Texas Alcoholic Beverage Code Title 4, Chapter 102 - Intra-industry Relationships
SUBCHAPTER A GENERAL PROVISIONS
- Texas Section 102.01 - Tied House Prohibited
(a) In this section, "tied house" means any overlapping ownership or other prohibited relationship between those engaged in the alcoholic beverage industry at different levels,...
- Texas Section 102.02 - Providing Samples
Notwithstanding any other provision of this code, the holder of a wholesaler's permit or the holder's agent, representative, or employee may furnish or give a...
- Texas Section 102.03 - Persons Barred From Interest In Premises Of Retail Liquor Outlet
(a) This section applies to the holder of a brewer's, distiller's and rectifier's, winery, wholesaler's, class B wholesaler's, or wine bottler's permit. (b) No holder...
- Texas Section 102.04 - Persons Barred From Interest In Mixed Beverage Business
(a) This section applies to any person who has an interest in the business of a distiller-rectifier, brewer, wholesaler, class B wholesaler, winery, wine bottler,...
- Texas Section 102.05 - Hotel: Multiple Interests Authorized
A hotel may hold a package store permit, mixed beverage permit, wine and beer retailer's permit, and retail dealer's license if the businesses are completely...
- Texas Section 102.06 - Relationship Between Agent Or Manufacturer's Agent And Package Store
No holder of an agent's or manufacturer's agent's permit may directly or indirectly have an interest in a package store permit or wine only package...
- Texas Section 102.07 - Prohibited Dealings With Retailer Or Consumer
(a) Except as provided in Subsections (b), (d), and (g), no person who owns or has an interest in the business of a distiller, brewer,...
- Texas Section 102.071 - Sale Of Glassware And Nonalcoholic Beverages
(a) In this section: (1) "Branded glassware" means glassware that contains the name, emblem, or logo of or any reference to a brand of alcoholic...
- Texas Section 102.08 - Wholesaler: Liquor Manufactured By Affiliate
(a) No holder of a wholesaler's permit may own, possess, or sell any liquor manufactured, distilled, or rectified by a person, firm, or corporation that...
- Texas Section 102.09 - Wholesaler: Interest In Distiller And Rectifier
No holder of a wholesaler's permit may be affiliated with the holder of a distiller's and rectifier's permit, or with a person, firm, or corporation...
- Texas Section 102.10 - Distiller And Rectifier: Interest In Wholesaler
(a) This section applies to the following: (1) a holder of a distiller's and rectifier's permit; (2) a person, firm, or corporation engaged in distilling...
- Texas Section 102.11 - Manufacturer Or Distributor: Prohibited Interests
No manufacturer or distributor directly or indirectly, or through a subsidiary, affiliate, agent, employee, officer, director, or firm member, may: (1) own any interest in...
- Texas Section 102.12 - Commercial Bribery By Manufacturer Or Distributor
No manufacturer or distributor directly or indirectly, or through a subsidiary, affiliate, agent, employee, officer, director, or firm member, may give or permit to be...
- Texas Section 102.13 - Exclusive Outlet Agreement As To Brewery Products
No manufacturer or distributor directly or indirectly, or through a subsidiary, affiliate, agent, employee, officer, director, or firm member, may require, by agreement or otherwise,...
- Texas Section 102.14 - Manufacturer Or Distributor: Furnishing Equipment Or Fixtures
(a) No manufacturer or distributor directly or indirectly, or through a subsidiary, affiliate, agent, employee, officer, director, or firm member, may furnish, give, rent, lend,...
- Texas Section 102.15 - Manufacturer Or Distributor: Prohibited Dealings With Retailer
(a) Except as provided by Subsection (b), no manufacturer or distributor directly or indirectly, or through a subsidiary, affiliate, agent, employee, officer, director, or firm...
- Texas Section 102.16 - Unlawful Agreements
(a) A brewer, distiller and rectifier, winery permittee, or alcoholic beverage manufacturer, or the agent, servant, or employee of any of them, commits an offense...
- Texas Section 102.17 - Contract For Sale Of Liquor
A brewer, distiller and rectifier, winery permittee, manufacturer, or nonresident seller of liquor and the holder of a wholesaler's permit may enter into a contract...
- Texas Section 102.18 - Manufacturer: Prohibited Interests
(a) This section applies to the following: (1) a holder of a manufacturer's or nonresident manufacturer's license; (2) an officer, director, agent, or employee of...
- Texas Section 102.19 - Promotional Gift Wine
A holder of a winery permit may give one or more unopened bottles of Texas-made wine produced or bottled by the winery to a person...
- Texas Section 102.20 - Restocking And Rotation Of Alcoholic Beverages Authorized
Restocking of a display and rotation of alcoholic beverage stock in a retail establishment from the retailer's storeroom, salesroom, display counter, or cooler by a...
- Texas Section 102.21 - Continuity Of Certain Protections For Beer Distributors
The protections provided to beer distributors by Subchapters C and D apply regardless of whether there is a transfer or change of ownership of a...
SUBCHAPTER B REGULATION OF CREDIT TRANSACTIONS
- Texas Section 102.22 - Verification Of Use Of Facilities
(a) A person who holds a permit issued under Chapter 12 or 13 or a license issued under Chapter 62 or 63 shall verify to...
- Texas Section 102.31 - Cash Payment Required
(a) This section applies to: (1) the sale of beer or its containers or the original packages in which it is received, packaged, or contained...
SUBCHAPTER C TERRITORIAL LIMITS ON SALE OF BEER
- Texas Section 102.32 - Sale Of Liquor: Credit Restrictions
(a) In this section: (1) "Wholesale dealer" means a wholesaler, class B wholesaler, winery, wine bottler, or local distributor's permittee. (2) "Retailer" means a package...
- Texas Section 102.51 - Setting Of Territorial Limits
(a) Each holder of a manufacturer's or nonresident manufacturer's license shall designate territorial limits in this state within which the brands of beer the licensee...
- Texas Section 102.52 - Rights Of Distributors
Nothing in Section 102.51 of this code limits or alters the right of a holder of a general, local, or branch distributor's license to sell...
- Texas Section 102.53 - Rights Of Retailers
Nothing in Section 102.51 or 102.52 of this code limits or alters the right of a holder of a retail license or permit to purchase...
- Texas Section 102.54 - Additional Requirements For Applicants For Distributor's License
(a) In addition to any other requirements necessary for issuance or renewal of a distributor's license, the commission or administrator shall require an applicant for...
- Texas Section 102.55 - Territorial Assignments; Definitions
(a) In this subchapter and Subchapter D, and as the terms relate to an agreement between a manufacturer and a distributor describing the sales territory...
SUBCHAPTER D BEER INDUSTRY FAIR DEALING LAW
- Texas Section 102.56 - Application Of Territorial Limits To Certain Permit Holders
(a) This section applies only to a holder of a local distributor's permit under Chapter 23 that operates in a county in which 8,000 or...
- Texas Section 102.71 - Definitions
In this subchapter: (1) "This Act" means this subchapter which shall have the short title and may be cited as the "Beer Industry Fair Dealing...
- Texas Section 102.72 - Purposes
(a) This Act is promulgated pursuant to authority of the state under the provisions of the 21st amendment to the United States Constitution to promote...
- Texas Section 102.73 - Termination And Notice Of Cancellation
(a) Except as provided in Subsection (c) of this section, and except as may be specifically agreed upon at the time by the parties, no...
- Texas Section 102.74 - Cancellation
No manufacturer or beer distributor may cancel, fail to renew, or otherwise terminate an agreement unless the party intending such action has good cause for...
- Texas Section 102.75 - Prohibited Conduct
(a) No manufacturer shall: (1) induce or coerce, or attempt to induce or coerce, any distributor to engage in any illegal act or course of...
- Texas Section 102.76 - Transfer Of Business Assets Or Stock
(a) No manufacturer shall unreasonably withhold or delay its approval of any assignment, sale, or transfer of the stock of a distributor or all or...
- Texas Section 102.77 - Reasonable Compensation
(a) Any manufacturer who, without good cause, cancels, terminates, or fails to renew any agreement, or unlawfully denies approval of, or unreasonably withholds consent, to...
- Texas Section 102.78 - Right Of Free Association
No manufacturer or distributor shall restrict or inhibit, directly or indirectly, the right of free association among manufacturers or distributors for any lawful purpose. Added...
- Texas Section 102.79 - Judicial Remedies
(a) If a manufacturer or distributor who is a party to an agreement pursuant to Section 102.51 of this code fails to comply with this...
- Texas Section 102.80 - Coverage And Effective Date
This Act shall cover agreements in existence on the date of enactment of this Act and also shall apply to agreements entered into and any...
- Texas Section 102.81 - Ale And Malt Liquor
This subchapter and Subchapter C of this chapter apply to agreements concerning ale and malt liquor in the same manner as they apply to agreements...
- Texas Section 102.82 - Statute Of Limitations
A person must bring suit on an action arising under this chapter not later than four years after the day the cause of action accrues....
Last modified: September 28, 2016