ALCOHOLIC BEVERAGE CODE
CHAPTER 62. MANUFACTURERS LICENSE
§ 62.01. AUTHORIZED ACTIVITIES. The holder of a
manufacturer's license may:
(1) manufacture or brew beer and distribute and sell
it in this state to the holders of general, local, and branch
distributor's licenses and to qualified persons outside the state;
(2) dispense beer for consumption on the premises;
and
(3) bottle and can beer and pack it into containers for
resale in this state, regardless of whether the beer is
manufactured or brewed in this state or in another state and
imported into Texas.
Acts 1977, 65th Leg., p. 474, ch. 194, § 1, eff. Sept. 1, 1977.
Amended by Acts 1979, 66th Leg., p. 53, ch. 33, § 1, eff. Aug. 27,
1979.
§ 62.02 FEE. (a) Each person who establishes,
operates, or maintains one or more licensed manufacturing
establishments in this state under the same general management or
ownership shall pay an annual state fee as follows:
(1) the fee for the first establishment is $750;
(2) the fee for the second establishment is $1,500;
(3) the fee for the third, fourth, and fifth
establishments is $4,275 for each establishment; and
(4) the fee for each establishment in excess of five is
$8,400.
(b) For the purposes of this section, two or more
establishments are under the same general management or ownership
if:
(1) they bottle the same brand of beer or beer brewed
by the same manufacturer; or
(2) the persons (regardless of domicile) who
establish, operate, or maintain the establishments are controlled
or directed by one management or by an association of ultimate
management.
Acts 1977, 65th Leg., p. 474, ch. 194, § 1, eff. Sept. 1, 1977.
Amended by Acts 1983, 68th Leg., p. 1349, ch. 278, § 38, eff.
Sept. 1, 1983.
§ 62.03. STATEMENT OF INTENTION. (a) Each applicant
for a manufacturer's license shall file with his application a
sworn statement that he will be engaged in the business of brewing
and packaging beer in Texas in quantities sufficient to make of his
operation that of a bona fide brewing manufacturer within three
years of the issuance of his original license. If the applicant is
a corporation, the statement must be signed by one of its principal
officers. The county judge shall not approve an application unless
it is accompanied by the required sworn statement.
(b) This section does not apply to the holder of a
manufacturer's license which was in effect on January 1, 1953.
Acts 1977, 65th Leg., p. 474, ch. 194, § 1, eff. Sept. 1, 1977.
§ 62.04. RENEWAL OF LICENSE DURING PRELIMINARY STAGES OF
OPERATION. (a) A renewal of a manufacturer's license may not be
denied during the two-year period following the issuance of the
original license on the ground that the licensee has not brewed and
packaged beer in this state if the licensee is engaged in good faith
in constructing a brewing plant on the licensed premises or is
engaged in one of the following preparatory stages of construction:
(1) preliminary engineering;
(2) preparing drawings and specifications;
(3) conducting engineering, architectural, or
equipment studies; or
(4) preparing for the taking of bids from contractors.
(b) During the three-year period following the issuance of a
manufacturer's license, as long as the licensee is engaged in
construction or in a preliminary stage of construction enumerated
in Subsection (a) of this section, the commission shall issue each
renewal license to take effect immediately on the expiration of the
expiring license and shall not require the licensee to make an
original application.
(c) After two years and 11 months has expired following the
issuance of an original manufacturer's license, the commission
shall not issue a renewal license if it finds that the licensee has
not complied with his sworn statement filed with his original
application or that he has not begun construction of a plant or
initiated any of the preliminary stages of construction enumerated
in Subsection (a) unless the commission also finds that the
applicant has been prevented from doing so by causes beyond his
reasonable control. If the commission finds that the licensee has
been prevented from complying by causes beyond his reasonable
control, it may grant one additional renewal for the licensee to
comply with the terms of his sworn statement. Otherwise, the
commission shall deny the renewal application and may not grant a
subsequent original application by the licensee for a period of two
years following the date of the denial.
(d) This section does not apply to the holder of a license
that was in effect on January 1, 1953.
Acts 1977, 65th Leg., p. 475, ch. 194, § 1, eff. Sept. 1, 1977.
§ 62.05. RECORDS. (a) The holder of a manufacturer's
license shall make and keep a record of each day's production or
receipt of beer and of every sale of beer, including the name of
each purchaser. Each transaction shall be recorded on the day it
occurs. The licensee shall make and keep any other records that the
commission or administrator requires.
(b) All required records shall be kept available for
inspection by the commission or its authorized representative
during reasonable office hours for at least two years.
(c) The failure to make or keep a record as required by this
section, the making of a false entry in the record, or the failure
to make an entry as required by this section is a violation of this
code.
Acts 1977, 65th Leg., p. 475, ch. 194, § 1, eff. Sept. 1, 1977.
§ 62.06. ISSUANCE OF BREWER'S PERMIT. A holder of a
manufacturer's license is entitled to be issued an original or
renewal brewer's permit for the same location on application to the
commission and payment of the required fee.
Acts 1977, 65th Leg., p. 475, ch. 194, § 1, eff. Sept. 1, 1977.
§ 62.07. IMPORTATION OF BEER: CONTAINERS, USE OF TANK
CARS. The holder of a manufacturer's license may import beer into
this state in barrels or other containers in accordance with the
provisions of this code. No person may ship beer into the state in
tank cars.
Acts 1977, 65th Leg., p. 476, ch. 194, § 1, eff. Sept. 1, 1977.
§ 62.08. WAREHOUSES; DELIVERY TRUCKS. (a) The holder
of a manufacturer's or distributor's license may maintain or engage
necessary warehouses for storage purposes in areas where the sale
of beer is lawful and may make deliveries from the warehouses
without obtaining licenses for them. The licensee may not import
beer from outside the state directly or indirectly to an unlicensed
warehouse.
(b) A warehouse or railway car in which orders for the sale
of beer are taken or money from the sale of beer is collected is a
separate place of business for which a license is required.
(c) A truck operated by a licensed distributor for the sale
and delivery of beer to a licensed retail dealer at the dealer's
place of business is not a separate place of business for which a
license is required.
(d) The commission shall promulgate rules governing the
transportation of beer, the sale of which is to be consummated at a
licensed retailer's place of business.
Acts 1977, 65th Leg., p. 476, ch. 194, § 1, eff. Sept. 1, 1977.
Amended by Acts 1979, 66th Leg., p. 53, ch. 33, § 2, eff. Aug. 27,
1979.
§ 62.09. BEER FOR EXPORT. Regardless of any other
provision of this code, a holder of a manufacturer's license may
brew and package malt beverages or import them from outside the
state, for shipment out of the state, even though the alcohol
content, containers, packages, or labels make the beverages illegal
to sell within the state. The licensee may export the beverages out
of state or deliver them at his premises for shipment out of the
state without being liable for any state tax on beer, ale, or malt
liquor sold for resale in the state.
Acts 1977, 65th Leg., p. 476, ch. 194, § 1, eff. Sept. 1, 1977.
§ 62.11. CONTINUANCE OF OPERATION AFTER LOCAL OPTION
ELECTION. The right of a manufacturer's licensee to continue
operation after a prohibitory local option election is covered by
Section 251.75 of this code.
Acts 1977, 65th Leg., p. 476, ch. 194, § 1, eff. Sept. 1, 1977.
§ 62.12. SALES BY CERTAIN MANUFACTURERS. (a) A
manufacturer's licensee whose annual production of beer in this
state does not exceed 75,000 barrels may sell beer produced under
the license to those permittees, licensees, and persons to whom a
general distributor's licensee may sell beer under Section 64.01(2)
of this code. With regard to such a sale, the manufacturer has the
same authority and is subject to the same requirements as apply to a
sale made by a general distributor's licensee.
(b) The authority granted by this section is additional to
that granted by Section 62.01 of this code.
Added by Acts 1979, 66th Leg., p. 55, ch. 33, § 11, eff. Aug. 27,
1979.
§ 62.13. LICENSED WAREHOUSE FOR IMPORTATION OF BEER. On
application and payment of a fee to be set by the commission, the
holder of a manufacturer's license may be issued a license for a
warehouse located in an area where the sale of beer is lawful and
may import beer from outside the state for delivery to the licensed
warehouse for sale to beer distributors or for removal to other
warehouses of the manufacturer. The manufacturer shall make and
keep a record of the receipt, sale, and other movement of beer
received at the licensed warehouse and any other records that the
commission or administrator requires. This section applies only to
a holder of a manufacturer's license who, on January 1, 1993,
operated under Sections 62.12 and 203.08 of this code.
Added by Acts 1993, 73rd Leg., ch. 934, § 55, eff. Sept. 1, 1993.
