When used in this chapter, the terms listed below shall have
the following meanings:
(1) Advertisement--Any statement provided by or at
the behest of a permittee promoting the purchase of a brand of alcoholic
beverage through the medium of: radio broadcast; television broadcast;
the internet; newspaper, periodicals, or other publications; any sign
or outdoor advertisement; or of any other printed or graphic matter,
including trade booklets, menus, and cards; if such advertisement
is in, or is calculated to include sale in, this state, or is disseminated
by mail or electronic mail. The term "advertisement" does not include:
any label affixed to any alcoholic beverage bottle; or any individual
covering, carton, or other container of the bottle, or any written,
printed, graphic, or other matter accompanying the bottle, which constitutes
a part of the labeling under this chapter; or any editorial or other
reading matter in any periodical newspaper, or other publication for
which no money or other valuable consideration is paid or promised,
directly or indirectly, by any permittee.
(2) Alcoholic beverage--Alcohol, or any beverage containing
more than one-half of one percent of alcohol by volume, which is capable
of use for beverage purposes, either alone or when diluted, including
distilled spirits, malt beverages, and wine, as defined herein.
(3) Applicant--A person who submits an application
with the commission to register an alcoholic beverage product.
(4) Bottler--Any person who places alcoholic beverages
in containers.
(5) Brand label--The label carrying, in the usual distinctive
design, the brand name of the alcoholic beverage.
(6) Brewpub--A holder of a brewpub license under Chapter
74 of the Alcoholic Beverage Code.
(7) Code--The Texas Alcoholic Beverage Code.
(8) COLA--A certificate of label approval issued by
the United States Alcohol and Tobacco Tax and Trade Bureau pursuant
to 27 CFR Ch. I, Subch. A, Part 13.
(9) Commission--The state agency, the Texas Alcoholic
Beverage Commission; this term is not intended to refer to the agency's
commissioners sitting as a deliberative body.
(10) Container--Any can, bottle, barrel, keg, cask,
tank car, or other closed receptacle, irrespective of size or of the
material from which made, for use for the sale of malt alcoholic beverages.
This provision does not in any way relax or modify §1.04(18)
of the Alcoholic Beverage Code.
(11) Distilled Spirits--Alcohol, spirits of wine, whiskey,
rum, brandy, gin, or any liquor produced in whole or in part by the
process of distillation, including all dilutions or mixtures of them,
and includes spirit coolers that may have an alcoholic content as
low as four percent alcohol by volume and that contain plain, sparkling,
or carbonated water and may also contain one or more natural or artificial
blending or flavoring ingredients.
(12) Malt beverage--a fermented beverage of any name
or description containing one-half of one percent or more of alcohol
by volume, brewed or produced from malt, in whole or in part, or from
any malt substitute.
(13) Person--A natural person or association of natural
persons, trustee, receiver, partnership, corporation, organization,
or the manager, agent, servant, or employee of any of them.
(14) Producer--A manufacturer of all classes of alcoholic
beverages and nonresident sellers that are the primary American source
of supply for purposes of §37.10 of the Code.
(15) TTB--The United States Alcohol and Tobacco Tax
and Trade Bureau or its successor agency.
(16) Sake--an alcoholic beverage made by fermenting
rice.
(17) Wine--A product obtained from the alcoholic fermentation
of juice of sound ripe grapes, fruits, berries, or honey, and includes
wine coolers and other alcoholic beverages made in the manner of wine,
including sparkling and carbonated wine, vermouth, cider, sake, and
perry.
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