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RULE §33.73General Provisions

(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.

Source Note: The provisions of this §33.73 adopted to be effective September 1, 2021, 45 TexReg 8771; amended to be effective October 17, 2022, 47 TexReg 6872

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