2009 Texas Code
ALCOHOLIC BEVERAGE CODE
TITLE 3. LICENSES AND PERMITS
CHAPTER 73. AGENT'S BEER LICENSE  

ALCOHOLIC BEVERAGE CODE

TITLE 3. LICENSES AND PERMITS

SUBTITLE B. LICENSES

CHAPTER 73. AGENT'S BEER LICENSE

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

1977. Amended by Acts 1993, 73rd Leg., ch. 934, Sec. 57, eff.

Sept. 1, 1993.

Sec. 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, Sec. 58, eff. Sept. 1,

1993.

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

1977. Amended by Acts 1983, 68th Leg., p. 1352, ch. 278, Sec. 51,

eff. Sept. 1, 1983.

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

1977.

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

1977.

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

1977.

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

1977.

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

1977.

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

1977.

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

1977.

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

1977.

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

1977.