<<Prev Rule

Texas Administrative Code

Next Rule>>
TITLE 16ECONOMIC REGULATION
PART 3TEXAS ALCOHOLIC BEVERAGE COMMISSION
CHAPTER 41AUDITING
SUBCHAPTER BRECORDKEEPING & REPORTS
RULE §41.23Sale and Delivery of Malt Beverages to Retail Premises and Private Clubs

(a) Malt beverages intended to be delivered in sales transactions consummated at a licensed retailer's place of business or at a private club located in a wet area may be transported through dry areas in vehicles owned or leased and operated by one of these authorized sellers, who are authorized to sell to retailers or private clubs located in wet areas: the holder of a brewer's self-distribution license; the holder of any type of distributor license; or the holder of a brewpub license. The person directly in charge of the vehicle used in such transportation must possess a written statement furnished and signed by the authorized seller showing the quantity of malt beverages so delivered to such person, the origin thereof, and the fact that said malt beverage is intended for delivery only upon any sale that may be consummated by such person acting as agent for the authorized seller at the place of business of a licensed retail dealer or a private club located in a wet area.

(b) A person into whose charge malt beverages are delivered as provided in this section and who is delivering and obtaining payment for any such malt beverages at a licensed retailer's place of business or at a private club located in a wet area must at that time provide a sales invoice for such malt beverages that must be signed by the purchaser of the malt beverages. The invoice must show the purchaser, the quantity of each type of container sold, and the price. A copy of such invoice shall be furnished to the purchaser at the time of sale, and a copy of the signed sales invoice must be furnished to the authorized seller of such malt beverages within 24 hours from the time of its delivery.

(c) A person into whose charge malt beverages are delivered as provided in this section must possess the signed sales invoices required by subsection (b) of this section for any such malt beverage that is not in the person's possession. Records pertaining to any such shipment must be shown to any representative of the commission or any peace officer upon demand.


Source Note: The provisions of this §41.23 adopted to be effective June 6, 2022, 47 TexReg 3247

Link to Texas Secretary of State Home Page | link to Texas Register home page | link to Texas Administrative Code home page | link to Open Meetings home page