CHAPTER 55. MANUFACTURER'S AGENT'S WAREHOUSING PERMIT
ALCOHOLIC BEVERAGE CODE
TITLE 3. LICENSES AND PERMITS
SUBTITLE A. PERMITS
CHAPTER 55. MANUFACTURER'S AGENT'S WAREHOUSING PERMIT
Sec. 55.01. AUTHORIZED ACTIVITIES. (a) The holder of a
manufacturer's agent's warehousing permit may:
(1) receive beer, ale, or malt liquor from the holder of a
nonresident brewer's permit or nonresident manufacturer's license
and store the alcoholic beverages on the permitted premises;
(2) ship, cause to be shipped, sell, and otherwise transfer the
beer, ale, or malt liquor to licensed or permitted distributors
and wholesalers in this state and to persons outside this state
who are qualified to receive the beer, ale, or malt liquor under
the regulatory laws of the state or other jurisdiction in which
the beer, ale, or malt liquor is received; and
(3) return beer, ale, or malt liquor to the manufacturer or
brewer from which it was originally received.
(b) The holder of a manufacturer's agent's warehousing permit
may ship only to wholesalers and distributors in this state who
have been issued a territorial designation by the actual
manufacturer or brewer of the brand or brands to be shipped.
This territorial designation for the sale of beer must be under
and a part of the agreement entered into between the actual
manufacturer of the brand and the distributor under Subchapters C
and D, Chapter 102. This chapter does not affect the requirement
that the actual manufacturer, and the agreement between the
actual manufacturer and the distributor, comply with Subchapters
C and D, Chapter 102.
(c) Beer, ale, or malt liquor received at premises permitted
under this chapter that is not labeled and approved for sale in
this state may be held and stored at the premises and may be
shipped from the premises if it is consigned and transported to
qualified persons in other states or jurisdictions where its sale
is legal.
(d) The provisions of this code related to the residency of an
applicant for a permit do not apply to a permit under this
chapter.
Added by Acts 2007, 80th Leg., R.S., Ch.
247, Sec. 1, eff. September 1, 2007.
Sec. 55.02. FEE. The commission by rule shall set the amount of
the annual state fee for a manufacturer's agent's warehousing
permit.
Added by Acts 2007, 80th Leg., R.S., Ch.
247, Sec. 1, eff. September 1, 2007.
Sec. 55.03. ELIGIBILITY FOR PERMIT. A manufacturer's agent's
warehousing permit may be issued to an entity:
(1) of which at least 50 percent of the ownership interests are
owned by another entity that:
(A) is located and chartered in the United Mexican States;
(B) has held a nonresident manufacturer's license, nonresident
brewer's permit, and a nonresident seller's permit for the two
years preceding the date of the application; and
(C) during each of those two years has shipped or caused to be
shipped into this state for ultimate sale to qualified
distributors and wholesalers in this state at least one-half
million barrels of beer, ale, or malt liquor of the various
brands manufactured or brewed by the entity; and
(2) whose employees, located in this state or elsewhere, hold
permits and licenses issued under Chapters 36 and 73 to perform
the activities authorized under those chapters on behalf of the
entity.
Added by Acts 2007, 80th Leg., R.S., Ch.
247, Sec. 1, eff. September 1, 2007.
Sec. 55.04. LOCATION OF PREMISES. The premises of a permit
holder under this chapter must be located in an area that is wet
for the sale of beer, ale, and malt liquor.
Added by Acts 2007, 80th Leg., R.S., Ch.
247, Sec. 1, eff. September 1, 2007.
Sec. 55.05. REPORTING REQUIREMENTS. The commission shall
require monthly reports from a permit holder under this chapter
showing the brands, types, sizes of containers, and quantities of
beer, ale, or malt liquor received at and shipped from the
premises to persons authorized to receive them. The reports must
conform in all respects to the requirements and forms prescribed
by the commission and contain any other information required by
the commission.
Added by Acts 2007, 80th Leg., R.S., Ch.
247, Sec. 1, eff. September 1, 2007.