CHAPTER 65. LOCAL DISTRIBUTOR'S LICENSE

ALCOHOLIC BEVERAGE CODE

TITLE 3. LICENSES AND PERMITS

SUBTITLE B. LICENSES

CHAPTER 65. LOCAL DISTRIBUTOR'S LICENSE

Sec. 65.01. AUTHORIZED ACTIVITIES. (a) The holder of a local

distributor's license may:

(1) receive beer in unbroken original packages from

manufacturers and from general, branch, or local distributors;

(2) sell and distribute beer in the unbroken original packages

in which it is received:

(A) to the following, if located in the county of the licensee's

residence: local distributor permittees, permittees or licensees

authorized to sell to ultimate consumers, private club

registration permittees, authorized outlets located on any

installation of the national military establishment, or qualified

persons for shipment and consumption outside the state; or

(B) to other licensed distributors in 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. 478, ch. 194, Sec. 1, eff. Sept. 1,

1977. Amended by Acts 1979, 66th Leg., p. 53, ch. 33, Sec. 4,

eff. Aug. 27, 1979.

Sec. 65.02. FEE. The annual state fee for a local distributor's

license is $75.

Acts 1977, 65th Leg., p. 478, ch. 194, Sec. 1, eff. Sept. 1,

1977. Amended by Acts 1983, 68th Leg., p. 1350, ch. 278, Sec. 41,

eff. Sept. 1, 1983.

Sec. 65.03. SALE OF BEER TO PRIVATE CLUBS. The holder of a

local 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. 479, ch. 194, Sec. 1, eff. Sept. 1,

1977.

Sec. 65.04. RECORDS. Section 64.04 of this code applies to

recordkeeping by local distributor's licensees.

Acts 1977, 65th Leg., p. 479, ch. 194, Sec. 1, eff. Sept. 1,

1977.

Sec. 65.05. PERSONS INELIGIBLE FOR LICENSE. A local

distributor's license may not be issued to any person who is the

holder of a package store permit or a wine only package store

permit.

Acts 1977, 65th Leg., p. 479, ch. 194, Sec. 1, eff. Sept. 1,

1977.

Sec. 65.06. WAREHOUSES; DELIVERY TRUCKS. Section 62.08 of this

code applies to the use of warehouses and delivery trucks by

local distributor's licensees.

Acts 1977, 65th Leg., p. 479, ch. 194, Sec. 1, eff. Sept. 1,

1977.

Sec. 65.07. MAY SHARE PREMISES. The sharing of premises by

distributors is covered by Section 64.07 of this code.

Acts 1977, 65th Leg., p. 479, ch. 194, Sec. 1, eff. Sept. 1,

1977.

Sec. 65.08. 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 local 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 local 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, Sec. 5, eff. Sept. 1,

2003.