ALCOHOLIC BEVERAGE CODE
CHAPTER 66. BRANCH DISTRIBUTORS LICENSE
§ 66.01. AUTHORIZED ACTIVITIES. The holder of a branch
distributor's license may engage in the same activities as a holder
of a general distributor's license.
Acts 1977, 65th Leg., p. 479, ch. 194, § 1, eff. Sept. 1, 1977.
§ 66.02 FEE. The annual state fee for a branch
distributor's license is $75 per year or fraction of a year.
Acts 1977, 65th Leg., p. 479, ch. 194, § 1, eff. Sept. 1, 1977.
Amended by Acts 1979, 66th Leg., p. 1973, ch. 777, § 22, eff.
Aug. 27, 1979; Acts 1983, 68th Leg., p. 1350, ch. 278, § 42, eff.
Sept. 1, 1983.
§ 66.03. ISSUANCE OF LICENSE. (a) Except as provided
in Subsection (b) of this section, a branch distributor's license
may be issued only to the holder of a general distributor's license
who first has obtained the primary license in the county of his
residence or domicile. The branch distributor's license may be
issued for premises in any county where the sale of beer is legal.
(b) A general distributor's licensee whose primary license
was voided by a local option election under prior law, who took
advantage of the right then existing to obtain a primary license in
another county where he held a branch distributor's license without
qualifying as a resident or domiciliary of that county, is not
prevented from continuing to renew the primary license or from
holding one or more branch licenses by the fact that the primary
license is not in the county of his residence or domicile.
Acts 1977, 65th Leg., p. 479, ch. 194, § 1, eff. Sept. 1, 1977.
Amended by Acts 1979, 66th Leg., p. 54, ch. 33, § 5, eff. Aug. 27,
1979.
§ 66.04. PERSONS INELIGIBLE FOR LICENSE. A branch
distributor's license may not be issued to a person who holds a
package store permit or a wine only package store permit, or to a
person who does not meet the qualifications to be issued an original
general distributor's license.
Acts 1977, 65th Leg., p. 480, ch. 194, § 1, eff. Sept. 1, 1977.
Amended by Acts 1987, 70th Leg., ch. 359, § 4, eff. Aug. 31,
1987.
§ 66.05. EXPIRATION OF LICENSE. A branch distributor's
license expires at the same time as the holder's primary license.
Acts 1977, 65th Leg., p. 480, ch. 194, § 1, eff. Sept. 1, 1977.
§ 66.06. RENEWAL OF LICENSE. Application for renewal of
a branch distributor's license may be made concurrently with the
filing of the application for the renewal of the holder's primary
license.
Acts 1977, 65th Leg., p. 480, ch. 194, § 1, eff. Sept. 1, 1977.
§ 66.07. SALE OF BEER TO PRIVATE CLUBS. The holder of a
branch 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. 480, ch. 194, § 1, eff. Sept. 1, 1977.
§ 66.08. RECORDS. (a) Section 64.04 of this code
applies to recordkeeping by branch distributor's licensees.
(b) The holder of a branch distributor's license may apply
to the administrator for permission to maintain required records at
the premises of the holder of the general distributor's license for
that branch distributor licensee. If, in the judgment of the
administrator, the licensee is deemed qualified, the administrator
in writing may grant the application. If the administrator denies
the application, he shall do so in writing and must base his denial
on one of the grounds specified in Section 61.74 of this code or any
other valid reason.
(c) In making a determination as to the qualifications of
the holder of a branch distributor's license to maintain required
records at another premises, the administrator shall consider the
distributor's past record of compliance with the provisions of this
code and the distributor's history of filing timely and correct
reports to the commission.
Acts 1977, 65th Leg., p. 480, ch. 194, § 1, eff. Sept. 1, 1977.
Amended by Acts 1987, 70th Leg., ch. 359, § 1, eff. Aug. 31,
1987.
§ 66.09. WAREHOUSES; DELIVERY TRUCKS. Section 62.08 of
this code applies to the use of warehouses and delivery trucks by
branch distributor's licensees.
Acts 1977, 65th Leg., p. 480, ch. 194, § 1, eff. Sept. 1, 1977.
§ 66.10. MAY SHARE PREMISES. The sharing of premises by
distributors is covered by Section 64.07 of this code.
Acts 1977, 65th Leg., p. 480, ch. 194, § 1, eff. Sept. 1, 1977.
§ 66.11. 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 branch 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 branch 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, § 6, eff. Sept. 1, 2003.
