| (a) All wine sold or possessed with the intention to
sell at an event held in an area where the sale of that type of alcohol
has not been authorized by a local option election must comply with
the terms of §16.011 of the Alcoholic Beverage Code.
(b) A copy of the File and Use Notification form that
was filed with the commission, Nonprofit Entity Temporary Event Permit,
or Temporary Event Approval and diagram must be displayed in a conspicuous
place at the location of the event at all times during the event.
(c) The commission may deny authorization under this
subchapter if:
(1) the information required to be submitted is incomplete
or inaccurate;
(2) the person requesting the authorization does not
qualify for the authorization;
(3) the event does not qualify for the authorization;
or
(4) there is reason to believe that granting the authorization
will:
(A) result in a violation of the Alcoholic Beverage
Code or the rules of the commission; or
(B) be otherwise detrimental to the public.
(d) The grounds for denying a Nonprofit Entity Temporary
Event Permit or Temporary Event Approval shall be communicated in
writing to the applicant as soon as is reasonably practical.
(e) If an authorization under this subchapter is granted
in error, the commission may rescind the authorization at any time.
(f) No person authorized under this subchapter shall
use that authority to provide alcoholic beverages at any licensed
premises during any time that a permit or license for that location
is suspended.
(g) A Temporary Event Approval or Nonprofit Entity
Temporary Event Permit may be used to provide alcoholic beverages
for on-premises consumption at a location that has been designated
as the licensed premises in a pending application only if:
(1) the commission has received an application for
the proposed location and payment of all state fees and securities,
if applicable, have been submitted;
(2) there is no pending protest of the application;
(3) the commission has performed an initial review
for qualification; and
(4) there is no notice sign (60-day sign) pursuant
to Alcoholic Beverage Code §§11.391 or 61.381 posted at
the event location.
(h) The completion of a responsibilities course provided
by the commission may be required before a Temporary Event Approval
request is granted.
(i) The signage requirements for a Temporary Event
Approval are the same as those for a primary license or permit and
may include signs required by §§5.53, 11.042, and 61.111
of the Alcoholic Beverage Code and §31.4 of this title.
(j) All alcoholic beverages being transported shall
be accompanied by invoices.
(k) The holder of a primary license or permit may return
remaining alcoholic beverage products to the primary licensed location.
The holder of an event authorized under this subchapter may distribute
remaining product as authorized under Alcoholic Beverage Code §109.54.
(l) An applicant is not entitled to a refund or proration
of fees paid for authorization under this subchapter, including any
late filing fees.
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