| (a) General.
(1) This section is enacted pursuant to Alcoholic Beverage
Code §§102.07(b), 102.07(d), 108.042 and 109.58.
(2) This section applies to buyers, sellers, and consumers
of liquor.
(b) Gifts to consumers. Holders of distiller's and
rectifier's, winery, nonresident seller's, and wholesaler's permits
may furnish gifts to consumers.
(1) The gifts shall be offered consistently with the
restrictions contained in Alcoholic Beverage Code §102.07(d).
(2) The items given may be novelty items of limited
value. Such items shall be designed to promote a specific product
or brand and may have a utilitarian function in addition to product
promotion.
(3) Liquor may be purchased for consumers provided
that such beverages are consumed on retail licensed premises in the
presence of the purchaser. Such purchases shall not be excessive.
All members of the manufacturing and wholesaler tiers participating
in promotions authorized by this paragraph must be an employee or
agent of a member of the manufacturing tier, a distributor, or a promotional
permit holder.
(4) Holders of distiller's and rectifier's, winery,
nonresident seller's, and wholesaler's permits may, as a social courtesy,
provide liquor or other things of value to unlicensed persons who
are not employed or affiliated with the holder of a retail license
or permit.
(c) Gifts to Retailers. Holders of distiller's and
rectifier's, winery, nonresident seller's and wholesaler's permits
may furnish advertising specialties to retailers.
(1) Advertising specialties are things designed to
advertise or promote a specific product or brand. Such items may have
a utilitarian function in addition to product promotion.
(2) The total cost of all advertising specialties furnished
to a retailer shall not exceed the amount set by order of the executive
director in accordance with Alcoholic Beverage Code §102.07(b)
per brand per calendar year. The executive director's order shall
be published in the Texas Register and
on the commission's website. Dollar limitations may not be pooled
to provide a retailer with advertising specialties in excess of the
maximum permitted under this subsection.
(d) Signs provided to retailers.
(1) Wholesalers may furnish, give or sell interior
signs to retailers.
(2) A sign is a thing whose primary purpose is the
advertisement of a brand or product or the price thereof.
(3) A sign furnished by a wholesaler may not bear the
name, logo or trademark of a specific retailer.
(4) No wholesaler may paint, improve, or remodel a
retailer's buildings or parts of buildings, inside or out, or finance
any improvements thereto.
(e) Service provided to retailer.
(1) Holders of distiller's and rectifier's, winery,
nonresident seller's and wholesaler's permits may service and repair
items furnished to retailers under the provisions of this rule.
(2) Holders of distiller's and rectifier's, winery,
nonresident seller's and wholesaler's permits may furnish meeting
rooms to retailers for purposes of product promotions. In no event
shall anything be furnished to retailers except samples of the permit
holder's product or food provided as a courtesy in accompaniment to
such samples.
(3) The holder of a wholesaler's permit, or the permit
holder's employee or agent, may furnish and install shanks, washers,
hose and hose connections, tap rods, tap markers, and coil cleaning
service necessary for the proper delivery and dispensing of wine.
(f) Gifts to Unlicensed Organizations. Holders of distiller's
and rectifier's, winery, nonresident seller's and wholesaler's permits
may donate money, liquor or other things of value to unlicensed civic,
religious, or charitable organizations.
(1) Liquor may only be given for consumption in wet
areas.
(2) Advertising of events sponsored by organizations
receiving donations shall include promotion of the organization sponsor
or cause in a manner at least equal to or greater than the advertising
of the industry donor.
(3) "Unlicensed" means not having a permit or license
authorizing the sale or service of alcoholic beverages.
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| Source Note: The provisions of this §45.117 adopted to be effective January 2, 1998, 22 TexReg 12755; amended to be effective September 17, 1998, 23 TexReg 9340; amended to be effective January 2, 2000, 24 TexReg 11745; amended to be effective October 24, 2004, 29 TexReg 9674; amended to be effective August 21, 2011, 36 TexReg 5212; amended to be effective September 1, 2021, 46 TexReg 5182; amended to be effective October 17, 2022, 47 TexReg 6873; amended to be effective February 12, 2024, 49 TexReg 659 |
