2009 Texas Code
ALCOHOLIC BEVERAGE CODE
TITLE 3. LICENSES AND PERMITS
CHAPTER 12. BREWER'S PERMIT  

ALCOHOLIC BEVERAGE CODE

TITLE 3. LICENSES AND PERMITS

SUBTITLE A. PERMITS

CHAPTER 12. BREWER'S PERMIT

Sec. 12.01. AUTHORIZED ACTIVITIES. (a) 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;

(4) dispense ale and malt liquor for consumption on the

premises; and

(5) conduct samplings of ale or malt liquor, including tastings,

at a retailer's premises.

(b) An agent or employee of the holder of a brewer's permit may

open, touch, or pour ale or malt liquor, make a presentation, or

answer questions at a sampling event.

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

1977. Amended by Acts 1995, 74th Leg., ch. 812, Sec. 1, eff. Aug.

28, 1995.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1073, Sec. 1, eff. September 1, 2007.

Sec. 12.02. FEE. The annual state fee for a brewer's permit is

$1,500.

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

1977. Amended by Acts 1983, 68th Leg., p. 1342, ch. 278, Sec. 3,

eff. Sept. 1, 1983.

Sec. 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, Sec. 1, eff. Sept. 1,

1977.

Sec. 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, Sec. 1, eff. Sept. 1,

1977.

Sec. 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, Sec. 26, eff. Sept. 1,

1993.

Sec. 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, Sec. 2, eff. June 18, 2005.