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RULE §33.78Nonprofit Entity Temporary Events

(a) A Nonprofit Entity Temporary Event Permit shall only be issued to a nonprofit entity as defined by Alcoholic Beverage Code §30.01.

(b) An application for a Nonprofit Entity Temporary Event Permit shall be made on forms provided by the commission and shall be signed and sworn to by the applicant.

(c) The requestor shall e-mail the completed Nonprofit Entity Temporary Event Permit application forms to the Events email address for the TABC Region in which the event will be held.

(d) The applicant shall remit payment of fees at the time the application is filed. The fee for a Nonprofit Entity Temporary Event Permit is $50 per day.

(e) In addition to the application forms, other documents related to the event that may be required include a letter from the property owner, sponsorship agreements, promoter agreements, concession agreements, management agreements, diagrams, site maps, local governmental authorization, and any other documents needed to determine qualification under the Alcoholic Beverage Code.

(f) If the event is approved, the commission shall issue to the applicant a Nonprofit Entity Temporary Event Permit showing on its face the effective dates of the permit.

(g) Permit holders may sell any alcoholic beverage authorized by law to be sold where the event is to be held.

(h) Permit holders must purchase distilled spirits for Nonprofit Entity Temporary Events from a local distributor permit holder.

(i) A nonprofit entity is not limited in the number of events it may hold under this section in a calendar year, except for certain events in dry areas as provided by Alcoholic Beverage Code §30.09.

(j) Events in dry counties must comply with Alcoholic Beverage Code §30.09.

(k) Auction-only Events.

  (1) Subsections (d) - (h) of this section do not apply to a Nonprofit Temporary Event at which alcoholic beverages are auctioned but not otherwise sold or served to a consumer.

  (2) Events under this subsection do not require prior approval and are not subject to late fees.

  (3) The holder of a Nonprofit Entity Temporary Event Permit may conduct an auction on the licensed premises of another only if:

    (A) all alcohol auctioned is stored separately from other alcohol stored, sold, or served by the permittee; and

    (B) all alcohol auctioned, whether sold or unsold, is removed from the licensed premises immediately following the event.

Source Note: The provisions of this §33.78 adopted to be effective September 1, 2021, 45 TexReg 8771; amended to be effective December 6, 2021, 46 TexReg 8242; amended to be effective October 17, 2022, 47 TexReg 6872

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