(a) All distilled spirits and vintage distilled spirits sold by a holder of a mixed beverage permit must be purchased from a holder of a local distributor’s permit in the county in which the premises of a mixed beverage permittee is located.
(b) If a holder of a mixed beverage permit is in a county where there are no local distributors, the permit holder may purchase alcoholic beverages in the nearest county where local distributors are located and may transport them to the permit holder’s premises. The transporter may acquire the alcoholic beverages only on the written order of the holder of the mixed beverage permit. The alcoholic beverages must be accompanied by a written statement furnished and signed by the local distributor showing the name and address of the consignee and consignor, the origin and destination of the shipment, and any other information required by the commission or administrator. The person in charge of the alcoholic beverages while they are being transported shall exhibit the written statement to any representative of the commission or any peace officer on demand, and the statement shall be accepted by the representative or officer as prima facie evidence of the lawful right to transport the alcoholic beverages.

Terms Used In Texas Alcoholic Beverage Code 28.07

  • 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
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Mixed beverage: means one or more servings of a beverage composed in whole or part of an alcoholic beverage in a sealed or unsealed container of any legal size for consumption on the premises where served or sold by the holder of a mixed beverage permit, the holder of certain nonprofit entity temporary event permits, the holder of a private club registration permit, or the holder of certain retailer late hours certificates. 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
  • Person: means a natural person or association of natural persons, trustee, receiver, partnership, corporation, organization, or the manager, agent, servant, or employee of any of them. See Texas Alcoholic Beverage Code 1.04
  • Premises: has the meaning given it in § 11. See Texas Alcoholic Beverage Code 1.04
  • Signed: includes any symbol executed or adopted by a person with present intention to authenticate a writing. See Texas Government Code 311.005
  • 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
  • Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005

(c) If a mixed beverage permittee’s premises are located in a regional airport governed by a board, commission, or authority composed of members from two or more counties, and there is no local distributor at the airport, the mixed beverage permittee may purchase alcoholic beverages from any local distributor in a trade area served by the airport and transport the alcoholic beverages to the permit holder’s licensed premises. The transportation of the beverages must be in accordance with Subsection (b).
(d) The holder of a mixed beverage permit may transfer alcoholic beverages from the place of purchase to the permitted premises as provided in this code.

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