ALCOHOLIC BEVERAGE CODE
CHAPTER 73. AGENTS BEER LICENSE
§ 73.01. AUTHORIZED ACTIVITIES. Subject to the
limitations imposed in Section 73.011 of this code or elsewhere in
this code, the holder of an agent's beer license, acting as an
employee or representative of a licensed manufacturer of beer
located inside or outside the state or as an employee or
representative of a licensed distributor, may:
(1) promote the sale of beer through methods such as
solicitation, display, advertising, and personal contact with
licensed retailers of beer and their agents, servants, and
employees, and with consumers of beer; and
(2) sell beer and offer it for sale.
Acts 1977, 65th Leg., p. 488, ch. 194, § 1, eff. Sept. 1, 1977.
Amended by Acts 1993, 73rd Leg., ch. 934, § 57, eff. Sept. 1,
1993.
§ 73.011. LIMITATIONS ON AUTHORITY OF AGENT'S BEER
LICENSEE. (a) A holder of an agent's beer license who is an
employee or agent of a manufacturer's licensee or a nonresident
manufacturer's licensee may not represent that the holder is the
agent of or is acting on behalf of a licensed distributor. An agent
may not engage in conduct that is prohibited by Section 102.75 of
this code or other provisions of this code.
(b) A holder of an agent's beer license may not make a
representation, solicitation, or offer that this code or the rules
of the commission prohibits the agent's employer from offering,
making, or fulfilling.
Added by Acts 1993, 73rd Leg., ch. 934, § 58, eff. Sept. 1, 1993.
§ 73.02 FEE. (a) The annual state fee for an agent's
beer license is $10.
(b) The commission may not refund any part of the fee for any
reason.
(c) No manufacturer or distributor may pay the license fee
for any person or reimburse any person for the payment of the fee.
Acts 1977, 65th Leg., p. 488, ch. 194, § 1, eff. Sept. 1, 1977.
Amended by Acts 1983, 68th Leg., p. 1352, ch. 278, § 51, eff.
Sept. 1, 1983.
§ 73.03. LICENSE REQUIRED. A person whose compensation
is based mainly on the activities specified in Section 73.01 may not
engage in those activities unless he holds an agent's beer license.
Acts 1977, 65th Leg., p. 488, ch. 194, § 1, eff. Sept. 1, 1977.
§ 73.04. QUALIFICATION FOR LICENSE. The commission
shall not issue an agent's beer license to a person unless it is
shown to the satisfaction of the commission that the applicant is
employed or has good prospects for employment as agent or
representative of a manufacturer or distributor.
Acts 1977, 65th Leg., p. 488, ch. 194, § 1, eff. Sept. 1, 1977.
§ 73.05. GRACE PERIOD. A person may engage in the
activities specified in Section 73.01 for an initial grace period
of five days during which he shall procure an agent's beer license
from the commission.
Acts 1977, 65th Leg., p. 488, ch. 194, § 1, eff. Sept. 1, 1977.
§ 73.06. EMPLOYMENT OF UNLICENSED AGENT PROHIBITED. No
manufacturer or distributor may use or be the beneficiary of the
services of any person to carry on the activities specified in
Section 73.01 if he does not hold an agent's beer license and is not
covered by the grace period provided by Section 73.05 of this code.
Acts 1977, 65th Leg., p. 488, ch. 194, § 1, eff. Sept. 1, 1977.
§ 73.07. EMPLOYMENT OF AGENT WHOSE LICENSE HAS BEEN
SUSPENDED OR CANCELLED. (a) No manufacturer or distributor may
employ or continue to employ in any capacity a person whose agent's
beer license has been suspended by the commission during the period
of suspension.
(b) No manufacturer or distributor may employ or continue to
employ in any capacity a person whose agent's beer license has been
cancelled for cause by the commission within one year after the date
of the cancellation.
Acts 1977, 65th Leg., p. 489, ch. 194, § 1, eff. Sept. 1, 1977.
§ 73.08. RULES. The commission may promulgate
reasonable rules defining the qualifications and regulating the
conduct of holders of agent's beer licenses.
Acts 1977, 65th Leg., p. 489, ch. 194, § 1, eff. Sept. 1, 1977.
§ 73.09. APPLICATION FOR LICENSE. (a) An application
for an agent's beer license is filed with the commission or any
designated employee of the commission. The application must be on a
form prescribed by the commission and include all information
required by the commission.
(b) The commission, administrator, or a designated employee
of the commission shall act on applications, and the county judge
has no authority over the issuance or approval of agent's beer
licenses.
Acts 1977, 65th Leg., p. 489, ch. 194, § 1, eff. Sept. 1, 1977.
§ 73.10. RENEWAL OF LICENSE. An application for the
renewal of an agent's beer license shall be made to the commission
not more than 30 days before the license expires. The commission
shall prescribe forms for that purpose and shall prescribe what
information is required in the application.
Acts 1977, 65th Leg., p. 489, ch. 194, § 1, eff. Sept. 1, 1977.
§ 73.11. SUSPENSION OR CANCELLATION OF LICENSE. An
agent's beer license may be suspended or cancelled by the
commission for a violation of any rule or regulation of the
commission or for any of the reasons a manufacturer's or
distributor's license may be suspended or cancelled. The same
procedure applicable to the suspension or cancellation of a
manufacturer's or distributor's license shall be followed in the
suspension or cancellation of an agent's beer license.
Acts 1977, 65th Leg., p. 489, ch. 194, § 1, eff. Sept. 1, 1977.
