Texas Alcoholic Beverage Code 201.02 – “First Sale” Defined
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Terms Used In Texas Alcoholic Beverage Code 201.02
- 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
- 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
In this subchapter, “first sale”:
(1) as applied to liquor imported into this state by the holder of a wholesaler’s permit authorizing importation, means the first actual sale by the permittee to the holder of any other permit authorizing the retail sale of the beverage or to the holder of a local distributor’s permit; and
(2) as applied to all other liquor, means the first sale, possession, distribution, or use in this state, except that the term does not include the first sale by:
(A) the holder of a winery permit to another holder of a winery permit or the holder of a wholesaler’s permit; or
(B) the holder of a distiller’s and rectifier’s permit to the holder of a wholesaler’s permit.