Texas Alcoholic Beverage Code
Sec.
§
103.08
Sale of Beer
(a)
Any beer, its container, or its packaging which is seized under the terms of this chapter shall be disposed of in accordance with this section.
(b)
On notification that beer has been seized, the commission shall promptly notify a holder of a general, local, or branch distributors license who handles the brand of beer seized and who operates in the county in which it was seized. If the beer was seized in a dry area, the commission shall notify either the general, local, or branch distributor who handles the brand operating nearest the area or the manufacturer brewing the beer. The commission and the distributor or manufacturer shall jointly determine whether the beer is in a salable condition.
(c)
If the beer is determined not to be in a salable condition, the commission shall immediately destroy it. If it is determined to be in a salable condition, it shall be offered for sale to the distributor or manufacturer. If offered to a distributor, the beer shall be sold at the distributors cost price less any state taxes which have been paid on the beer, F.O.B. the distributors place of business. If the beer is offered to a manufacturer, it shall be sold at the manufacturers cost price to its nearest distributor, less any state taxes which have been paid on the beer, F.O.B., the nearest distributors place of business. In either case, the storage or warehousing charges necessarily incurred as a result of the seizure shall be added to the cost price.
(d)
If the distributor or manufacturer does not exercise the right to purchase salable beer or to purchase returnable bottles, containers, or packages at their deposit price within 10 days, the commission shall sell the beer, bottles, containers, or packages at public or private sale as provided in this chapter.Acts 1977, 65th Leg., p. 506, ch. 194, Sec. 1, eff. Sept. 1, 1977.Amended by:Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 319, eff. September 1, 2021.
(b)
On notification that the malt beverage has been seized, the commission shall promptly notify a holder of a general or branch distributors license who handles the brand of malt beverage seized and who operates in the county in which it was seized. If the malt beverage was seized in a dry area, the commission shall notify either the general or branch distributor who handles the brand operating nearest the area or the brewer brewing the malt beverage. The commission and the distributor or brewer shall jointly determine whether the malt beverage is in a salable condition.
(c)
If the malt beverage is determined not to be in a salable condition, the commission shall immediately destroy it. If it is determined to be in a salable condition, it shall be offered for sale to the distributor or brewer. If offered to a distributor, the malt beverage shall be sold at the distributors cost price less any state taxes which have been paid on the malt beverage, F.O.B. the distributors place of business. If the malt beverage is offered to a brewer, it shall be sold at the brewers cost price to its nearest distributor, less any state taxes which have been paid on the malt beverage, F.O.B., the nearest distributors place of business. In either case, the storage or warehousing charges necessarily incurred as a result of the seizure shall be added to the cost price.
(d)
If the distributor or brewer does not exercise the right to purchase salable malt beverages or to purchase returnable bottles, containers, or packages at their deposit price within 10 days, the commission shall sell the malt beverages, bottles, containers, or packages at public or private sale as provided in this chapter.Acts 1977, 65th Leg., p. 506, ch. 194, Sec. 1, eff. Sept. 1, 1977.Amended by:Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 319, eff. September 1, 2021.