State Codes and Statutes
Statutes > Texas > Alcoholic-beverage-code > Title-3-licenses-and-permits > Chapter-74-brewpub-license
ALCOHOLIC BEVERAGE CODE
TITLE 3. LICENSES AND PERMITS
SUBTITLE B. LICENSES
CHAPTER 74. BREWPUB LICENSE
Sec. 74.01. AUTHORIZED ACTIVITIES. (a) A holder of a brewpub
license for a brewpub located in a wet area, as that term is
described by Section 251.71 of this code, may:
(1) manufacture, brew, bottle, can, package, and label malt
liquor, ale, and beer;
(2) sell or offer without charge, on the premises of the
brewpub, to ultimate consumers for consumption on or off those
premises, malt liquor, ale, or beer produced by the holder, in or
from a lawful container, to the extent the sales or offers are
allowed under the holder's other permits or licenses; and
(3) sell food on the premises of the holder's breweries.
(b) The holder of a brewpub license may establish, operate, or
maintain one or more licensed brewpubs in this state under the
same general management or ownership. The holder shall pay the
fee assessed by the commission for each establishment. For the
purposes of this subsection, two or more establishments are under
the same general management or ownership if:
(1) the establishments bottle the same brand of malt liquor,
beer, or ale or bottle malt liquor, beer, or ale brewed by the
same manufacturer; or
(2) the person, regardless of domicile, who establishes,
operates, or maintains the establishments is controlled or
directed by one management or by an association of ultimate
management.
(c) A holder of a brewpub license must also hold a wine and beer
retailer's permit, a mixed beverage permit, or a retail dealer's
on-premise license.
(d) The holder of a brewpub license may not hold or have an
interest either directly or indirectly, or through a subsidiary,
affiliate, agent, employee, officer, director, or other person,
in a manufacturer's or distributor's license or any other license
or permit in the manufacturing or wholesaling levels of the
alcoholic beverage industry regardless of the specific names
given to permits or licenses in Title 3 of this code. The holder
shall be considered a "retailer" for purposes of Section 102.01
of this code.
(e) A holder of a retail dealer's on-premise license who obtains
a brewpub license may not manufacture, brew, bottle, can,
package, label, sell, or offer without charge malt liquor or ale.
(f) A holder of a brewpub license may not sell an alcoholic
beverage for resale.
(g) The holder of a brewpub license may deliver malt liquor,
ale, or beer manufactured by the holder to a location other than
the holder's premises for the purpose of submitting the malt
liquor, ale, or beer for an evaluation at an organized malt
liquor, ale, or beer tasting, competition, or review. At a
tasting, competition, or review, a holder of a brewpub license
may:
(1) dispense without charge malt liquor, ale, or beer
manufactured by the holder to a person attending the event for
consumption on the premises of the event; and
(2) discuss with a person attending the event the manufacturing
and characteristics of the malt liquor, ale, or beer.
Added by Acts 1993, 73rd Leg., ch. 478, Sec. 1, eff. Aug. 30,
1993; Acts 1993, 73rd Leg., ch. 934, Sec. 59, eff. Sept. 1, 1993.
Amended by Acts 1995, 74th Leg., ch. 387, Sec. 1, eff. Aug. 28,
1995.
Sec. 74.02. FEE. The annual state fee for a brewpub license is
$500.
Added by Acts 1993, 73rd Leg., ch. 478, Sec. 1, eff. Aug. 30,
1993; Acts 1993, 73rd Leg., ch. 934, Sec. 59, eff. Sept. 1, 1993.
Sec. 74.03. PRODUCTION LIMIT. The total annual production of
malt liquor, ale, and beer by a holder of a brewpub license may
not exceed 5,000 barrels for each licensed brewpub established,
operated, or maintained by the holder in this state.
Added by Acts 1993, 73rd Leg., ch. 478, Sec. 1, eff. Aug. 30,
1993; Acts 1993, 73rd Leg., ch. 934, Sec. 59, eff. Sept. 1, 1993.
Sec. 74.04. LICENSE APPLICATION, RENEWAL, AND MAINTENANCE;
RECORDS; LICENSE ISSUANCE. All provisions of this code that
apply to a brewpub licensee's wine and beer retailer's permit,
mixed beverage permit, or retail dealer's on-premise license also
apply to the brewpub license.
Added by Acts 1993, 73rd Leg., ch. 478, Sec. 1, eff. Aug. 30,
1993; Acts 1993, 73rd Leg., ch. 934, Sec. 59, eff. Sept. 1, 1993.
Sec. 74.05. STATEMENT OF INTENT. An applicant for a brewpub
license shall file with the application a sworn statement that
the applicant shall be engaged in the business of brewing and
packaging malt liquor, ale, or beer in this state in quantities
sufficient to operate a brewpub not later than six months after
the date of issuance of the original license. If the applicant is
a corporation, the statement must be signed by a principal
corporate officer. A county judge may not issue a brewpub license
to an applicant who does not submit the required sworn statement
with the application for a license.
Added by Acts 1993, 73rd Leg., ch. 478, Sec. 1, eff. Aug. 30,
1993; Acts 1993, 73rd Leg., ch. 934, Sec. 59, eff. Sept. 1, 1993.
Sec. 74.06. QUALITY STANDARDS. Manufacturing or brewing
equipment used by a holder of a brewpub license, and process,
labeling, and packaging conducted by a holder of a brewpub
license, shall conform to standards and tax requirements imposed
by this code and the commission's rules for the manufacture of
beer and the brewing of ale and malt liquor and shall conform to
any standards that may be applied by the agency of the United
States charged with supervising and inspecting the manufacture
and brewing of alcoholic beverages.
Added by Acts 1993, 73rd Leg., ch. 478, Sec. 1, eff. Aug. 30,
1993; Acts 1993, 73rd Leg., ch. 934, Sec. 59, eff. Sept. 1, 1993.
Sec. 74.07. CONTAINER SIZE. In addition to any other container
for beer, ale, or malt liquor authorized elsewhere in this code,
a holder of a brewpub license may store or serve to consumers
beer, ale, or malt liquor manufactured by the holder of the
license at the premises of the brewpub license from any container
having the capacity of one barrel or whole multiples of one
barrel.
Added by Acts 1993, 73rd Leg., ch. 478, Sec. 1, eff. Aug. 30,
1993; Acts 1993, 73rd Leg., ch. 934, Sec. 59, eff. Sept. 1, 1993.
State Codes and Statutes
Statutes > Texas > Alcoholic-beverage-code > Title-3-licenses-and-permits > Chapter-74-brewpub-license
ALCOHOLIC BEVERAGE CODE
TITLE 3. LICENSES AND PERMITS
SUBTITLE B. LICENSES
CHAPTER 74. BREWPUB LICENSE
Sec. 74.01. AUTHORIZED ACTIVITIES. (a) A holder of a brewpub
license for a brewpub located in a wet area, as that term is
described by Section 251.71 of this code, may:
(1) manufacture, brew, bottle, can, package, and label malt
liquor, ale, and beer;
(2) sell or offer without charge, on the premises of the
brewpub, to ultimate consumers for consumption on or off those
premises, malt liquor, ale, or beer produced by the holder, in or
from a lawful container, to the extent the sales or offers are
allowed under the holder's other permits or licenses; and
(3) sell food on the premises of the holder's breweries.
(b) The holder of a brewpub license may establish, operate, or
maintain one or more licensed brewpubs in this state under the
same general management or ownership. The holder shall pay the
fee assessed by the commission for each establishment. For the
purposes of this subsection, two or more establishments are under
the same general management or ownership if:
(1) the establishments bottle the same brand of malt liquor,
beer, or ale or bottle malt liquor, beer, or ale brewed by the
same manufacturer; or
(2) the person, regardless of domicile, who establishes,
operates, or maintains the establishments is controlled or
directed by one management or by an association of ultimate
management.
(c) A holder of a brewpub license must also hold a wine and beer
retailer's permit, a mixed beverage permit, or a retail dealer's
on-premise license.
(d) The holder of a brewpub license may not hold or have an
interest either directly or indirectly, or through a subsidiary,
affiliate, agent, employee, officer, director, or other person,
in a manufacturer's or distributor's license or any other license
or permit in the manufacturing or wholesaling levels of the
alcoholic beverage industry regardless of the specific names
given to permits or licenses in Title 3 of this code. The holder
shall be considered a "retailer" for purposes of Section 102.01
of this code.
(e) A holder of a retail dealer's on-premise license who obtains
a brewpub license may not manufacture, brew, bottle, can,
package, label, sell, or offer without charge malt liquor or ale.
(f) A holder of a brewpub license may not sell an alcoholic
beverage for resale.
(g) The holder of a brewpub license may deliver malt liquor,
ale, or beer manufactured by the holder to a location other than
the holder's premises for the purpose of submitting the malt
liquor, ale, or beer for an evaluation at an organized malt
liquor, ale, or beer tasting, competition, or review. At a
tasting, competition, or review, a holder of a brewpub license
may:
(1) dispense without charge malt liquor, ale, or beer
manufactured by the holder to a person attending the event for
consumption on the premises of the event; and
(2) discuss with a person attending the event the manufacturing
and characteristics of the malt liquor, ale, or beer.
Added by Acts 1993, 73rd Leg., ch. 478, Sec. 1, eff. Aug. 30,
1993; Acts 1993, 73rd Leg., ch. 934, Sec. 59, eff. Sept. 1, 1993.
Amended by Acts 1995, 74th Leg., ch. 387, Sec. 1, eff. Aug. 28,
1995.
Sec. 74.02. FEE. The annual state fee for a brewpub license is
$500.
Added by Acts 1993, 73rd Leg., ch. 478, Sec. 1, eff. Aug. 30,
1993; Acts 1993, 73rd Leg., ch. 934, Sec. 59, eff. Sept. 1, 1993.
Sec. 74.03. PRODUCTION LIMIT. The total annual production of
malt liquor, ale, and beer by a holder of a brewpub license may
not exceed 5,000 barrels for each licensed brewpub established,
operated, or maintained by the holder in this state.
Added by Acts 1993, 73rd Leg., ch. 478, Sec. 1, eff. Aug. 30,
1993; Acts 1993, 73rd Leg., ch. 934, Sec. 59, eff. Sept. 1, 1993.
Sec. 74.04. LICENSE APPLICATION, RENEWAL, AND MAINTENANCE;
RECORDS; LICENSE ISSUANCE. All provisions of this code that
apply to a brewpub licensee's wine and beer retailer's permit,
mixed beverage permit, or retail dealer's on-premise license also
apply to the brewpub license.
Added by Acts 1993, 73rd Leg., ch. 478, Sec. 1, eff. Aug. 30,
1993; Acts 1993, 73rd Leg., ch. 934, Sec. 59, eff. Sept. 1, 1993.
Sec. 74.05. STATEMENT OF INTENT. An applicant for a brewpub
license shall file with the application a sworn statement that
the applicant shall be engaged in the business of brewing and
packaging malt liquor, ale, or beer in this state in quantities
sufficient to operate a brewpub not later than six months after
the date of issuance of the original license. If the applicant is
a corporation, the statement must be signed by a principal
corporate officer. A county judge may not issue a brewpub license
to an applicant who does not submit the required sworn statement
with the application for a license.
Added by Acts 1993, 73rd Leg., ch. 478, Sec. 1, eff. Aug. 30,
1993; Acts 1993, 73rd Leg., ch. 934, Sec. 59, eff. Sept. 1, 1993.
Sec. 74.06. QUALITY STANDARDS. Manufacturing or brewing
equipment used by a holder of a brewpub license, and process,
labeling, and packaging conducted by a holder of a brewpub
license, shall conform to standards and tax requirements imposed
by this code and the commission's rules for the manufacture of
beer and the brewing of ale and malt liquor and shall conform to
any standards that may be applied by the agency of the United
States charged with supervising and inspecting the manufacture
and brewing of alcoholic beverages.
Added by Acts 1993, 73rd Leg., ch. 478, Sec. 1, eff. Aug. 30,
1993; Acts 1993, 73rd Leg., ch. 934, Sec. 59, eff. Sept. 1, 1993.
Sec. 74.07. CONTAINER SIZE. In addition to any other container
for beer, ale, or malt liquor authorized elsewhere in this code,
a holder of a brewpub license may store or serve to consumers
beer, ale, or malt liquor manufactured by the holder of the
license at the premises of the brewpub license from any container
having the capacity of one barrel or whole multiples of one
barrel.
Added by Acts 1993, 73rd Leg., ch. 478, Sec. 1, eff. Aug. 30,
1993; Acts 1993, 73rd Leg., ch. 934, Sec. 59, eff. Sept. 1, 1993.
State Codes and Statutes
Statutes >
Texas >
Alcoholic-beverage-code >
Title-3-licenses-and-permits >
Chapter-74-brewpub-license ALCOHOLIC BEVERAGE CODE
TITLE 3. LICENSES AND PERMITS
SUBTITLE B. LICENSES
CHAPTER 74. BREWPUB LICENSE
Sec. 74.01. AUTHORIZED ACTIVITIES. (a) A holder of a brewpub
license for a brewpub located in a wet area, as that term is
described by Section 251.71 of this code, may:
(1) manufacture, brew, bottle, can, package, and label malt
liquor, ale, and beer;
(2) sell or offer without charge, on the premises of the
brewpub, to ultimate consumers for consumption on or off those
premises, malt liquor, ale, or beer produced by the holder, in or
from a lawful container, to the extent the sales or offers are
allowed under the holder's other permits or licenses; and
(3) sell food on the premises of the holder's breweries.
(b) The holder of a brewpub license may establish, operate, or
maintain one or more licensed brewpubs in this state under the
same general management or ownership. The holder shall pay the
fee assessed by the commission for each establishment. For the
purposes of this subsection, two or more establishments are under
the same general management or ownership if:
(1) the establishments bottle the same brand of malt liquor,
beer, or ale or bottle malt liquor, beer, or ale brewed by the
same manufacturer; or
(2) the person, regardless of domicile, who establishes,
operates, or maintains the establishments is controlled or
directed by one management or by an association of ultimate
management.
(c) A holder of a brewpub license must also hold a wine and beer
retailer's permit, a mixed beverage permit, or a retail dealer's
on-premise license.
(d) The holder of a brewpub license may not hold or have an
interest either directly or indirectly, or through a subsidiary,
affiliate, agent, employee, officer, director, or other person,
in a manufacturer's or distributor's license or any other license
or permit in the manufacturing or wholesaling levels of the
alcoholic beverage industry regardless of the specific names
given to permits or licenses in Title 3 of this code. The holder
shall be considered a "retailer" for purposes of Section 102.01
of this code.
(e) A holder of a retail dealer's on-premise license who obtains
a brewpub license may not manufacture, brew, bottle, can,
package, label, sell, or offer without charge malt liquor or ale.
(f) A holder of a brewpub license may not sell an alcoholic
beverage for resale.
(g) The holder of a brewpub license may deliver malt liquor,
ale, or beer manufactured by the holder to a location other than
the holder's premises for the purpose of submitting the malt
liquor, ale, or beer for an evaluation at an organized malt
liquor, ale, or beer tasting, competition, or review. At a
tasting, competition, or review, a holder of a brewpub license
may:
(1) dispense without charge malt liquor, ale, or beer
manufactured by the holder to a person attending the event for
consumption on the premises of the event; and
(2) discuss with a person attending the event the manufacturing
and characteristics of the malt liquor, ale, or beer.
Added by Acts 1993, 73rd Leg., ch. 478, Sec. 1, eff. Aug. 30,
1993; Acts 1993, 73rd Leg., ch. 934, Sec. 59, eff. Sept. 1, 1993.
Amended by Acts 1995, 74th Leg., ch. 387, Sec. 1, eff. Aug. 28,
1995.
Sec. 74.02. FEE. The annual state fee for a brewpub license is
$500.
Added by Acts 1993, 73rd Leg., ch. 478, Sec. 1, eff. Aug. 30,
1993; Acts 1993, 73rd Leg., ch. 934, Sec. 59, eff. Sept. 1, 1993.
Sec. 74.03. PRODUCTION LIMIT. The total annual production of
malt liquor, ale, and beer by a holder of a brewpub license may
not exceed 5,000 barrels for each licensed brewpub established,
operated, or maintained by the holder in this state.
Added by Acts 1993, 73rd Leg., ch. 478, Sec. 1, eff. Aug. 30,
1993; Acts 1993, 73rd Leg., ch. 934, Sec. 59, eff. Sept. 1, 1993.
Sec. 74.04. LICENSE APPLICATION, RENEWAL, AND MAINTENANCE;
RECORDS; LICENSE ISSUANCE. All provisions of this code that
apply to a brewpub licensee's wine and beer retailer's permit,
mixed beverage permit, or retail dealer's on-premise license also
apply to the brewpub license.
Added by Acts 1993, 73rd Leg., ch. 478, Sec. 1, eff. Aug. 30,
1993; Acts 1993, 73rd Leg., ch. 934, Sec. 59, eff. Sept. 1, 1993.
Sec. 74.05. STATEMENT OF INTENT. An applicant for a brewpub
license shall file with the application a sworn statement that
the applicant shall be engaged in the business of brewing and
packaging malt liquor, ale, or beer in this state in quantities
sufficient to operate a brewpub not later than six months after
the date of issuance of the original license. If the applicant is
a corporation, the statement must be signed by a principal
corporate officer. A county judge may not issue a brewpub license
to an applicant who does not submit the required sworn statement
with the application for a license.
Added by Acts 1993, 73rd Leg., ch. 478, Sec. 1, eff. Aug. 30,
1993; Acts 1993, 73rd Leg., ch. 934, Sec. 59, eff. Sept. 1, 1993.
Sec. 74.06. QUALITY STANDARDS. Manufacturing or brewing
equipment used by a holder of a brewpub license, and process,
labeling, and packaging conducted by a holder of a brewpub
license, shall conform to standards and tax requirements imposed
by this code and the commission's rules for the manufacture of
beer and the brewing of ale and malt liquor and shall conform to
any standards that may be applied by the agency of the United
States charged with supervising and inspecting the manufacture
and brewing of alcoholic beverages.
Added by Acts 1993, 73rd Leg., ch. 478, Sec. 1, eff. Aug. 30,
1993; Acts 1993, 73rd Leg., ch. 934, Sec. 59, eff. Sept. 1, 1993.
Sec. 74.07. CONTAINER SIZE. In addition to any other container
for beer, ale, or malt liquor authorized elsewhere in this code,
a holder of a brewpub license may store or serve to consumers
beer, ale, or malt liquor manufactured by the holder of the
license at the premises of the brewpub license from any container
having the capacity of one barrel or whole multiples of one
barrel.
Added by Acts 1993, 73rd Leg., ch. 478, Sec. 1, eff. Aug. 30,
1993; Acts 1993, 73rd Leg., ch. 934, Sec. 59, eff. Sept. 1, 1993.
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