(a) This section is promulgated pursuant to Alcoholic
Beverage Code §§102.07 and 108.03.
(b) Advertising of an alcoholic beverage on caps, regalia,
or uniforms worn by an employee of a license or permit holder in the
manufacturing or distribution tier is limited to:
(1) the name and address of the license or permit holder;
and
(2) the brand names, logos, and slogans that appear
on the container labels approved by the executive director for such
alcoholic beverage.
(c) Advertising of an alcoholic beverage on caps, regalia,
or uniforms worn by a participant in any game, sport, athletic contest
or revue, when the participant is sponsored by a brewer, distributor,
distiller, or winery, is limited to:
(1) the name and address of the brewer, distributor,
distiller, or winery; and
(2) the brand names, logos, and slogans that appear
on the container labels approved by the executive director for such
alcoholic beverage.
(d) Business cards and stationery bearing brand insignia
may be used by licensees and permittees except retail licensees and
permittees. Such business cards and stationery may contain:
(1) the name and address of the user;
(2) the name and address of the firm represented;
(3) the brand insignia of any alcoholic beverage that
the firm represents or the user is licensed to sell; and
(4) any other logo, slogan, or trademark that appears
on the approved label for such alcoholic beverage, or which slogan
or trademark has otherwise been approved by the executive director.
(e) Advertising of alcoholic beverages on the equipment
or service or delivery vehicles of a member of the manufacturing or
wholesale tiers is limited to the brand names or logos of the alcoholic
beverages sold or represented by the manufacturer, local distributor,
or wholesaler; firm names and addresses of the manufacturer, local
distributor, or wholesaler; and slogans approved by the executive
director.
(f) Menu cards, folders, or sheets advertising malt
beverages may be sold to a holder of a retail license or permit by
a brewer or brewpub authorized to sell directly to retailers or by
a distributor as promotional items in accordance with limitations
set forth in §45.113(c) of this subchapter (relating to Gifts,
Services and Sales). The holder of the retail license or permit shall
bear all costs of listing any food item on the menu cards, folders,
or sheets unless the food item is mentioned as part of a recommended
food and drink pairing.
(g) Menu cards, folders, or sheets advertising wine
or distilled spirits may be furnished, as an advertising specialty,
to a holder of a retail license or permit by a member of the manufacturing
or wholesale tier. Printing costs of such menu cards, folders, or
sheets may not exceed the applicable advertising specialty limitations
set forth in §45.117 of this subchapter (relating to Gifts and
Advertising Specialties). The holder of the retail license or permit
shall bear all costs of listing any food item on the menu cards, folders,
or sheets unless the food item is mentioned as part of a recommended
food and drink pairing.
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Source Note: The provisions of this §45.112 adopted to be effective January 1, 1976; amended to be effective September 18, 1978, 3 TexReg 3096; amended to be effective August 1, 1994, 19 TexReg 5630; amended to be effective August 16, 1999, 24 TexReg 6289; amended to be effective November 18, 2010, 35 TexReg 10047; amended to be effective February 14, 2022, 47 TexReg 647 |