ALCOHOLIC BEVERAGE CODE
CHAPTER 74. BREWPUB LICENSE
§ 74.01. AUTHORIZED ACTIVITIES. (a) A holder of a
brewpub license for a brewpub located in a wet area, as that term is
described by Section 251.71 of this code, may:
(1) manufacture, brew, bottle, can, package, and label
malt liquor, ale, and beer;
(2) sell or offer without charge, on the premises of
the brewpub, to ultimate consumers for consumption on or off those
premises, malt liquor, ale, or beer produced by the holder, in or
from a lawful container, to the extent the sales or offers are
allowed under the holder's other permits or licenses; and
(3) sell food on the premises of the holder's
breweries.
(b) The holder of a brewpub license may establish, operate,
or maintain one or more licensed brewpubs in this state under the
same general management or ownership. The holder shall pay the fee
assessed by the commission for each establishment. For the
purposes of this subsection, two or more establishments are under
the same general management or ownership if:
(1) the establishments bottle the same brand of malt
liquor, beer, or ale or bottle malt liquor, beer, or ale brewed by
the same manufacturer; or
(2) the person, regardless of domicile, who
establishes, operates, or maintains the establishments is
controlled or directed by one management or by an association of
ultimate management.
(c) A holder of a brewpub license must also hold a wine and
beer retailer's permit, a mixed beverage permit, or a retail
dealer's on-premise license.
(d) The holder of a brewpub license may not hold or have an
interest either directly or indirectly, or through a subsidiary,
affiliate, agent, employee, officer, director, or other person, in
a manufacturer's or distributor's license or any other license or
permit in the manufacturing or wholesaling levels of the alcoholic
beverage industry regardless of the specific names given to permits
or licenses in Title 3 of this code. The holder shall be considered
a "retailer" for purposes of Section 102.01 of this code.
(e) A holder of a retail dealer's on-premise license who
obtains a brewpub license may not manufacture, brew, bottle, can,
package, label, sell, or offer without charge malt liquor or ale.
(f) A holder of a brewpub license may not sell an alcoholic
beverage for resale.
(g) The holder of a brewpub license may deliver malt liquor,
ale, or beer manufactured by the holder to a location other than the
holder's premises for the purpose of submitting the malt liquor,
ale, or beer for an evaluation at an organized malt liquor, ale, or
beer tasting, competition, or review. At a tasting, competition,
or review, a holder of a brewpub license may:
(1) dispense without charge malt liquor, ale, or beer
manufactured by the holder to a person attending the event for
consumption on the premises of the event; and
(2) discuss with a person attending the event the
manufacturing and characteristics of the malt liquor, ale, or beer.
Added by Acts 1993, 73rd Leg., ch. 478, § 1, eff. Aug. 30, 1993;
Acts 1993, 73rd Leg., ch. 934, § 59, eff. Sept. 1, 1993. Amended
by Acts 1995, 74th Leg., ch. 387, § 1, eff. Aug. 28, 1995.
§ 74.02 FEE. The annual state fee for a brewpub license
is $500.
Added by Acts 1993, 73rd Leg., ch. 478, § 1, eff. Aug. 30, 1993;
Acts 1993, 73rd Leg., ch. 934, § 59, eff. Sept. 1, 1993.
§ 74.03. PRODUCTION LIMIT. The total annual production
of malt liquor, ale, and beer by a holder of a brewpub license may
not exceed 5,000 barrels for each licensed brewpub established,
operated, or maintained by the holder in this state.
Added by Acts 1993, 73rd Leg., ch. 478, § 1, eff. Aug. 30, 1993;
Acts 1993, 73rd Leg., ch. 934, § 59, eff. Sept. 1, 1993.
§ 74.04. LICENSE APPLICATION, RENEWAL, AND MAINTENANCE;
RECORDS; LICENSE ISSUANCE. All provisions of this code that apply
to a brewpub licensee's wine and beer retailer's permit, mixed
beverage permit, or retail dealer's on-premise license also apply
to the brewpub license.
Added by Acts 1993, 73rd Leg., ch. 478, § 1, eff. Aug. 30, 1993;
Acts 1993, 73rd Leg., ch. 934, § 59, eff. Sept. 1, 1993.
§ 74.05. STATEMENT OF INTENT. An applicant for a
brewpub license shall file with the application a sworn statement
that the applicant shall be engaged in the business of brewing and
packaging malt liquor, ale, or beer in this state in quantities
sufficient to operate a brewpub not later than six months after the
date of issuance of the original license. If the applicant is a
corporation, the statement must be signed by a principal corporate
officer. A county judge may not issue a brewpub license to an
applicant who does not submit the required sworn statement with the
application for a license.
Added by Acts 1993, 73rd Leg., ch. 478, § 1, eff. Aug. 30, 1993;
Acts 1993, 73rd Leg., ch. 934, § 59, eff. Sept. 1, 1993.
§ 74.06. QUALITY STANDARDS. Manufacturing or brewing
equipment used by a holder of a brewpub license, and process,
labeling, and packaging conducted by a holder of a brewpub license,
shall conform to standards and tax requirements imposed by this
code and the commission's rules for the manufacture of beer and the
brewing of ale and malt liquor and shall conform to any standards
that may be applied by the agency of the United States charged with
supervising and inspecting the manufacture and brewing of alcoholic
beverages.
Added by Acts 1993, 73rd Leg., ch. 478, § 1, eff. Aug. 30, 1993;
Acts 1993, 73rd Leg., ch. 934, § 59, eff. Sept. 1, 1993.
§ 74.07. CONTAINER SIZE. In addition to any other
container for beer, ale, or malt liquor authorized elsewhere in
this code, a holder of a brewpub license may store or serve to
consumers beer, ale, or malt liquor manufactured by the holder of
the license at the premises of the brewpub license from any
container having the capacity of one barrel or whole multiples of
one barrel.
Added by Acts 1993, 73rd Leg., ch. 478, § 1, eff. Aug. 30, 1993;
Acts 1993, 73rd Leg., ch. 934, § 59, eff. Sept. 1, 1993.
