| (a) This rule relates to Alcoholic Beverage Code, §§37.01(a)(2),
62.08, and 63.01.
(b) Members of the manufacturing tier transporting
alcoholic beverages into the state, or from point to point within
the state under the authority of Alcoholic Beverage Code §§37.01(a)(2),
62.08(a), or 63.01, may temporarily hold such alcoholic beverages
in a regional forwarding center, subject to the following conditions:
(1) A regional forwarding center is a facility wherein
alcoholic beverages may be held under the control of the manufacturing
tier member responsible for shipping the alcoholic beverages.
(2) The regional forwarding center may be operated
by a third party who acts as the agent of the manufacturing tier member
in arranging for interstate or intrastate shipments of alcoholic beverages
to licensees and permittees authorized to receive such beverages or
for shipment to locations outside the state.
(3) No member of the wholesale or retail tiers of the
alcoholic beverage industry may, directly or indirectly, hold any
interest in or right of operation of a regional forwarding center.
(4) No alcoholic beverages may be sold to a person
or entity from a regional forwarding center. For purposes of this
rule, a "sale" occurs when an order is taken and/or payment is made.
(5) No member of the retail tier may take delivery
of alcoholic beverages at a regional forwarding center.
(6) A regional forwarding center must be located in
an area that is wet for the type of alcoholic beverages held therein.
(7) A licensee or permittee, by using a regional forwarding
center under the authority of this rule, consents to inspection of
such facility by the commission, its agents or employees, or any peace
officer, to the same extent as consent is given for inspection of
licensed premises by §101.04 of the Alcoholic Beverage Code.
(c) Licensees and permittees using regional forwarding
centers under the authority of this rule shall maintain a record at
the regional forwarding center with information relating to specific
shipments entered into the record on the day the shipment is received
or sent. The record shall show the:
(1) invoice number for each receipt and transfer;
(2) date for each receipt and transfer;
(3) point of origin for each receipt;
(4) destination (name and address) for each transfer;
(5) type of alcoholic beverages and total gallons for
each receipt and transfer; and
(6) name of the carrier making delivery and transfer,
and its TABC license or permit number if one is required by the Alcoholic
Beverage Code.
(d) Licensees and permittees using regional forwarding
centers under the authority of this rule shall pay an annual fee to
the commission pursuant to §33.23 of this title.
(e) All records required by this section shall be kept
for at least two years.
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