ALCOHOLIC BEVERAGE CODE
CHAPTER 64. GENERAL DISTRIBUTORS LICENSE
§ 64.01. AUTHORIZED ACTIVITIES. (a) The holder of a
general distributor's license may:
(1) receive beer in unbroken original packages from
manufacturers and from general, local, or branch distributors;
(2) distribute or sell beer in the unbroken original
packages in which it is received to general, branch, or local
distributors, to local distributor permittees, to permittees or
licensees authorized to sell to ultimate consumers, to private club
registration permittees, to authorized outlets located on any
installation of the national military establishment, or to
qualified persons for shipment and consumption outside the state;
and
(3) serve free beer for consumption on the licensed
premises.
(b) All sales made under the authority of this section
except sales to general, local, or branch distributor's licensees
must be made in accordance with Sections 61.73 and 102.31 of this
code.
Acts 1977, 65th Leg., p. 477, ch. 194, § 1, eff. Sept. 1, 1977.
Amended by Acts 1979, 66th Leg., p. 53, ch. 33, § 3, eff. Aug. 27,
1979.
§ 64.02 FEE. The annual state fee for a general
distributor's license is $300.
Acts 1977, 65th Leg., p. 477, ch. 194, § 1, eff. Sept. 1, 1977.
Amended by Acts 1983, 68th Leg., p. 1350, ch. 278, § 40, eff.
Sept. 1, 1983.
§ 64.03. SALE OF BEER TO PRIVATE CLUBS. The holder of a
general distributor's license may sell and deliver beer to private
clubs located in wet areas without having to secure a prior order.
All sales made under the authority of this section must be made in
accordance with Sections 61.73 and 102.31 of this code.
Acts 1977, 65th Leg., p. 477, ch. 194, § 1, eff. Sept. 1, 1977.
§ 64.04. RECORDS. (a) Each holder of a general, local,
or branch distributor's license shall make and keep a daily record
of every 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. 478, ch. 194, § 1, eff. Sept. 1, 1977.
§ 64.05. PERSONS INELIGIBLE FOR LICENSE. A general
distributor's license may not be issued to a person who is the
holder of a package store permit or a wine only package store
permit.
Acts 1977, 65th Leg., p. 478, ch. 194, § 1, eff. Sept. 1, 1977.
§ 64.06. WAREHOUSES; DELIVERY TRUCKS. Section 62.08 of
this code applies to the use of warehouses and delivery trucks by
general distributor's licensees.
Acts 1977, 65th Leg., p. 478, ch. 194, § 1, eff. Sept. 1, 1977.
§ 64.07. MAY SHARE PREMISES. (a) Any number of
general, local, and branch distributors may use the same delivery
vehicles, premises, location, or place of business as licensed
premises if the beer owned and stored by each of the distributors is
segregated.
(b) If delivery vehicles are shared by any number of
distributors who also hold any class of wholesaler's permits,
liquor or beer may be transported. The provisions of Section 42.03
of this code do not apply and no distributor or wholesaler shall be
required to obtain the certificate or permit described by that
section to share a delivery vehicle for the transportation of
liquor or beer.
(c) The provisions of Subsections (a) and (b) of this
section that relate to shared delivery vehicles apply only to those
general, local, or branch distributors who hold a territorial
designation from a manufacturer under Section 102.51 of this code.
Acts 1977, 65th Leg., p. 478, ch. 194, § 1, eff. Sept. 1, 1977.
Amended by Acts 1987, 70th Leg., ch. 359, § 3, eff. Aug. 31,
1987.
§ 64.08. BEER FOR USE IN FOOD PRODUCTS
INDUSTRY. (a) The holder of a general distributor's license may
sell beer to the holder of an industrial permit for use as an
ingredient in the manufacturing and processing of food products.
(b) The beer must be sold in containers of not less than
one-half barrel. The sale is subject to the requirements of Section
102.31 of this code. The seller shall keep records of shipments and
sales of beer in a manner prescribed by the commission or
administrator.
(c) The industrial permittee may not resell beer purchased
under this section, divert the beer to use for beverage purposes,
possess the beer with intent that it be used for beverage purposes,
or possess the beer under circumstances from which it may
reasonably be deduced that the beer is to be used for beverage
purposes.
(d) Taxes imposed by this code do not apply to beer sold
under this section.
Added by Acts 1991, 72nd Leg., ch. 348, § 1, eff. Aug. 26, 1991.
§ 64.09. BEER FOR EXPORT. (a) In this section "beer
for export" means beer a distributor holds for export to another
state in which the distributor has been assigned a territory for the
distribution and sale of the beer. The term includes beer that is
illegal to sell in this state because of alcohol content,
containers, packages, or labels.
(b) The holder of a general distributor's license who
receives beer for export from the holder of a manufacturer's or
nonresident manufacturer's license may:
(1) store the beer for export at the distributor's
premises;
(2) transport the beer for export outside the state in
the distributor's own vehicles; or
(3) deliver the beer for export to a common carrier for
export and delivery outside the state.
(c) The holder of a general distributor's license is not
liable for any state tax on the beer for export.
(d) Section 101.67 does not apply to beer for export.
Added by Acts 2003, 78th Leg., ch. 489, § 4, eff. Sept. 1, 2003.
