(a) This section applies to a permittee or licensee who is authorized to sell malt beverages to an ultimate consumer for consumption off the permitted or licensed premises.
(b) The holder of a permit or license described in Subsection (a) may resell malt beverages only in the packaging in which the holder received the malt beverages or may resell the contents of the packages as individual containers.

Terms Used In Texas Alcoholic Beverage Code 104.05

  • 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
  • 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
  • Consignment sale: means :
    (A) the delivery of alcoholic beverages under an agreement, arrangement, condition, or system by which the person receiving the beverages has the right at any time to relinquish possession to them or to return them to the shipper and in which title to the beverages remains in the shipper;
    (B) the delivery of alcoholic beverages under an agreement, arrangement, condition, or system by which the person designated as the receiver merely acts as an intermediary for the shipper or seller and the actual receiver;
    (C) the delivery of alcoholic beverages to a factor or broker;
    (D) any method employed by a shipper or seller by which a person designated as the purchaser of alcoholic beverages does not in fact purchase the beverages;
    (E) any method employed by a shipper or seller by which a person is placed in actual or constructive possession of an alcoholic beverage without acquiring title to the beverage; or
    (F) any other type of transaction which may legally be construed as a consignment sale. 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
  • 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) Except for purposes of resale as individual containers, a licensee or permittee may not:
(1) mutilate, tear apart, or cut apart original packaging in which malt beverages were received; or
(2) repackage malt beverages in a manner misleading to the consumer or that results in required labeling being omitted or obscured.
(d) Nothing in this code prevents a retailer from making a claim for the replacement of alcoholic beverages delivered to the retailer by a wholesaler or distributor in a damaged condition. A wholesaler or distributor may not give a refund for or replace alcoholic beverages that were damaged while in the possession of the retailer.
(e) To assure and control product quality, the holder of a distributor’s license, at the time of a regular delivery, may withdraw, with the permission of the retailer, a quantity of malt beverages in its undamaged original packaging from the retailer’s stock, if:
(1) the distributor replaces the stock with malt beverages of identical brands, quantities, and packages as the malt beverages withdrawn;
(2) the stock is withdrawn before the date considered by the brewer of the product to be the date the product becomes inappropriate for sale to a consumer; and
(3) the quantity of stock withdrawn does not exceed the equivalent of 25 cases of 24 12-ounce containers.
(f) A consignment sale of an alcoholic beverage is not authorized under Subsection (e) of this section.

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