State Codes and Statutes

Statutes > Texas > Alcoholic-beverage-code > Title-3-licenses-and-permits > Chapter-54-out-of-state-winery-direct-shipper-s-permit

ALCOHOLIC BEVERAGE CODE

TITLE 3. LICENSES AND PERMITS

SUBTITLE A. PERMITS

CHAPTER 54. OUT-OF-STATE WINERY DIRECT SHIPPER'S PERMIT

Sec. 54.01. AUTHORIZED ACTIVITIES. The holder of an

out-of-state winery direct shipper's permit may sell and deliver

wine that is produced or bottled by the permittee to an ultimate

consumer located in the State of Texas. Delivery must be by the

holder of a carrier permit.

Added by Acts 2005, 79th Leg., Ch.

36, Sec. 2, eff. May 9, 2005.

Sec. 54.02. PROHIBITED ACTIVITIES. The holder of an

out-of-state winery direct shipper's permit may not:

(1) sell or ship wine to a minor;

(2) deliver wine to a consumer using a carrier that does not

hold a carrier's permit under this code;

(3) deliver to the same consumer in this state more than nine

gallons of wine within any calendar month or more than 36 gallons

of wine within any 12-month period; or

(4) sell to ultimate consumers more than 35,000 gallons of wine

annually.

Added by Acts 2005, 79th Leg., Ch.

36, Sec. 2, eff. May 9, 2005.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

346, Sec. 2, eff. September 1, 2009.

Sec. 54.03. QUALIFICATIONS FOR PERMIT. An out-of-state winery

direct shipper's permit may only be issued to a person who:

(1) does not hold a winery permit in the State of Texas;

(2) operates a winery located in the United States and holds all

state and federal permits necessary to operate the winery,

including the federal winemaker's and blender's basic permit;

(3) holds a Texas sales tax permit;

(4) expressly submits to personal jurisdiction in Texas state

and federal courts and expressly submits to venue in Travis

County, Texas, as proper venue for any proceedings that may be

initiated by or against the commission; and

(5) does not directly or indirectly have any financial interest

in a Texas wholesaler or retailer as those terms are used in

Section 102.01.

Added by Acts 2005, 79th Leg., Ch.

36, Sec. 2, eff. May 9, 2005.

Sec. 54.04. PERMIT FEE. The annual state fee for an

out-of-state winery direct shipper's permit is $75.

Added by Acts 2005, 79th Leg., Ch.

36, Sec. 2, eff. May 9, 2005.

Sec. 54.05. IDENTIFICATION REQUIREMENTS. (a) All wine sold or

shipped by the holder of an out-of-state winery direct shipper's

permit must be in a package that is clearly and conspicuously

labeled showing that:

(1) the package contains wine; and

(2) the package may only be delivered to a person described in

Subsection (b).

(b) Wine sold or shipped by a holder of an out-of-state winery

direct shipper's permit may not be delivered to any person other

than:

(1) the person who purchased the wine;

(2) a recipient designated in advance by such purchaser; or

(3) a person at the delivery address who is age 21 or over.

(c) Wine may be delivered only to a person who is age 21 or over

after the person accepting the package:

(1) presents valid proof of identity and age; and

(2) personally signs a receipt acknowledging delivery of the

package.

Added by Acts 2005, 79th Leg., Ch.

36, Sec. 2, eff. May 9, 2005.

Sec. 54.06. REPORTS AND RECORDKEEPING. (a) The holder of an

out-of-state winery direct shipper's permit shall maintain

records of all sales and deliveries made under the permit.

(b) The holder of an out-of-state winery direct shipper's permit

shall maintain complete sales and delivery records for all sales

and deliveries made under the permit for at least five years from

the date of sale. These records shall be made available upon

request for inspection by the commission or any other appropriate

state agency.

(c) The commission shall establish rules requiring the holder of

an out-of-state winery direct shipper's permit to periodically

file reports providing the commission with such information as

the commission may determine is needed to more efficiently and

effectively enforce the state laws applicable to the permit

holder.

Added by Acts 2005, 79th Leg., Ch.

36, Sec. 2, eff. May 9, 2005.

Sec. 54.07. LIABILITY FOR AND PAYMENT OF TAXES. (a) Sales made

by the holder of an out-of-state winery direct shipper's permit

shall be deemed to have been made in the State of Texas for

delivery in the State of Texas.

(b) The holder of an out-of-state winery direct shipper's permit

shall be responsible for paying the following state taxes related

to sales and deliveries made under this chapter:

(1) excise taxes on the wine sold, payable at the same rate and

in the same manner as if the permittee were a Texas winery

located in Texas; and

(2) state sales and use taxes all payable at the same rate and

in the same manner as if the permittee were a Texas winery

located in Texas.

(c) An ultimate consumer who purchases wine from the holder of

an out-of-state winery direct shipper's permit under this chapter

shall be considered to be purchasing the wine from a Texas

permittee and shall not be charged the administrative fee for

personal imports set forth in Section 107.07.

Added by Acts 2005, 79th Leg., Ch.

36, Sec. 2, eff. May 9, 2005.

Sec. 54.08. RESALE PROHIBITED. A consumer purchasing wine from

the holder of an out-of-state winery direct shipper's permit may

not resell the wine, and any such wine that is resold is an

illicit beverage as defined in Section 1.04(4).

Added by Acts 2005, 79th Leg., Ch.

36, Sec. 2, eff. May 9, 2005.

Sec. 54.09. DELIVERY AREAS. Wine shipped under this chapter may

be delivered to persons located in a dry area.

Added by Acts 2005, 79th Leg., Ch.

36, Sec. 2, eff. May 9, 2005.

Sec. 54.10. WINE LABEL APPROVAL NOT REQUIRED. If the holder of

an out-of-state winery direct shipper's permit has satisfied all

federal label approval requirements for a particular brand of

wine, then no further label approval shall be required by the

commission.

Added by Acts 2005, 79th Leg., Ch.

36, Sec. 2, eff. May 9, 2005.

Sec. 54.11. RULES. The commission shall adopt rules and forms

necessary to implement this chapter.

Added by Acts 2005, 79th Leg., Ch.

36, Sec. 2, eff. May 9, 2005.

Sec. 54.12. PENALTY FOR SHIPPING WITHOUT A PERMIT. Any person

who does not hold an out-of-state winery direct shipper's permit

who sells and ships alcohol from outside of Texas to an ultimate

consumer in Texas commits on first offense a Class B misdemeanor,

on second offense a Class A misdemeanor, and on third offense a

state jail felony.

Added by Acts 2005, 79th Leg., Ch.

36, Sec. 2, eff. May 9, 2005.

State Codes and Statutes

Statutes > Texas > Alcoholic-beverage-code > Title-3-licenses-and-permits > Chapter-54-out-of-state-winery-direct-shipper-s-permit

ALCOHOLIC BEVERAGE CODE

TITLE 3. LICENSES AND PERMITS

SUBTITLE A. PERMITS

CHAPTER 54. OUT-OF-STATE WINERY DIRECT SHIPPER'S PERMIT

Sec. 54.01. AUTHORIZED ACTIVITIES. The holder of an

out-of-state winery direct shipper's permit may sell and deliver

wine that is produced or bottled by the permittee to an ultimate

consumer located in the State of Texas. Delivery must be by the

holder of a carrier permit.

Added by Acts 2005, 79th Leg., Ch.

36, Sec. 2, eff. May 9, 2005.

Sec. 54.02. PROHIBITED ACTIVITIES. The holder of an

out-of-state winery direct shipper's permit may not:

(1) sell or ship wine to a minor;

(2) deliver wine to a consumer using a carrier that does not

hold a carrier's permit under this code;

(3) deliver to the same consumer in this state more than nine

gallons of wine within any calendar month or more than 36 gallons

of wine within any 12-month period; or

(4) sell to ultimate consumers more than 35,000 gallons of wine

annually.

Added by Acts 2005, 79th Leg., Ch.

36, Sec. 2, eff. May 9, 2005.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

346, Sec. 2, eff. September 1, 2009.

Sec. 54.03. QUALIFICATIONS FOR PERMIT. An out-of-state winery

direct shipper's permit may only be issued to a person who:

(1) does not hold a winery permit in the State of Texas;

(2) operates a winery located in the United States and holds all

state and federal permits necessary to operate the winery,

including the federal winemaker's and blender's basic permit;

(3) holds a Texas sales tax permit;

(4) expressly submits to personal jurisdiction in Texas state

and federal courts and expressly submits to venue in Travis

County, Texas, as proper venue for any proceedings that may be

initiated by or against the commission; and

(5) does not directly or indirectly have any financial interest

in a Texas wholesaler or retailer as those terms are used in

Section 102.01.

Added by Acts 2005, 79th Leg., Ch.

36, Sec. 2, eff. May 9, 2005.

Sec. 54.04. PERMIT FEE. The annual state fee for an

out-of-state winery direct shipper's permit is $75.

Added by Acts 2005, 79th Leg., Ch.

36, Sec. 2, eff. May 9, 2005.

Sec. 54.05. IDENTIFICATION REQUIREMENTS. (a) All wine sold or

shipped by the holder of an out-of-state winery direct shipper's

permit must be in a package that is clearly and conspicuously

labeled showing that:

(1) the package contains wine; and

(2) the package may only be delivered to a person described in

Subsection (b).

(b) Wine sold or shipped by a holder of an out-of-state winery

direct shipper's permit may not be delivered to any person other

than:

(1) the person who purchased the wine;

(2) a recipient designated in advance by such purchaser; or

(3) a person at the delivery address who is age 21 or over.

(c) Wine may be delivered only to a person who is age 21 or over

after the person accepting the package:

(1) presents valid proof of identity and age; and

(2) personally signs a receipt acknowledging delivery of the

package.

Added by Acts 2005, 79th Leg., Ch.

36, Sec. 2, eff. May 9, 2005.

Sec. 54.06. REPORTS AND RECORDKEEPING. (a) The holder of an

out-of-state winery direct shipper's permit shall maintain

records of all sales and deliveries made under the permit.

(b) The holder of an out-of-state winery direct shipper's permit

shall maintain complete sales and delivery records for all sales

and deliveries made under the permit for at least five years from

the date of sale. These records shall be made available upon

request for inspection by the commission or any other appropriate

state agency.

(c) The commission shall establish rules requiring the holder of

an out-of-state winery direct shipper's permit to periodically

file reports providing the commission with such information as

the commission may determine is needed to more efficiently and

effectively enforce the state laws applicable to the permit

holder.

Added by Acts 2005, 79th Leg., Ch.

36, Sec. 2, eff. May 9, 2005.

Sec. 54.07. LIABILITY FOR AND PAYMENT OF TAXES. (a) Sales made

by the holder of an out-of-state winery direct shipper's permit

shall be deemed to have been made in the State of Texas for

delivery in the State of Texas.

(b) The holder of an out-of-state winery direct shipper's permit

shall be responsible for paying the following state taxes related

to sales and deliveries made under this chapter:

(1) excise taxes on the wine sold, payable at the same rate and

in the same manner as if the permittee were a Texas winery

located in Texas; and

(2) state sales and use taxes all payable at the same rate and

in the same manner as if the permittee were a Texas winery

located in Texas.

(c) An ultimate consumer who purchases wine from the holder of

an out-of-state winery direct shipper's permit under this chapter

shall be considered to be purchasing the wine from a Texas

permittee and shall not be charged the administrative fee for

personal imports set forth in Section 107.07.

Added by Acts 2005, 79th Leg., Ch.

36, Sec. 2, eff. May 9, 2005.

Sec. 54.08. RESALE PROHIBITED. A consumer purchasing wine from

the holder of an out-of-state winery direct shipper's permit may

not resell the wine, and any such wine that is resold is an

illicit beverage as defined in Section 1.04(4).

Added by Acts 2005, 79th Leg., Ch.

36, Sec. 2, eff. May 9, 2005.

Sec. 54.09. DELIVERY AREAS. Wine shipped under this chapter may

be delivered to persons located in a dry area.

Added by Acts 2005, 79th Leg., Ch.

36, Sec. 2, eff. May 9, 2005.

Sec. 54.10. WINE LABEL APPROVAL NOT REQUIRED. If the holder of

an out-of-state winery direct shipper's permit has satisfied all

federal label approval requirements for a particular brand of

wine, then no further label approval shall be required by the

commission.

Added by Acts 2005, 79th Leg., Ch.

36, Sec. 2, eff. May 9, 2005.

Sec. 54.11. RULES. The commission shall adopt rules and forms

necessary to implement this chapter.

Added by Acts 2005, 79th Leg., Ch.

36, Sec. 2, eff. May 9, 2005.

Sec. 54.12. PENALTY FOR SHIPPING WITHOUT A PERMIT. Any person

who does not hold an out-of-state winery direct shipper's permit

who sells and ships alcohol from outside of Texas to an ultimate

consumer in Texas commits on first offense a Class B misdemeanor,

on second offense a Class A misdemeanor, and on third offense a

state jail felony.

Added by Acts 2005, 79th Leg., Ch.

36, Sec. 2, eff. May 9, 2005.


State Codes and Statutes


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State Codes and Statutes

Statutes > Texas > Alcoholic-beverage-code > Title-3-licenses-and-permits > Chapter-54-out-of-state-winery-direct-shipper-s-permit

ALCOHOLIC BEVERAGE CODE

TITLE 3. LICENSES AND PERMITS

SUBTITLE A. PERMITS

CHAPTER 54. OUT-OF-STATE WINERY DIRECT SHIPPER'S PERMIT

Sec. 54.01. AUTHORIZED ACTIVITIES. The holder of an

out-of-state winery direct shipper's permit may sell and deliver

wine that is produced or bottled by the permittee to an ultimate

consumer located in the State of Texas. Delivery must be by the

holder of a carrier permit.

Added by Acts 2005, 79th Leg., Ch.

36, Sec. 2, eff. May 9, 2005.

Sec. 54.02. PROHIBITED ACTIVITIES. The holder of an

out-of-state winery direct shipper's permit may not:

(1) sell or ship wine to a minor;

(2) deliver wine to a consumer using a carrier that does not

hold a carrier's permit under this code;

(3) deliver to the same consumer in this state more than nine

gallons of wine within any calendar month or more than 36 gallons

of wine within any 12-month period; or

(4) sell to ultimate consumers more than 35,000 gallons of wine

annually.

Added by Acts 2005, 79th Leg., Ch.

36, Sec. 2, eff. May 9, 2005.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

346, Sec. 2, eff. September 1, 2009.

Sec. 54.03. QUALIFICATIONS FOR PERMIT. An out-of-state winery

direct shipper's permit may only be issued to a person who:

(1) does not hold a winery permit in the State of Texas;

(2) operates a winery located in the United States and holds all

state and federal permits necessary to operate the winery,

including the federal winemaker's and blender's basic permit;

(3) holds a Texas sales tax permit;

(4) expressly submits to personal jurisdiction in Texas state

and federal courts and expressly submits to venue in Travis

County, Texas, as proper venue for any proceedings that may be

initiated by or against the commission; and

(5) does not directly or indirectly have any financial interest

in a Texas wholesaler or retailer as those terms are used in

Section 102.01.

Added by Acts 2005, 79th Leg., Ch.

36, Sec. 2, eff. May 9, 2005.

Sec. 54.04. PERMIT FEE. The annual state fee for an

out-of-state winery direct shipper's permit is $75.

Added by Acts 2005, 79th Leg., Ch.

36, Sec. 2, eff. May 9, 2005.

Sec. 54.05. IDENTIFICATION REQUIREMENTS. (a) All wine sold or

shipped by the holder of an out-of-state winery direct shipper's

permit must be in a package that is clearly and conspicuously

labeled showing that:

(1) the package contains wine; and

(2) the package may only be delivered to a person described in

Subsection (b).

(b) Wine sold or shipped by a holder of an out-of-state winery

direct shipper's permit may not be delivered to any person other

than:

(1) the person who purchased the wine;

(2) a recipient designated in advance by such purchaser; or

(3) a person at the delivery address who is age 21 or over.

(c) Wine may be delivered only to a person who is age 21 or over

after the person accepting the package:

(1) presents valid proof of identity and age; and

(2) personally signs a receipt acknowledging delivery of the

package.

Added by Acts 2005, 79th Leg., Ch.

36, Sec. 2, eff. May 9, 2005.

Sec. 54.06. REPORTS AND RECORDKEEPING. (a) The holder of an

out-of-state winery direct shipper's permit shall maintain

records of all sales and deliveries made under the permit.

(b) The holder of an out-of-state winery direct shipper's permit

shall maintain complete sales and delivery records for all sales

and deliveries made under the permit for at least five years from

the date of sale. These records shall be made available upon

request for inspection by the commission or any other appropriate

state agency.

(c) The commission shall establish rules requiring the holder of

an out-of-state winery direct shipper's permit to periodically

file reports providing the commission with such information as

the commission may determine is needed to more efficiently and

effectively enforce the state laws applicable to the permit

holder.

Added by Acts 2005, 79th Leg., Ch.

36, Sec. 2, eff. May 9, 2005.

Sec. 54.07. LIABILITY FOR AND PAYMENT OF TAXES. (a) Sales made

by the holder of an out-of-state winery direct shipper's permit

shall be deemed to have been made in the State of Texas for

delivery in the State of Texas.

(b) The holder of an out-of-state winery direct shipper's permit

shall be responsible for paying the following state taxes related

to sales and deliveries made under this chapter:

(1) excise taxes on the wine sold, payable at the same rate and

in the same manner as if the permittee were a Texas winery

located in Texas; and

(2) state sales and use taxes all payable at the same rate and

in the same manner as if the permittee were a Texas winery

located in Texas.

(c) An ultimate consumer who purchases wine from the holder of

an out-of-state winery direct shipper's permit under this chapter

shall be considered to be purchasing the wine from a Texas

permittee and shall not be charged the administrative fee for

personal imports set forth in Section 107.07.

Added by Acts 2005, 79th Leg., Ch.

36, Sec. 2, eff. May 9, 2005.

Sec. 54.08. RESALE PROHIBITED. A consumer purchasing wine from

the holder of an out-of-state winery direct shipper's permit may

not resell the wine, and any such wine that is resold is an

illicit beverage as defined in Section 1.04(4).

Added by Acts 2005, 79th Leg., Ch.

36, Sec. 2, eff. May 9, 2005.

Sec. 54.09. DELIVERY AREAS. Wine shipped under this chapter may

be delivered to persons located in a dry area.

Added by Acts 2005, 79th Leg., Ch.

36, Sec. 2, eff. May 9, 2005.

Sec. 54.10. WINE LABEL APPROVAL NOT REQUIRED. If the holder of

an out-of-state winery direct shipper's permit has satisfied all

federal label approval requirements for a particular brand of

wine, then no further label approval shall be required by the

commission.

Added by Acts 2005, 79th Leg., Ch.

36, Sec. 2, eff. May 9, 2005.

Sec. 54.11. RULES. The commission shall adopt rules and forms

necessary to implement this chapter.

Added by Acts 2005, 79th Leg., Ch.

36, Sec. 2, eff. May 9, 2005.

Sec. 54.12. PENALTY FOR SHIPPING WITHOUT A PERMIT. Any person

who does not hold an out-of-state winery direct shipper's permit

who sells and ships alcohol from outside of Texas to an ultimate

consumer in Texas commits on first offense a Class B misdemeanor,

on second offense a Class A misdemeanor, and on third offense a

state jail felony.

Added by Acts 2005, 79th Leg., Ch.

36, Sec. 2, eff. May 9, 2005.


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