(a) Notwithstanding any other provision of this code, the holder of a wholesaler’s permit or distributor’s license or the holder’s agent, representative, or employee may furnish or give a sample of liquor or malt beverages to a holder of a permit or license authorizing the sale of that category of alcoholic beverage at retail if the retail permittee or licensee has not previously purchased that brand from that wholesaler permittee or distributor licensee.
(b) The liquor or malt beverages provided as a sample under Subsection (a) may not be more than:
(1) 750 milliliters of any brand of distilled spirits;
(2) three liters of any brand of wine; and
(3) 72 ounces of any brand of malt beverage.

Terms Used In Texas Alcoholic Beverage Code 102.02

  • Alcoholic beverage: means alcohol, or any beverage containing more than one-half of one percent of alcohol by volume, which is capable of use for beverage purposes, either alone or when diluted. 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
  • Licensee: means a person who is the holder of a license provided in this code, or any agent, servant, or employee of that person. See Texas Alcoholic Beverage Code 1.04
  • Liquor: means any alcoholic beverage, other than a malt beverage, containing alcohol in excess of five percent by volume, unless otherwise indicated. See Texas Alcoholic Beverage Code 1.04
  • Malt beverage: means a fermented beverage of any name or description containing one-half of one percent or more of alcohol by volume, brewed or produced from malt, in whole or in part, or from any malt substitute. See Texas Alcoholic Beverage Code 1.04
  • Permittee: means a person who is the holder of a permit provided for in this code, or an agent, servant, or employee of that person. See Texas Alcoholic Beverage Code 1.04
  • Premises: has the meaning given it in § 11. See Texas Alcoholic Beverage Code 1.04

(c) The holder of a retail permit or license authorizing the sale of liquor or malt beverages or the permittee’s or licensee’s agent, servant, or employee may sample the alcoholic beverage provided under Subsection (a) on the permitted or licensed retail premises only if:
(1) the holder of the wholesaler’s permit or distributor’s license is present; or
(2) the wholesaler’s or distributor’s agent, servant, or employee is present.

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