Secs. 54.01 to 54.12, was added by Acts 2005, 79th 
Leg., ch. 36, § 2.

For another Chapter 54, Promotional Permit, consisting of Secs. 
54.001 to 54.003, added by Acts 2005, 79th Leg., ch. 1289, § 1, 
see V.T.C.A., Alcoholic Beverage Code § 54.001 et seq., post.


	§ 54.12.  PENALTY FOR SHIPPING WITHOUT A PERMIT.  Any 
person who does not hold an out-of-state winery direct shipper's 
permit who sells and ships alcohol from outside of Texas to an 
ultimate consumer in Texas commits on first offense a Class B 
misdemeanor, on second offense a Class A misdemeanor, and on third 
offense a state jail felony.

Added by Acts 2005, 79th Leg., ch. 36, § 2, eff. May 9, 2005.              

Chapter 54, Promotional Permit, consisting of Secs. 54.001 to 
54.003, was added by Acts 2005, 79th Leg., ch. 1289, § 1.

For another Chapter 54, Out-of-State Winery Direct Shipper's 
Permit, consisting of Secs. 54.01 to 54.12, added by Acts 2005, 79th 
Leg., ch. 36, § 2, see V.T.C.A., Alcoholic Beverage Code § 
54.01 et seq., ante.


	§ 54.001. AUTHORIZED ACTIVITIES.  The holder of a 
promotional permit may, on behalf of a distiller, brewer, 
rectifier, manufacturer, winery, or wine bottler with whom the 
promotional permit holder has entered into a contract for the 
purposes of this chapter, engage in activities to promote and 
enhance the sale of an alcoholic beverage in this state, including 
activities that take place on the premises of the holder of a permit 
or license under this code.

Added by Acts 2005, 79th Leg., ch. 1289, § 1, eff. Sept. 1, 2005.          

Chapter 54, Promotional Permit, consisting of Secs. 54.001 to 
54.003, was added by Acts 2005, 79th Leg., ch. 1289, § 1.

For another Chapter 54, Out-of-State Winery Direct Shipper's 
Permit, consisting of Secs. 54.01 to 54.12, added by Acts 2005, 79th 
Leg., ch. 36, § 2, see V.T.C.A., Alcoholic Beverage Code § 
54.01 et seq., ante.


	§ 54.002. FEE.  (a)  The annual state fee for a 
promotional permit is $300.
	(b)  A local fee may not be charged for the application or 
issuance of a promotional permit.

Added by Acts 2005, 79th Leg., ch. 1289, § 1, eff. Sept. 1, 2005.          

Chapter 54, Promotional Permit, consisting of Secs. 54.001 to 
54.003, was added by Acts 2005, 79th Leg., ch. 1289, § 1.

For another Chapter 54, Out-of-State Winery Direct Shipper's 
Permit, consisting of Secs. 54.01 to 54.12, added by Acts 2005, 79th 
Leg., ch. 36, § 2, see V.T.C.A., Alcoholic Beverage Code § 
54.01 et seq., ante.


	§ 54.003. PROHIBITED ACTIVITIES.  The holder of a 
promotional permit may not hold an interest, directly or 
indirectly, in a permit or license issued under this code other than 
a contract to promote and enhance the sale of alcoholic beverages as 
authorized by this chapter.

Added by Acts 2005, 79th Leg., ch. 1289, § 1, eff. Sept. 1, 2005.