CHAPTER 54. OUT-OF-STATE WINERY DIRECT SHIPPER'S PERMIT
ALCOHOLIC BEVERAGE CODE
TITLE 3. LICENSES AND PERMITS
SUBTITLE A. PERMITS
CHAPTER 54. OUT-OF-STATE WINERY DIRECT SHIPPER'S PERMIT
Sec. 54.01. AUTHORIZED ACTIVITIES. The holder of an
out-of-state winery direct shipper's permit may sell and deliver
wine that is produced or bottled by the permittee to an ultimate
consumer located in the State of Texas. Delivery must be by the
holder of a carrier permit.
Added by Acts 2005, 79th Leg., Ch.
36, Sec. 2, eff. May 9, 2005.
Sec. 54.02. PROHIBITED ACTIVITIES. The holder of an
out-of-state winery direct shipper's permit may not:
(1) sell or ship wine to a minor;
(2) deliver wine to a consumer using a carrier that does not
hold a carrier's permit under this code;
(3) deliver to the same consumer in this state more than nine
gallons of wine within any calendar month or more than 36 gallons
of wine within any 12-month period; or
(4) sell to ultimate consumers more than 35,000 gallons of wine
annually.
Added by Acts 2005, 79th Leg., Ch.
36, Sec. 2, eff. May 9, 2005.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
346, Sec. 2, eff. September 1, 2009.
Sec. 54.03. QUALIFICATIONS FOR PERMIT. An out-of-state winery
direct shipper's permit may only be issued to a person who:
(1) does not hold a winery permit in the State of Texas;
(2) operates a winery located in the United States and holds all
state and federal permits necessary to operate the winery,
including the federal winemaker's and blender's basic permit;
(3) holds a Texas sales tax permit;
(4) expressly submits to personal jurisdiction in Texas state
and federal courts and expressly submits to venue in Travis
County, Texas, as proper venue for any proceedings that may be
initiated by or against the commission; and
(5) does not directly or indirectly have any financial interest
in a Texas wholesaler or retailer as those terms are used in
Section 102.01.
Added by Acts 2005, 79th Leg., Ch.
36, Sec. 2, eff. May 9, 2005.
Sec. 54.04. PERMIT FEE. The annual state fee for an
out-of-state winery direct shipper's permit is $75.
Added by Acts 2005, 79th Leg., Ch.
36, Sec. 2, eff. May 9, 2005.
Sec. 54.05. IDENTIFICATION REQUIREMENTS. (a) All wine sold or
shipped by the holder of an out-of-state winery direct shipper's
permit must be in a package that is clearly and conspicuously
labeled showing that:
(1) the package contains wine; and
(2) the package may only be delivered to a person described in
Subsection (b).
(b) Wine sold or shipped by a holder of an out-of-state winery
direct shipper's permit may not be delivered to any person other
than:
(1) the person who purchased the wine;
(2) a recipient designated in advance by such purchaser; or
(3) a person at the delivery address who is age 21 or over.
(c) Wine may be delivered only to a person who is age 21 or over
after the person accepting the package:
(1) presents valid proof of identity and age; and
(2) personally signs a receipt acknowledging delivery of the
package.
Added by Acts 2005, 79th Leg., Ch.
36, Sec. 2, eff. May 9, 2005.
Sec. 54.06. REPORTS AND RECORDKEEPING. (a) The holder of an
out-of-state winery direct shipper's permit shall maintain
records of all sales and deliveries made under the permit.
(b) The holder of an out-of-state winery direct shipper's permit
shall maintain complete sales and delivery records for all sales
and deliveries made under the permit for at least five years from
the date of sale. These records shall be made available upon
request for inspection by the commission or any other appropriate
state agency.
(c) The commission shall establish rules requiring the holder of
an out-of-state winery direct shipper's permit to periodically
file reports providing the commission with such information as
the commission may determine is needed to more efficiently and
effectively enforce the state laws applicable to the permit
holder.
Added by Acts 2005, 79th Leg., Ch.
36, Sec. 2, eff. May 9, 2005.
Sec. 54.07. LIABILITY FOR AND PAYMENT OF TAXES. (a) Sales made
by the holder of an out-of-state winery direct shipper's permit
shall be deemed to have been made in the State of Texas for
delivery in the State of Texas.
(b) The holder of an out-of-state winery direct shipper's permit
shall be responsible for paying the following state taxes related
to sales and deliveries made under this chapter:
(1) excise taxes on the wine sold, payable at the same rate and
in the same manner as if the permittee were a Texas winery
located in Texas; and
(2) state sales and use taxes all payable at the same rate and
in the same manner as if the permittee were a Texas winery
located in Texas.
(c) An ultimate consumer who purchases wine from the holder of
an out-of-state winery direct shipper's permit under this chapter
shall be considered to be purchasing the wine from a Texas
permittee and shall not be charged the administrative fee for
personal imports set forth in Section 107.07.
Added by Acts 2005, 79th Leg., Ch.
36, Sec. 2, eff. May 9, 2005.
Sec. 54.08. RESALE PROHIBITED. A consumer purchasing wine from
the holder of an out-of-state winery direct shipper's permit may
not resell the wine, and any such wine that is resold is an
illicit beverage as defined in Section 1.04(4).
Added by Acts 2005, 79th Leg., Ch.
36, Sec. 2, eff. May 9, 2005.
Sec. 54.09. DELIVERY AREAS. Wine shipped under this chapter may
be delivered to persons located in a dry area.
Added by Acts 2005, 79th Leg., Ch.
36, Sec. 2, eff. May 9, 2005.
Sec. 54.10. WINE LABEL APPROVAL NOT REQUIRED. If the holder of
an out-of-state winery direct shipper's permit has satisfied all
federal label approval requirements for a particular brand of
wine, then no further label approval shall be required by the
commission.
Added by Acts 2005, 79th Leg., Ch.
36, Sec. 2, eff. May 9, 2005.
Sec. 54.11. RULES. The commission shall adopt rules and forms
necessary to implement this chapter.
Added by Acts 2005, 79th Leg., Ch.
36, Sec. 2, eff. May 9, 2005.
Sec. 54.12. PENALTY FOR SHIPPING WITHOUT A PERMIT. Any person
who does not hold an out-of-state winery direct shipper's permit
who sells and ships alcohol from outside of Texas to an ultimate
consumer in Texas commits on first offense a Class B misdemeanor,
on second offense a Class A misdemeanor, and on third offense a
state jail felony.
Added by Acts 2005, 79th Leg., Ch.
36, Sec. 2, eff. May 9, 2005.