Tex. Alcoh. Bev. Code Section 102.04
Persons Barred from Interest in Mixed Beverage Business


(a)

This section applies to any person who has an interest in the business of a distiller-rectifier, wholesaler, class B wholesaler, winery, or local distributor’s permittee. This section also applies to the agent, servant, or employee of a person who has an interest in one of those businesses.

(b)

Except as permitted in Section 23.01 (Authorized Activities) of this code, no person to whom this section applies may:

(1)

have a direct or indirect interest in the business, premises, equipment, or fixtures of a mixed beverage establishment;

(2)

furnish or lend any money, service, or other thing of value to a mixed beverage permittee or guarantee the fulfillment of a financial obligation of a mixed beverage permittee;

(3)

enter or offer to enter into an agreement, condition, or system which in effect amounts to the shipment and delivery of alcoholic beverages on consignment;

(4)

furnish, rent, lend, or sell to a mixed beverage permittee any equipment, fixtures, or supplies used in the selling or dispensing of alcoholic beverages;

(5)

pay or make an allowance to a mixed beverage permittee for a special advertising or distributing service, or allow the permittee an excessive discount;

(6)

offer to a mixed beverage permittee a prize, premium, or other inducement, except as permitted by Section 102.07 (Prohibited Dealings with Retailer or Consumer)(b) of this code; or

(7)

advertise in the convention program or sponsor a function at a meeting or convention or a trade association of holders of mixed beverage permits, unless the trade association was incorporated before 1950.
Acts 1977, 65th Leg., p. 499, ch. 194, Sec. 1, eff. Sept. 1, 1977. Amended by Acts 1977, 65th Leg., p. 1183, ch. 453, Sec. 9, eff. Sept. 1, 1977; Acts 1979, 66th Leg., p. 2118, ch. 819, Sec. 10, eff. June 13, 1979; Acts 1983, 68th Leg., p. 1352, ch. 278, Sec. 53, eff. Sept. 1, 1983.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 282, eff. September 1, 2021.

Source: Section 102.04 — Persons Barred from Interest in Mixed Beverage Business, https://statutes.­capitol.­texas.­gov/Docs/AL/htm/AL.­102.­htm#102.­04 (accessed Apr. 20, 2024).

102.01
Tied House Prohibited
102.02
Providing Samples
102.03
Persons Barred from Interest in Premises of Retail Liquor Outlet
102.04
Persons Barred from Interest in Mixed Beverage Business
102.05
Hotel: Multiple Interests Authorized
102.06
Relationship Between Agent and Package Store
102.07
Prohibited Dealings with Retailer or Consumer
102.08
Wholesaler: Liquor Manufactured by Affiliate
102.09
Wholesaler: Interest in Distiller and Rectifier
102.10
Distiller and Rectifier: Interest in Wholesaler
102.11
Brewer or Distributor: Prohibited Interests
102.12
Commercial Bribery by Brewer or Distributor
102.13
Exclusive Outlet Agreement as to Brewery Products
102.14
Brewer or Distributor: Furnishing Equipment or Fixtures
102.15
Brewer or Distributor: Prohibited Dealings with Retailer
102.16
Unlawful Agreements
102.17
Contract for Sale of Liquor
102.18
Brewer: Prohibited Interests
102.19
Promotional Gift Wine
102.20
Restocking and Rotation of Alcoholic Beverages Authorized
102.21
Continuity of Certain Protections for Malt Beverage Distributors
102.22
Verification of Use of Facilities
102.31
Cash Payment Required
102.32
Sale of Liquor: Credit Restrictions
102.51
Setting of Territorial Limits
102.52
Rights of Distributors
102.53
Rights of Retailers
102.54
Additional Requirements for Applicants for Distributor’s License
102.55
Territorial Assignments
102.56
Application of Territorial Limits to Certain Permit Holders
102.71
Definitions
102.071
Sale of Glassware and Nonalcoholic Beverages
102.72
Purposes
102.73
Termination and Notice of Cancellation
102.74
Cancellation
102.75
Prohibited Conduct
102.76
Transfer of Business Assets or Stock
102.77
Reasonable Compensation
102.78
Right of Free Association
102.79
Judicial Remedies
102.80
Coverage and Effective Date
102.81
Malt Beverages
102.82
Statute of Limitations

Accessed:
Apr. 20, 2024

§ 102.04’s source at texas​.gov