3.1 Product Approval Requirements Product registration is required. Product registration can be done by mail or online. If done online, payment of the fee can be done by credit card. Product registrations will be approved within thirty (30) days or less, but registrations submitted by mail are processed more slowly. Effective December 31, 2020, product registration for all types of products will cover a range of sizes. Malt beverages will be approved as a range from four fluid ounces (4 oz) to fifteen-and-a-half gallons (15.5 gal). Wines will be approved as a range from fifty milliliters (50 ml) to fifty-eight liters (58 L). Distilled spirits will be approved as a range from twenty-five milliliters (25 ml) to one-and-three-quarters liter (1.75[…]

14.1 Direct Sales and Shipments to Consumers Wine may be shipped directly to Texas residents, as set forth below. Note: There are no provisions for the direct shipping to consumers of alcoholic beverages other than wine. 14.1.1 Holders of a Winery Permit (Texas Wineries) A Texas winery permittee may ship wine to Texas residents, including those located in “dry” areas, under the following guidelines: The wine must be shipped in packaging that is clearly and conspicuously marked to show that the package contains wine. The package may not be delivered to anyone other than: The person who purchased the wine; or A recipient designated in advance by the purchaser; or Any person at the delivery address who is less than[…]

Note: This section summarizes the temporary changes implemented due to the coronavirus pandemic that are of interest to interstate suppliers. 17.7.1 Pick-Up and Delivery Generally, restaurants that have a Mixed Beverage Permit may not sell alcohol to-go, and may not deliver alcohol to consumers without also having a Food and Beverage Certificate. However, pursuant to the governor’s disaster declaration, TABC has temporarily suspended these limitations. Restaurants with permanent food service capabilities at their premises may allow customers to pick up orders from the restaurant that include alcohol, deliver orders that include alcohol to customers, use third parties to make deliveries, and use independent contractors holding a Consumer Delivery Permit to make deliveries on their behalf, subject to the following conditions:[…]

Alcoholic Beverage Commission 5806 Mesa Drive Austin, Texas 78731 (Mailing Address) P. O. Box 13127 Austin, Texas 78711-3127 512-206-3333 (phone) http://www.tabc.texas.gov Secretary of State James Earl Rudder Building 1019 Brazos St. Austin Texas 78701 (Mailing Address) P. O. Box 13697 Austin, Texas 78711-3697 512-463-5555 (phone) http://sos.state.tx.us Links for Further Research TX Alcoholic Beverage Control Statutes (TABC PDF) TX Alcoholic Beverage Control Statutes TX Alcoholic Beverage Control Regulations

15.11.1 Stocking, Rotation, Price Marking, Merchandising/Resets Permitted under the following conditions for those industry members authorized to sell to retail licensees only, i.e., wholesalers. The following activities apply to all types of alcoholic beverages, and may be performed only with the permission of the retail licensee and without altering or disturbing in any way the alcoholic beverage products sold by other industry members. Industry members, as described above, may stock, rotate, affix prices and reset or rearrange the alcoholic beverages they sell. Products of other industry members may not be altered or disturbed. Industry members may organize and build displays which are accessible to consumers and which contain only their own products. However, notwithstanding the prohibition against altering or disturbing[…]

Permitted under the following guidelines: 15.8.1 Sampling by Wholesalers Wholesalers may give a retail permittee a sample of a product not previously purchased by the permittee. Quantities are limited as follows: Distilled Spirits 750 ml Wine Three (3) liters Other Alcoholic Beverages * One (1) six-pack * Beer, coolers or any other alcoholic beverages so packaged. The retail permittee or its employee, may sample the product on the licensed premises only if the wholesaler, the wholesaler’s agent, or employee is present. [TX Law, Title 4, Chapter 102, Subchapter A, Section 102.02.] 15.8.2 Sampling by Holders of a Distillers and Rectifiers Permit The holder of a distiller’s and rectifier’s permit, its agent or employee may provide a sample of distilled spirits[…]

Billboards are defined as “…a structure directly attached to the land, a house or a building having one or more spaces used to display a sign or advertisement of an alcoholic beverage or a person engaged in the manufacture, sale, or distribution of alcoholic beverages, whether or not the structure is artificially lighted….” [TX Law, Title 4, Chapter 108, Subchapter B, Section 108.51.] Billboards advertising alcoholic beverages may be placed at any distance from a retail location. Upper-tier members are prohibited from paying a retailer directly, or indirectly through an advertising company, to advertise alcoholic beverages on a billboard located on a retailer’s property.  [Marketing Practices Advisory MPA062, dated January 6, 2020.] Billboards, electric signs and other outdoor advertising are[…]

The strict limitations on the type of signs a retail licensee may have outside its licensed premises in Section 108.52 have been repealed effective September 1, 2019. Previously, Section 108.52 did not allow retailers to display brand specific advertising outside their premises. Currently, retail-tier license and permit holders may not advertise the price for an alcoholic beverage on any sign, billboard, marquee, or other display located on the retailer’s premises in such a manner that the price may be read by persons outside of the premises. However, the holder of a food and beverage certificate may place a menu on the exterior wall of the premises so it can be read by passers-by, as long as the menu visible from[…]

The Alcoholic Beverage Code prohibits distributors, wineries, or wholesalers from refunding or exchanging products sold to a retailer, with the exception of the following circumstances: Alcoholic beverages may be replaced with like product, provided the product was damaged upon or prior to delivery or was unfit for consumption upon delivery, or is determined to be a consumer safety issue caused during the manufacturing process.  (Wholesalers, distributors or wineries shall notify TABC immediately regarding any consumer safety issues that result in an exchange.) Wholesalers may not give a refund or replacement for products damaged while in the possession of the retailer. [TX Law, Alcoholic Beverage Code, Title 4, Chapter 104, Section 104.05(d).] Malt beverages that have not passed their expiration date[…]

2.1 Company Licenses/Permits Note: Refer to section 14, Direct Shipments to Consumers and/or Retailers for more details (wine only). 2.1.1 Non-Resident Seller’s Permit A Non-Resident Seller’s Permit is required. The permit is renewable annually prior to the anniversary date. Currently the fee is $300.00, plus a surcharge of $376.00 for a total due of $676.00, payable prior to expiration. If payment is late, an additional fee of $100.00 is due. Appointment of a Resident Agent for service of notice is required, and must be filed with the Secretary of State, Statutory Document Section, P.O. Box 12887, Austin, Texas 78711-2887. [TX Law, Title 3, Subtitle A, Chapter 37, Section 37.05, and Subtitle B, Chapter 61, Subchapter A, Section 61.07.] The person[…]