State Codes and Statutes

Statutes > Texas > Alcoholic-beverage-code > Title-3-licenses-and-permits > Chapter-55-manufacturer-s-agent-s-warehousing-permit

ALCOHOLIC BEVERAGE CODE

TITLE 3. LICENSES AND PERMITS

SUBTITLE A. PERMITS

CHAPTER 55. MANUFACTURER'S AGENT'S WAREHOUSING PERMIT

Sec. 55.01. AUTHORIZED ACTIVITIES. (a) The holder of a

manufacturer's agent's warehousing permit may:

(1) receive beer, ale, or malt liquor from the holder of a

nonresident brewer's permit or nonresident manufacturer's license

and store the alcoholic beverages on the permitted premises;

(2) ship, cause to be shipped, sell, and otherwise transfer the

beer, ale, or malt liquor to licensed or permitted distributors

and wholesalers in this state and to persons outside this state

who are qualified to receive the beer, ale, or malt liquor under

the regulatory laws of the state or other jurisdiction in which

the beer, ale, or malt liquor is received; and

(3) return beer, ale, or malt liquor to the manufacturer or

brewer from which it was originally received.

(b) The holder of a manufacturer's agent's warehousing permit

may ship only to wholesalers and distributors in this state who

have been issued a territorial designation by the actual

manufacturer or brewer of the brand or brands to be shipped.

This territorial designation for the sale of beer must be under

and a part of the agreement entered into between the actual

manufacturer of the brand and the distributor under Subchapters C

and D, Chapter 102. This chapter does not affect the requirement

that the actual manufacturer, and the agreement between the

actual manufacturer and the distributor, comply with Subchapters

C and D, Chapter 102.

(c) Beer, ale, or malt liquor received at premises permitted

under this chapter that is not labeled and approved for sale in

this state may be held and stored at the premises and may be

shipped from the premises if it is consigned and transported to

qualified persons in other states or jurisdictions where its sale

is legal.

(d) The provisions of this code related to the residency of an

applicant for a permit do not apply to a permit under this

chapter.

Added by Acts 2007, 80th Leg., R.S., Ch.

247, Sec. 1, eff. September 1, 2007.

Sec. 55.02. FEE. The commission by rule shall set the amount of

the annual state fee for a manufacturer's agent's warehousing

permit.

Added by Acts 2007, 80th Leg., R.S., Ch.

247, Sec. 1, eff. September 1, 2007.

Sec. 55.03. ELIGIBILITY FOR PERMIT. A manufacturer's agent's

warehousing permit may be issued to an entity:

(1) of which at least 50 percent of the ownership interests are

owned by another entity that:

(A) is located and chartered in the United Mexican States;

(B) has held a nonresident manufacturer's license, nonresident

brewer's permit, and a nonresident seller's permit for the two

years preceding the date of the application; and

(C) during each of those two years has shipped or caused to be

shipped into this state for ultimate sale to qualified

distributors and wholesalers in this state at least one-half

million barrels of beer, ale, or malt liquor of the various

brands manufactured or brewed by the entity; and

(2) whose employees, located in this state or elsewhere, hold

permits and licenses issued under Chapters 36 and 73 to perform

the activities authorized under those chapters on behalf of the

entity.

Added by Acts 2007, 80th Leg., R.S., Ch.

247, Sec. 1, eff. September 1, 2007.

Sec. 55.04. LOCATION OF PREMISES. The premises of a permit

holder under this chapter must be located in an area that is wet

for the sale of beer, ale, and malt liquor.

Added by Acts 2007, 80th Leg., R.S., Ch.

247, Sec. 1, eff. September 1, 2007.

Sec. 55.05. REPORTING REQUIREMENTS. The commission shall

require monthly reports from a permit holder under this chapter

showing the brands, types, sizes of containers, and quantities of

beer, ale, or malt liquor received at and shipped from the

premises to persons authorized to receive them. The reports must

conform in all respects to the requirements and forms prescribed

by the commission and contain any other information required by

the commission.

Added by Acts 2007, 80th Leg., R.S., Ch.

247, Sec. 1, eff. September 1, 2007.

State Codes and Statutes

Statutes > Texas > Alcoholic-beverage-code > Title-3-licenses-and-permits > Chapter-55-manufacturer-s-agent-s-warehousing-permit

ALCOHOLIC BEVERAGE CODE

TITLE 3. LICENSES AND PERMITS

SUBTITLE A. PERMITS

CHAPTER 55. MANUFACTURER'S AGENT'S WAREHOUSING PERMIT

Sec. 55.01. AUTHORIZED ACTIVITIES. (a) The holder of a

manufacturer's agent's warehousing permit may:

(1) receive beer, ale, or malt liquor from the holder of a

nonresident brewer's permit or nonresident manufacturer's license

and store the alcoholic beverages on the permitted premises;

(2) ship, cause to be shipped, sell, and otherwise transfer the

beer, ale, or malt liquor to licensed or permitted distributors

and wholesalers in this state and to persons outside this state

who are qualified to receive the beer, ale, or malt liquor under

the regulatory laws of the state or other jurisdiction in which

the beer, ale, or malt liquor is received; and

(3) return beer, ale, or malt liquor to the manufacturer or

brewer from which it was originally received.

(b) The holder of a manufacturer's agent's warehousing permit

may ship only to wholesalers and distributors in this state who

have been issued a territorial designation by the actual

manufacturer or brewer of the brand or brands to be shipped.

This territorial designation for the sale of beer must be under

and a part of the agreement entered into between the actual

manufacturer of the brand and the distributor under Subchapters C

and D, Chapter 102. This chapter does not affect the requirement

that the actual manufacturer, and the agreement between the

actual manufacturer and the distributor, comply with Subchapters

C and D, Chapter 102.

(c) Beer, ale, or malt liquor received at premises permitted

under this chapter that is not labeled and approved for sale in

this state may be held and stored at the premises and may be

shipped from the premises if it is consigned and transported to

qualified persons in other states or jurisdictions where its sale

is legal.

(d) The provisions of this code related to the residency of an

applicant for a permit do not apply to a permit under this

chapter.

Added by Acts 2007, 80th Leg., R.S., Ch.

247, Sec. 1, eff. September 1, 2007.

Sec. 55.02. FEE. The commission by rule shall set the amount of

the annual state fee for a manufacturer's agent's warehousing

permit.

Added by Acts 2007, 80th Leg., R.S., Ch.

247, Sec. 1, eff. September 1, 2007.

Sec. 55.03. ELIGIBILITY FOR PERMIT. A manufacturer's agent's

warehousing permit may be issued to an entity:

(1) of which at least 50 percent of the ownership interests are

owned by another entity that:

(A) is located and chartered in the United Mexican States;

(B) has held a nonresident manufacturer's license, nonresident

brewer's permit, and a nonresident seller's permit for the two

years preceding the date of the application; and

(C) during each of those two years has shipped or caused to be

shipped into this state for ultimate sale to qualified

distributors and wholesalers in this state at least one-half

million barrels of beer, ale, or malt liquor of the various

brands manufactured or brewed by the entity; and

(2) whose employees, located in this state or elsewhere, hold

permits and licenses issued under Chapters 36 and 73 to perform

the activities authorized under those chapters on behalf of the

entity.

Added by Acts 2007, 80th Leg., R.S., Ch.

247, Sec. 1, eff. September 1, 2007.

Sec. 55.04. LOCATION OF PREMISES. The premises of a permit

holder under this chapter must be located in an area that is wet

for the sale of beer, ale, and malt liquor.

Added by Acts 2007, 80th Leg., R.S., Ch.

247, Sec. 1, eff. September 1, 2007.

Sec. 55.05. REPORTING REQUIREMENTS. The commission shall

require monthly reports from a permit holder under this chapter

showing the brands, types, sizes of containers, and quantities of

beer, ale, or malt liquor received at and shipped from the

premises to persons authorized to receive them. The reports must

conform in all respects to the requirements and forms prescribed

by the commission and contain any other information required by

the commission.

Added by Acts 2007, 80th Leg., R.S., Ch.

247, Sec. 1, eff. September 1, 2007.


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State Codes and Statutes

Statutes > Texas > Alcoholic-beverage-code > Title-3-licenses-and-permits > Chapter-55-manufacturer-s-agent-s-warehousing-permit

ALCOHOLIC BEVERAGE CODE

TITLE 3. LICENSES AND PERMITS

SUBTITLE A. PERMITS

CHAPTER 55. MANUFACTURER'S AGENT'S WAREHOUSING PERMIT

Sec. 55.01. AUTHORIZED ACTIVITIES. (a) The holder of a

manufacturer's agent's warehousing permit may:

(1) receive beer, ale, or malt liquor from the holder of a

nonresident brewer's permit or nonresident manufacturer's license

and store the alcoholic beverages on the permitted premises;

(2) ship, cause to be shipped, sell, and otherwise transfer the

beer, ale, or malt liquor to licensed or permitted distributors

and wholesalers in this state and to persons outside this state

who are qualified to receive the beer, ale, or malt liquor under

the regulatory laws of the state or other jurisdiction in which

the beer, ale, or malt liquor is received; and

(3) return beer, ale, or malt liquor to the manufacturer or

brewer from which it was originally received.

(b) The holder of a manufacturer's agent's warehousing permit

may ship only to wholesalers and distributors in this state who

have been issued a territorial designation by the actual

manufacturer or brewer of the brand or brands to be shipped.

This territorial designation for the sale of beer must be under

and a part of the agreement entered into between the actual

manufacturer of the brand and the distributor under Subchapters C

and D, Chapter 102. This chapter does not affect the requirement

that the actual manufacturer, and the agreement between the

actual manufacturer and the distributor, comply with Subchapters

C and D, Chapter 102.

(c) Beer, ale, or malt liquor received at premises permitted

under this chapter that is not labeled and approved for sale in

this state may be held and stored at the premises and may be

shipped from the premises if it is consigned and transported to

qualified persons in other states or jurisdictions where its sale

is legal.

(d) The provisions of this code related to the residency of an

applicant for a permit do not apply to a permit under this

chapter.

Added by Acts 2007, 80th Leg., R.S., Ch.

247, Sec. 1, eff. September 1, 2007.

Sec. 55.02. FEE. The commission by rule shall set the amount of

the annual state fee for a manufacturer's agent's warehousing

permit.

Added by Acts 2007, 80th Leg., R.S., Ch.

247, Sec. 1, eff. September 1, 2007.

Sec. 55.03. ELIGIBILITY FOR PERMIT. A manufacturer's agent's

warehousing permit may be issued to an entity:

(1) of which at least 50 percent of the ownership interests are

owned by another entity that:

(A) is located and chartered in the United Mexican States;

(B) has held a nonresident manufacturer's license, nonresident

brewer's permit, and a nonresident seller's permit for the two

years preceding the date of the application; and

(C) during each of those two years has shipped or caused to be

shipped into this state for ultimate sale to qualified

distributors and wholesalers in this state at least one-half

million barrels of beer, ale, or malt liquor of the various

brands manufactured or brewed by the entity; and

(2) whose employees, located in this state or elsewhere, hold

permits and licenses issued under Chapters 36 and 73 to perform

the activities authorized under those chapters on behalf of the

entity.

Added by Acts 2007, 80th Leg., R.S., Ch.

247, Sec. 1, eff. September 1, 2007.

Sec. 55.04. LOCATION OF PREMISES. The premises of a permit

holder under this chapter must be located in an area that is wet

for the sale of beer, ale, and malt liquor.

Added by Acts 2007, 80th Leg., R.S., Ch.

247, Sec. 1, eff. September 1, 2007.

Sec. 55.05. REPORTING REQUIREMENTS. The commission shall

require monthly reports from a permit holder under this chapter

showing the brands, types, sizes of containers, and quantities of

beer, ale, or malt liquor received at and shipped from the

premises to persons authorized to receive them. The reports must

conform in all respects to the requirements and forms prescribed

by the commission and contain any other information required by

the commission.

Added by Acts 2007, 80th Leg., R.S., Ch.

247, Sec. 1, eff. September 1, 2007.


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