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Texas Alcoholic Beverage Code - Section 74.01. Authorized Activities

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§ 74.01. AUTHORIZED ACTIVITIES.  (a) A holder of a 
brewpub license for a brewpub located in a wet area, as that term is 
described by Section 251.71 of this code, may:
		(1)  manufacture, brew, bottle, can, package, and label 
malt liquor, ale, and beer;
		(2)  sell or offer without charge, on the premises of 
the brewpub, to ultimate consumers for consumption on or off those 
premises, malt liquor, ale, or beer produced by the holder, in or 
from a lawful container, to the extent the sales or offers are 
allowed under the holder's other permits or licenses;  and
		(3)  sell food on the premises of the holder's 
breweries.                   
	(b)  The holder of a brewpub license may establish, operate, 
or maintain one or more licensed brewpubs in this state under the 
same general management or ownership.  The holder shall pay the fee 
assessed by the commission for each establishment.  For the 
purposes of this subsection, two or more establishments are under 
the same general management or ownership if:
		(1)  the establishments bottle the same brand of malt 
liquor, beer, or ale or bottle malt liquor, beer, or ale brewed by 
the same manufacturer;  or
		(2)  the person, regardless of domicile, who 
establishes, operates, or maintains the establishments is 
controlled or directed by one management or by an association of 
ultimate management.
	(c)  A holder of a brewpub license must also hold a wine and 
beer retailer's permit, a mixed beverage permit, or a retail 
dealer's on-premise license.
	(d)  The holder of a brewpub license may not hold or have an 
interest either directly or indirectly, or through a subsidiary, 
affiliate, agent, employee, officer, director, or other person, in 
a manufacturer's or distributor's license or any other license or 
permit in the manufacturing or wholesaling levels of the alcoholic 
beverage industry regardless of the specific names given to permits 
or licenses in Title 3 of this code.  The holder shall be considered 
a "retailer" for purposes of Section 102.01 of this code.
	(e)  A holder of a retail dealer's on-premise license who 
obtains a brewpub license may not manufacture, brew, bottle, can, 
package, label, sell, or offer without charge malt liquor or ale.
	(f)  A holder of a brewpub license may not sell an alcoholic 
beverage for resale.
	(g)  The holder of a brewpub license may deliver malt liquor, 
ale, or beer manufactured by the holder to a location other than the 
holder's premises for the purpose of submitting the malt liquor, 
ale, or beer for an evaluation at an organized malt liquor, ale, or 
beer tasting, competition, or review.  At a tasting, competition, 
or review, a holder of a brewpub license may:
		(1)  dispense without charge malt liquor, ale, or beer 
manufactured by the holder to a person attending the event for 
consumption on the premises of the event;  and
		(2)  discuss with a person attending the event the 
manufacturing and characteristics of the malt liquor, ale, or beer.

Added by Acts 1993, 73rd Leg., ch. 478, § 1, eff. Aug. 30, 1993;  
Acts 1993, 73rd Leg., ch. 934, § 59, eff. Sept. 1, 1993.  Amended 
by Acts 1995, 74th Leg., ch. 387, § 1, eff. Aug. 28, 1995.

Last modified: August 10, 2007