ALCOHOLIC BEVERAGE CODE
CHAPTER 16. WINERY PERMIT
§ 16.01. AUTHORIZED ACTIVITIES. (a) Except as
provided by Section 16.011, the holder of a winery permit may:
(1) manufacture, bottle, label, and package wine
containing not more than 24 percent alcohol by volume;
(2) manufacture and import grape brandy for fortifying
purposes only and to be used only on his licensed premises;
(3) sell wine in this state to or buy wine from permit
holders authorized to purchase and sell wine, including holders of
wholesaler's permits, winery permits, and wine bottler's permits;
(4) sell wine to ultimate consumers:
(A) for consumption on the winery premises; or
(B) in unbroken packages for off-premises
consumption in an amount not to exceed 35,000 gallons annually;
(5) sell the wine outside this state to qualified
persons;
(6) blend wines; and
(7) dispense free wine for consumption on the winery
premises.
(b) The holder of a winery permit may manufacture and label
wine for an adult in an amount not to exceed 50 gallons annually for
the personal use of the adult. Any amount of wine produced under
this subsection is included in the annual total amount that may be
sold by the holder under Subsection (a)(4) of this section. An
adult for whom wine is manufactured and labeled under this
subsection is not required to hold a license or permit issued under
this code.
(c) The holder of a winery permit may conduct wine
samplings, including wine tastings at a retailer's premises. A
winery employee may open, touch, or pour wine, make a presentation,
or answer questions at a wine sampling.
(d) The holder of a winery permit may sell wine to ultimate
consumers for consumption on or off winery premises and dispense
free wine for consumption on or off the winery premises.
(e) The holder of a winery permit may dispense wine for
consumption on the premises of the winery under Section 16.07.
Acts 1977, 65th Leg., p. 416, ch. 194, § 1, eff. Sept. 1, 1977.
Amended by Acts 1979, 66th Leg., p. 2116, ch. 819, § 1, eff. June
13, 1979; Acts 1981, 67th Leg., p. 2212, ch. 515, § 1, eff. Aug.
31, 1981; Acts 1993, 73rd Leg., ch. 934, § 27, eff. Sept. 1,
1993; Acts 1997, 75th Leg., ch. 998, § 1, eff. Sept. 1, 1997;
Acts 2001, 77th Leg., ch. 1257, § 1, eff. Sept. 1, 2001; Acts
2003, 78th Leg., ch. 1051, § 1, eff. Sept. 1, 2003; Acts 2003,
78th Leg., ch. 1119, § 1, 3.
§ 16.011. PREMISES IN DRY AREA. A winery permit may be
issued for premises in an area in which the sale of wine has not been
authorized by a local option election. A holder of a permit under
this section may engage in any activity authorized under Section
16.01 except that the permit holder may sell or dispense wine under
that section only if the wine is:
(1) manufactured in this state; and
(2) at least 75 percent by volume fermented juice of
grapes or other fruit grown in this state.
Added by Acts 2003, 78th Leg., ch. 1119, § 2.
§ 16.02 FEE. The annual state fee for a winery permit
is $75.
Acts 1977, 65th Leg., p. 416, ch. 194, § 1, eff. Sept. 1, 1977.
Amended by Acts 1979, 66th Leg., p. 2116, ch. 819, § 1, eff. June
13, 1979; Acts 1983, 68th Leg., p. 1343, ch. 278, § 6, eff. Sept.
1, 1983.
§ 16.03. IMPORTATION FOR BLENDING. The holder of a
winery permit may, for blending purposes only, import wines or
grape brandy. The wine or grape brandy may be purchased only from
the holders of nonresident seller's permits. The state tax on wines
imported for blending purposes does not accrue until the wine has
been used for blending purposes and the resultant product placed in
containers for sale.
Acts 1977, 65th Leg., p. 416, ch. 194, § 1, eff. Sept. 1, 1977.
Amended by Acts 1979, 66th Leg., p. 2116, ch. 819, § 1, eff. June
13, 1979.
§ 16.04. FEDERAL PERMIT REQUIRED. A winery permit may
be granted only on presentation of a winemaker's and blender's basic
permit of the federal alcohol tax unit.
Acts 1977, 65th Leg., p. 416, ch. 194, § 1, eff. Sept. 1, 1977.
Amended by Acts 1979, 66th Leg., p. 2116, ch. 819, § 1, eff. June
13, 1979.
§ 16.06. ORGANIZED WINE TASTING COMPETITION. (a) For
the purpose of participating in an organized wine tasting, wine
evaluation, wine competition, or literary review, the holder of a
winery permit may deliver wine produced and manufactured by the
holder to locations that are not licensed under this code for the
purpose of submitting the wine to an evaluation at an organized wine
tasting competition attended primarily by unlicensed persons or by
a wine reviewer whose reviews are published if:
(1) no charge of any kind is made for the wine,
delivery, or attendance at the event; and
(2) the commission consents in writing to the
delivery.
(b) In connection with events authorized by Subsection (a)
of this section, the holder of the winery permit may dispense wine
to individuals attending the event and discuss with them the
manufacture and characteristics of the wine.
Added by Acts 1989, 71st Leg., ch. 142, § 1, eff. May 25, 1989.
§ 16.07. WINE SAMPLING. (a) The holder of a winery
permit may conduct wine samplings, including wine tastings, on the
permitted premises. The holder of the permit may collect a fee for
the wine sampling.
(b) A sampling event authorized by this section may not be
advertised except by on-site communication or by direct mail.
(c) A person other than the holder of a permit or the
holder's agent or employee may not dispense or participate in the
dispensing of wine under this section.
(d) A person authorized to dispense wine under this section:
(1) may serve a person more than one sample; and
(2) may not serve a sample to a minor or to an
obviously intoxicated person.
(e) A person who receives a sample may not remove the sample
from the permitted premises.
(f) For the purposes of this code and any other law of this
state or a political subdivision of this state, the holder of a
permit, during the sampling of wine under this section, is:
(1) not the holder of a permit authorizing the sale of
alcoholic beverages for on-premises consumption; and
(2) not considered to have received any revenue from
the on-premises sale of alcoholic beverages.
Added by Acts 1997, 75th Leg., ch. 998, § 2, eff. Sept. 1, 1997.
§ 16.08. WINE FESTIVALS. (a) At an event that is
approved by the commission, organized to celebrate and promote the
wine industry in this state, and held in whole or in part on the
premises of the holder of a winery permit, the permit holder may:
(1) sell wine to consumers for consumption on or off
the holder's premises; and
(2) dispense wine without charge for consumption on or
off the holder's premises.
(b) The holder of a winery permit may sell wine to the holder
of a temporary permit issued under Chapter 27, 30, or 33 for an
event that is approved by the commission and organized to celebrate
and promote the wine industry in this state.
(c) The holder of a winery permit may not hold more than four
events described by Subsection (a) each year.
Added by Acts 2001, 77th Leg., ch. 1001, § 2.02, eff. Sept. 1,
2001.
