| (a) Definitions. The following words and terms, when
used in this section, have the following meanings, unless the context
clearly indicates otherwise:
(1) Identification stamp--the identification stamp
referenced in §§28.15 and 32.20 of the Alcoholic Beverage
Code.
(2) Invoice--an instrument requesting payment for alcoholic
beverages issued by the seller of alcoholic beverages to a permittee.
(3) Mutilate--to scratch, cut, tear, or abrade in a
manner which inflicts obvious and substantial damage to the stamp
but does not totally remove or obliterate the stamp.
(4) Retail permittee--the holder of a mixed beverage
permit, a private club registration permit, or private club exemption
certificate permit.
(b) The holder of a local distributor's permit shall
keep any record required by any rule of the commission or by the Alcoholic
Beverage Code for a period of two years on the licensed premises and
shall make any such record available to a representative of the commission
upon request within a reasonable time.
(c) Identification stamps shall be affixed only by
the holder of a local distributor's permit to whom such stamps have
been issued by the commission. When affixing identification stamps,
the holder of a local distributor's permit shall affix each identification
stamp near the top of the brand label of the bottle of distilled spirits
in such a manner that some portion of the identification stamp covers
and is attached to some portion of the brand label but does not cover
any information on the brand label, unless the exception in subsection
(d) of this section applies. "Brand label" means the principal display
panel that is most likely to be displayed, presented, shown, or examined
under normal and customary conditions of display for retail sale.
(d) A licensee selling cases of distilled spirits containing
only multiple spirits containers each with a capacity of 375 mL or
less may stamp the case with one identification stamp prior to selling
the alcoholic beverages to a mixed beverage permittee, rather than
individually stamping each bottle in the case. The mixed beverage
permittee purchasing cases of distilled spirits subject to this section
shall retain for two years invoices showing the identification stamp
for each case purchased.
(e) Transaction records.
(1) Each holder of a local distributor's permit shall
prepare a record making an entry thereon on each date there occurs
any of the following transactions involving identification stamps
and showing the following:
(A) Quantity of identification stamps received.
(B) Quantity and serial numbers of identification stamps
affixed, and also showing the invoice date, invoice number, retailer
trade name, and retailer permit number.
(C) Quantity of identification stamps on hand after
each receipt or affixing of such stamps.
(D) When the holder of a local distributor's permit
affixes identification stamps prior to the sale of such stamped merchandise,
the permittee shall also record the date the merchandise is stamped
showing the number of stamps used per brand and size. Stamped merchandise
shall be stored separately from all other merchandise on hand. Stamps
issued from pre-stamped stock must be listed individually per invoice
line item on sales invoices prepared for retail sales.
(E) The serial number of each stamp issued, lost, stolen,
voided, destroyed, or issued as a replacement stamp must be recorded.
(2) Full title and ownership of all identification
stamps shall remain vested in the commission. Upon termination of
any local distributor's permit, all unaffixed identification stamps
on hand shall be surrendered to the commission along with distribution
records of stamps issued by the local distributor permittee.
(f) An invoice shall be issued in original and one
copy in consecutive numbered order, showing the date of the sale or
distribution, the name and permit number of the seller and the purchaser,
and the purchaser's complete address, the serial numbers of all identification
stamps affixed to the merchandise, the quantity, brand and class of
alcoholic beverages sold and the total price of each brand and class
shown thereon. Such invoices or a copy thereof shall be delivered
to the permittee and a copy of such invoices shall be kept by the
seller making same. The seller's copy of the invoice must be signed
by the purchaser.
(g) A local distributor may elect to maintain identification
stamp records required by subsection (e) of this section in an electronic
format using an automated stamp record system. If this election is
made, the automated system must provide the information required by
subsection (e) of this section, and the automated system must be inspected
and have prior approval from the Commission.
(h) The invalidation of identification stamps required
by §28.09 of the Alcoholic Beverage Code shall be done by mutilating
the stamp. The marking of a stamp with ink, dye, or other material
is not authorized as a method for invalidating the stamp.
(i) No retail permittee shall possess or permit any
person to possess on the permittee's licensed premises any distilled
spirits in any container bearing an identification stamp that has
been mutilated or otherwise damaged or marked to a substantial degree.
(j) No retail permittee shall possess or permit any
person to possess on the permittee's licensed premises any blank or
serially numbered TABC identification stamp that is not properly attached
to a distilled spirits container that has been properly invoiced to
the retail permittee by a local distributor.
(k) All provisions of §§28.08, 28.09, and
28.15 of the Alcoholic Beverage Code applicable to a mixed beverage
permittee apply to holders of private club registration permits and
private club exemption certificate permits.
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