(a) The preceding sections of this subchapter shall not be construed as preventing the commission from exercising its discretion if illicit alcoholic beverages are seized as the result of an accidental shipment or other reasonable mistake. Under those circumstances, the commission may issue orders and make disposition of the alcoholic beverages as it finds just and reasonable.
(b) It is a defense to prosecution or to the imposition of a civil or administrative penalty for a violation under this chapter that:
(1) the holder of a package store permit or the holder of a local distributor’s permit:
(A) purchased an illicit beverage from a vintage distilled spirits seller under § 22.19 or 23.07 in good faith;
(B) reasonably believed the illicit beverage was vintage distilled spirits at all times the beverage was in the permit holder’s possession; and
(C) sold the illicit beverage to an authorized purchaser in good faith; and
(2) an authorized purchaser, to whom the holder of a package store permit or local distributor’s permit sold an illicit beverage, reasonably believed the beverage was vintage distilled spirits and not an illicit beverage.

Terms Used In Texas Alcoholic Beverage Code 103.10

  • Commission: means the Texas Alcoholic Beverage Commission. See Texas Alcoholic Beverage Code 1.04
  • Distilled spirits: means alcohol, spirits of wine, whiskey, rum, brandy, gin, or any liquor produced in whole or in part by the process of distillation, including all dilutions or mixtures of them, and includes spirit coolers that may have an alcoholic content as low as four percent alcohol by volume and that contain plain, sparkling, or carbonated water and may also contain one or more natural or artificial blending or flavoring ingredients. See Texas Alcoholic Beverage Code 1.04
  • Illicit beverage: means an alcoholic beverage:
    (A) manufactured, distributed, bought, sold, bottled, rectified, blended, treated, fortified, mixed, processed, warehoused, stored, possessed, imported, or transported in violation of this code;
    (B) on which a tax imposed by the laws of this state has not been paid and to which the tax stamp, if required, has not been affixed; or
    (C) possessed, kept, stored, owned, or imported with intent to manufacture, sell, distribute, bottle, rectify, blend, treat, fortify, mix, process, warehouse, store, or transport in violation of this code. See Texas Alcoholic Beverage Code 1.04
  • Vintage distilled spirits: means distilled spirits that:
    (A) are in the original manufacturer's sealed container, including a bottle or case of bottles;
    (B) are not owned by the holder of a distiller's and rectifier's permit or the holder of a nonresident seller's permit;
    (C) are not otherwise available for purchase from the holder of a wholesaler's permit;
    (D) have not been offered for sale by the holder of a wholesaler's permit within the preceding five years; and
    (E) are possessed by a person in this state. See Texas Alcoholic Beverage Code 1.04
  Previous section
Next section  
 Chapter 103 Contents