2005 Texas Alcoholic Beverage Code CHAPTER 73. AGENT\'S BEER LICENSE

ALCOHOLIC BEVERAGE CODE

CHAPTER 73. AGENT'S BEER LICENSE


	§ 73.01. AUTHORIZED ACTIVITIES.  Subject to the 
limitations imposed in Section 73.011 of this code or elsewhere in 
this code, the holder of an agent's beer license, acting as an 
employee or representative of a licensed manufacturer of beer 
located inside or outside the state or as an employee or 
representative of a licensed distributor, may:
		(1)  promote the sale of beer through methods such as 
solicitation, display, advertising, and personal contact with 
licensed retailers of beer and their agents, servants, and 
employees, and with consumers of beer;  and
		(2)  sell beer and offer it for sale.                                         

Acts 1977, 65th Leg., p. 488, ch. 194, § 1, eff. Sept. 1, 1977.  
Amended by Acts 1993, 73rd Leg., ch. 934, § 57, eff. Sept. 1, 
1993.


	§ 73.011. LIMITATIONS ON AUTHORITY OF AGENT'S BEER 
LICENSEE.  (a) A holder of an agent's beer license who is an 
employee or agent of a manufacturer's licensee or a nonresident 
manufacturer's licensee may not represent that the holder is the 
agent of or is acting on behalf of a licensed distributor.  An agent 
may not engage in conduct that is prohibited by Section 102.75 of 
this code or other provisions of this code.
	(b)  A holder of an agent's beer license may not make a 
representation, solicitation, or offer that this code or the rules 
of the commission prohibits the agent's employer from offering, 
making, or fulfilling.

Added by Acts 1993, 73rd Leg., ch. 934, § 58, eff. Sept. 1, 1993.          


	§ 73.02. FEE.  (a) The annual state fee for an agent's 
beer license is $10.
	(b)  The commission may not refund any part of the fee for any 
reason.       
	(c)  No manufacturer or distributor may pay the license fee 
for any person or reimburse any person for the payment of the fee.

Acts 1977, 65th Leg., p. 488, ch. 194, § 1, eff. Sept. 1, 1977.  
Amended by Acts 1983, 68th Leg., p. 1352, ch. 278, § 51, eff. 
Sept. 1, 1983.


	§ 73.03. LICENSE REQUIRED.  A person whose compensation 
is based mainly on the activities specified in Section 73.01 may not 
engage in those activities unless he holds an agent's beer license.

Acts 1977, 65th Leg., p. 488, ch. 194, § 1, eff. Sept. 1, 1977.            


	§ 73.04. QUALIFICATION FOR LICENSE.  The commission shall 
not issue an agent's beer license to a person unless it is shown to 
the satisfaction of the commission that the applicant is employed 
or has good prospects for employment as agent or representative of a 
manufacturer or distributor.

Acts 1977, 65th Leg., p. 488, ch. 194, § 1, eff. Sept. 1, 1977.            


	§ 73.05. GRACE PERIOD.  A person may engage in the 
activities specified in Section 73.01 for an initial grace period 
of five days during which he shall procure an agent's beer license 
from the commission.

Acts 1977, 65th Leg., p. 488, ch. 194, § 1, eff. Sept. 1, 1977.            


	§ 73.06. EMPLOYMENT OF UNLICENSED AGENT PROHIBITED.  No 
manufacturer or distributor may use or be the beneficiary of the 
services of any person to carry on the activities specified in 
Section 73.01 if he does not hold an agent's beer license and is not 
covered by the grace period provided by Section 73.05 of this code.

Acts 1977, 65th Leg., p. 488, ch. 194, § 1, eff. Sept. 1, 1977.            


	§ 73.07. EMPLOYMENT OF AGENT WHOSE LICENSE HAS BEEN 
SUSPENDED OR CANCELLED.  (a) No manufacturer or distributor may 
employ or continue to employ in any capacity a person whose agent's 
beer license has been suspended by the commission during the period 
of suspension.
	(b)  No manufacturer or distributor may employ or continue to 
employ in any capacity a person whose agent's beer license has been 
cancelled for cause by the commission within one year after the date 
of the cancellation.

Acts 1977, 65th Leg., p. 489, ch. 194, § 1, eff. Sept. 1, 1977.            


	§ 73.08. RULES.  The commission may promulgate reasonable 
rules defining the qualifications and regulating the conduct of 
holders of agent's beer licenses.

Acts 1977, 65th Leg., p. 489, ch. 194, § 1, eff. Sept. 1, 1977.            


	§ 73.09. APPLICATION FOR LICENSE.  (a) An application for 
an agent's beer license is filed with the commission or any 
designated employee of the commission.  The application must be on a 
form prescribed by the commission and include all information 
required by the commission.
	(b)  The commission, administrator, or a designated employee 
of the commission shall act on applications, and the county judge 
has no authority over the issuance or approval of agent's beer 
licenses.

Acts 1977, 65th Leg., p. 489, ch. 194, § 1, eff. Sept. 1, 1977.            


	§ 73.10. RENEWAL OF LICENSE.  An application for the 
renewal of an agent's beer license shall be made to the commission 
not more than 30 days before the license expires.  The commission 
shall prescribe forms for that purpose and shall prescribe what 
information is required in the application.

Acts 1977, 65th Leg., p. 489, ch. 194, § 1, eff. Sept. 1, 1977.            


	§ 73.11. SUSPENSION OR CANCELLATION OF LICENSE.  An 
agent's beer license may be suspended or cancelled by the 
commission for a violation of any rule or regulation of the 
commission or for any of the reasons a manufacturer's or 
distributor's license may be suspended or cancelled.  The same 
procedure applicable to the suspension or cancellation of a 
manufacturer's or distributor's license shall be followed in the 
suspension or cancellation of an agent's beer license.

Acts 1977, 65th Leg., p. 489, ch. 194, § 1, eff. Sept. 1, 1977.