2005 Texas Alcoholic Beverage Code CHAPTER 52. PACKAGE STORE TASTING PERMIT

ALCOHOLIC BEVERAGE CODE

CHAPTER 52. PACKAGE STORE TASTING PERMIT


	§ 52.01. AUTHORIZED ACTIVITIES.  (a) Except as provided 
by this subsection, the holder of a package store tasting permit may 
conduct product tastings of distilled spirits, wine, beer, and 
malt-based or spirit-based coolers on the permitted premises of the 
holder's package store or wine only package store during regular 
business hours as provided by this section.  The holder of a wine 
only package store permit and a package store tasting permit may 
conduct product tastings only of alcoholic beverages the permit 
holder is authorized to sell under Section 24.01.
	(b)  Written notification of a product tasting must be posted 
on the licensed premises of the permit holder's package store not 
later than 48 hours before the tasting event.  The notification 
shall clearly state:
		(1)  the type and brand of alcoholic beverage to be 
tasted;                 
		(2)  the date and hours the tasting is to take place;  
and                  
		(3)  the address of the premises where the tasting is to 
occur.             
	(c)  A copy of the notification shall be kept on file and 
available for inspection on the premises during all tasting hours.
	(d)  Sample portions at a product tasting shall be limited to 
no more than:  
		(1)  one-half ounce for distilled spirits;                                    
		(2)  one ounce for wine;  and                                                 
		(3)  one ounce for beer and coolers.                                          
	(e)  Not more than 20 different products may be made 
available for tasting at any one time.
	(f)  Repealed by Acts 2003, 78th Leg., ch. 1063, § 2.                       
	(g)  No charge of any sort may be made for a sample serving.                   
	(h)  A person may be served more than one sample.  Samples may 
not be served to a minor or to an obviously intoxicated person.  No 
samples may be removed from the licensed premises.
	(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. 

Added by Acts 1993, 73rd Leg., ch. 934, § 49, eff. Sept. 1, 1993.  
Amended by Acts 2003, 78th Leg., ch. 1063, § 1, 2, eff. Sept. 1, 
2003;  Acts 2005, 79th Leg., ch. 192, § 5, eff. Sept. 1, 2005;  
Acts 2005, 79th Leg., ch. 1291, § 3, eff. June 18, 2005.


	§ 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.

Added by Acts 1993, 73rd Leg., ch. 934, § 49, eff. Sept. 1, 1993.          


	§ 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 on-premise 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.

Added by Acts 1993, 73rd Leg., ch. 934, § 49, eff. Sept. 1, 1993.  
Amended by Acts 2005, 79th Leg., ch. 1291, § 4, eff. June 18, 
2005.