Texas Alcoholic Beverage Code 102.71 – Definitions
Terms Used In Texas Alcoholic Beverage Code 102.71
- Brewer: means a person engaged in the brewing of malt beverages, whether located inside or outside the state. See Texas Alcoholic Beverage Code 1.04
- Contract: A legal written agreement that becomes binding when signed.
- 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
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
In this subchapter:
(1) “This Act” means this subchapter which shall have the short title and may be cited as the “Malt Beverage Industry Fair Dealing Law.”
(2) “Agreement” means any contract, agreement, or arrangement, whether expressed or implied, whether oral or written, for a definite or indefinite period between a brewer and a distributor pursuant to which a distributor has the right to purchase, resell, and distribute any brand or brands of malt beverage offered by a brewer.
(3) “Distributor” means those persons licensed under § 64.01 or 65.01 of this code.
(4) “Brewer” means those persons licensed under § 62.01, 63.01, or 74.01.
(6) “Good cause” means the failure by any party to an agreement, without reasonable excuse or justification, to comply substantially with an essential, reasonable, and commercially acceptable requirement imposed by the other party under the terms of an agreement.
(5) “Territory” or “sales territory” means the geographic area of distribution and sale responsibility designated by an agreement between a distributor and brewer, as provided in § 102.51 of this code, for any brands of the brewer.