CHAPTER 73. AGENT'S BEER LICENSE
ALCOHOLIC BEVERAGE CODE
TITLE 3. LICENSES AND PERMITS
SUBTITLE B. LICENSES
CHAPTER 73. AGENT'S BEER LICENSE
Sec. 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, Sec. 1, eff. Sept. 1,
1977. Amended by Acts 1993, 73rd Leg., ch. 934, Sec. 57, eff.
Sept. 1, 1993.
Sec. 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, Sec. 58, eff. Sept. 1,
1993.
Sec. 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, Sec. 1, eff. Sept. 1,
1977. Amended by Acts 1983, 68th Leg., p. 1352, ch. 278, Sec. 51,
eff. Sept. 1, 1983.
Sec. 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, Sec. 1, eff. Sept. 1,
1977.
Sec. 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, Sec. 1, eff. Sept. 1,
1977.
Sec. 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, Sec. 1, eff. Sept. 1,
1977.
Sec. 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, Sec. 1, eff. Sept. 1,
1977.
Sec. 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, Sec. 1, eff. Sept. 1,
1977.
Sec. 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, Sec. 1, eff. Sept. 1,
1977.
Sec. 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, Sec. 1, eff. Sept. 1,
1977.
Sec. 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, Sec. 1, eff. Sept. 1,
1977.
Sec. 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, Sec. 1, eff. Sept. 1,
1977.