2005 Texas Alcoholic Beverage Code CHAPTER 64. GENERAL DISTRIBUTOR\'S LICENSE

ALCOHOLIC BEVERAGE CODE

CHAPTER 64. GENERAL DISTRIBUTOR'S LICENSE


	§ 64.01. AUTHORIZED ACTIVITIES.  (a) The holder of a 
general distributor's license may:
		(1)  receive beer in unbroken original packages from 
manufacturers and from general, local, or branch distributors;
		(2)  distribute or sell beer in the unbroken original 
packages in which it is received to general, branch, or local 
distributors, to local distributor permittees, to permittees or 
licensees authorized to sell to ultimate consumers, to private club 
registration permittees, to authorized outlets located on any 
installation of the national military establishment, or to 
qualified persons for shipment and consumption outside the state;  
and
		(3)  serve free beer for consumption on the licensed 
premises.              
	(b)  All sales made under the authority of this section 
except sales to general, local, or branch distributor's licensees 
must be made in accordance with Sections 61.73 and 102.31 of this 
code.

Acts 1977, 65th Leg., p. 477, ch. 194, § 1, eff. Sept. 1, 1977.  
Amended by Acts 1979, 66th Leg., p. 53, ch. 33, § 3, eff. Aug. 27, 
1979.


	§ 64.02. FEE.  The annual state fee for a general 
distributor's license is $300.

Acts 1977, 65th Leg., p. 477, ch. 194, § 1, eff. Sept. 1, 1977.  
Amended by Acts 1983, 68th Leg., p. 1350, ch. 278, § 40, eff. 
Sept. 1, 1983.


	§ 64.03. SALE OF BEER TO PRIVATE CLUBS.  The holder of a 
general distributor's license may sell and deliver beer to private 
clubs located in wet areas without having to secure a prior order.  
All sales made under the authority of this section must be made in 
accordance with Sections 61.73 and 102.31 of this code.

Acts 1977, 65th Leg., p. 477, ch. 194, § 1, eff. Sept. 1, 1977.            


	§ 64.04. RECORDS.  (a) Each holder of a general, local, or 
branch distributor's license shall make and keep a daily record of 
every receipt of beer and of every sale of beer, including the name 
of each purchaser.  Each transaction shall be recorded on the day it 
occurs.  The licensee shall make and keep any other records that the 
commission or administrator requires.
	(b)  All required records shall be kept available for 
inspection by the commission or its authorized representative 
during reasonable office hours for at least two years.
	(c)  The failure to make or keep a record as required by this 
section, the making of a false entry in the record, or the failure 
to make an entry as required by this section is a violation of this 
code.

Acts 1977, 65th Leg., p. 478, ch. 194, § 1, eff. Sept. 1, 1977.            


	§ 64.05. PERSONS INELIGIBLE FOR LICENSE.  A general 
distributor's license may not be issued to a person who is the 
holder of a package store permit or a wine only package store 
permit.

Acts 1977, 65th Leg., p. 478, ch. 194, § 1, eff. Sept. 1, 1977.            


	§ 64.06. WAREHOUSES;  DELIVERY TRUCKS.  Section 62.08 of 
this code applies to the use of warehouses and delivery trucks by 
general distributor's licensees.

Acts 1977, 65th Leg., p. 478, ch. 194, § 1, eff. Sept. 1, 1977.            


	§ 64.07. MAY SHARE PREMISES.  (a) Any number of general, 
local, and branch distributors may use the same delivery vehicles, 
premises, location, or place of business as licensed premises if 
the beer owned and stored by each of the distributors is segregated.
	(b)  If delivery vehicles are shared by any number of 
distributors who also hold any class of wholesaler's permits, 
liquor or beer may be transported.  The provisions of Section 42.03 
of this code do not apply and no distributor or wholesaler shall be 
required to obtain the certificate or permit described by that 
section to share a delivery vehicle for the transportation of 
liquor or beer.
	(c)  The provisions of Subsections (a) and (b) of this 
section that relate to shared delivery vehicles apply only to those 
general, local, or branch distributors who hold a territorial 
designation from a manufacturer under Section 102.51 of this code.

Acts 1977, 65th Leg., p. 478, ch. 194, § 1, eff. Sept. 1, 1977.  
Amended by Acts 1987, 70th Leg., ch. 359, § 3, eff. Aug. 31, 
1987.


	§ 64.08. BEER FOR USE IN FOOD PRODUCTS INDUSTRY.  (a) The 
holder of a general distributor's license may sell beer to the 
holder of an industrial permit for use as an ingredient in the 
manufacturing and processing of food products.
	(b)  The beer must be sold in containers of not less than 
one-half barrel.  The sale is subject to the requirements of Section 
102.31 of this code.  The seller shall keep records of shipments and 
sales of beer in a manner prescribed by the commission or 
administrator.
	(c)  The industrial permittee may not resell beer purchased 
under this section, divert the beer to use for beverage purposes, 
possess the beer with intent that it be used for beverage purposes, 
or possess the beer under circumstances from which it may 
reasonably be deduced that the beer is to be used for beverage 
purposes.
	(d)  Taxes imposed by this code do not apply to beer sold 
under this section.

Added by Acts 1991, 72nd Leg., ch. 348, § 1, eff. Aug. 26, 1991.           


	§ 64.09. BEER FOR EXPORT.  (a) In this section "beer for 
export" means beer a distributor holds for export to another state 
in which the distributor has been assigned a territory for the 
distribution and sale of the beer.  The term includes beer that is 
illegal to sell in this state because of alcohol content, 
containers, packages, or labels.
	(b)  The holder of a general distributor's license who 
receives beer for export from the holder of a manufacturer's or 
nonresident manufacturer's license may:
		(1)  store the beer for export at the distributor's 
premises;               
		(2)  transport the beer for export outside the state in 
the distributor's own vehicles;  or
		(3)  deliver the beer for export to a common carrier for 
export and delivery outside the state.
	(c)  The holder of a general distributor's license is not 
liable for any state tax on the beer for export.
	(d)  Section 101.67 does not apply to beer for export.                         

Added by Acts 2003, 78th Leg., ch. 489, § 4, eff. Sept. 1, 2003.