| (a) This section relates to Alcoholic Beverage Code §§11.71,
12.01(a)(6), 13.04(c), 61.41(d) and 62.01(a)(5).
(b) A bond in the amount of $30,000 must be posted
with the commission by each applicant for or holder of a brewer's
license or nonresident brewer's license that:
(1) is a party to an alternating brewery proprietorship
or a contract brewing arrangement; and
(2) does not own a fee interest in a brewing facility,
whether domestic or foreign.
(c) A licensee or permittee who was not subject to
the bond requirements of subsection (b) or (c) of this section at
the time of application must post the required bond at the time it
becomes subject to those requirements.
(d) The licensee or permittee may, within 30 days of
the notice specified in §33.40(l)(1) of this title request a
hearing on the question of whether the criteria established by this
section for forfeiture of a bond have been satisfied. The hearing
shall be conducted in accordance with Chapter 2001 of the Government
Code.
(e) Release of Surety. A license or permit holder may
request release and return of the surety required by subsection (b)
or (c) of this section upon:
(1) expiration of the license or permit;
(2) voluntary cancellation of the license or permit;
(3) verification that the applicant or license or permit
holder has acquired fee interest in a brewing or manufacturing facility
(as appropriate in reference to subsections (b) and (c) of this section);
or
(4) verification that the license or permit holder
no longer is a party to an alternating brewery proprietorship or contract
brewing arrangement.
(f) The commission may seek forfeiture of a bond under
this section for a violation of any one or more of the terms of the
bond.
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