Texas Alcoholic Beverage Code - Section 109.04. Sale Of Beer: Procedure
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Texas Lawyer > Alcoholic Beverage Code > Texas Alcoholic Beverage Code - Section 109.04. Sale Of Beer: Procedure
§ 109.04. SALE OF BEER: PROCEDURE. (a) When the
commission is notified under this subchapter of the acquisition of
beer or its containers or original packages, it shall immediately
notify a holder of a general, local, or branch distributor's
license who handles the brand of beer and who operates in the county
where it is located or, if it is located in a dry area or if no
distributor operates in the county, the nearest distributor
handling the brand or the manufacturer who brewed it.
(b) The insurer or insurance salvor, the commission, and the
distributor or manufacturer shall jointly agree whether the beer is
salable. If it is determined to be unsalable, the commission shall
destroy it. If it is determined to be salable, the manufacturer or
distributor shall be given the opportunity to purchase it. A
distributor may purchase beer at the cost price less any state taxes
that have been paid, F.O.B. its place of business. A manufacturer
may purchase beer at the cost price to the nearest distributor of
the brand, less any state taxes that have been paid, F.O.B. that
distributor's place of business. A manufacturer or distributor may
purchase returnable bottles, containers, or packages at their
deposit price.
(c) If the distributor or manufacturer does not exercise the
right to purchase the merchandise within 10 days after being given
the opportunity to purchase it, the insurer or insurance salvor may
sell it to any qualified licensee or permittee as provided in
Section 109.01 of this code.
Acts 1977, 65th Leg., p. 523, ch. 194, § 1, eff. Sept. 1, 1977.
Section: 108.78 108.79 108.80 108.81 109.01 109.02 109.03 109.04 109.05 109.06 109.07 109.08 109.21 109.22 109.31
Last modified: August 11, 2007
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