A winery permit holder may manufacture, sell, import, sample, and dispense wine, and may make limited fruit brandy and custom wine for adults, subject to listed limits and conditions.
Sec. 16.01. AUTHORIZED ACTIVITIES. (a) Except as provided by Section 16.011, the holder of a winery permit may: (1) manufacture, bottle, label, and package wine containing not more than 24 percent alcohol by volume; (2) manufacture fruit brandy and: (A) use that brandy on the winery permit holder's permitted premises for fortifying purposes only; or (B) sell that brandy to other winery permit holders; (3) import or buy fruit brandy from a permit holder authorized to manufacture fruit brandy and use that brandy on the winery permit holder's permitted premises for fortifying purposes only; (4) sell wine in this state to or buy wine from permit holders authorized to purchase and sell wine, including holders of wholesaler's permits and winery permits; (5) sell wine to ultimate consumers: (A) for consumption on the winery premises; or (B) in unbroken packages for off-premises consumption in an amount not to exceed 35,000 gallons annually; (6) sell the wine outside this state to qualified persons; (7) blend wines; (8) dispense free wine for consumption on the winery premises; and (9) purchase and import wine from the holder of a nonresident seller's permit. (b) The holder of a winery permit may manufacture and label wine for an adult in an amount not to exceed 50 gallons annually for the personal use of the adult. Any amount of wine produced under this subsection is included in the annual total amount that may be sold by the holder under Subsection (a)(5). An adult for whom wine is manufactured and labeled under this subsection is not required to hold a license or permit issued under this code. (c) The holder of a winery permit may conduct wine samplings, including wine tastings at a retailer's premises. A winery employee may open, touch, or pour wine, make a presentation, or answer questions at a wine sampling. Without reference to the amendment of subsec. (d) by Acts 2003, 78th Leg., ch. 1051, Sec. 1, Acts 2003, 78th Leg., ch. 1119, Sec. 3 repealed subsec. (d) (d) The holder of a winery permit may sell wine to ultimate consumers for consumption on or off winery premises and dispense free wine for consumption on or off the winery premises. (e) The holder of a winery permit may dispense wine for consumption on the premises of the winery under Section 16.07. Acts 1977, 65th Leg., p. 416, ch. 194, Sec. 1, eff. Sept. 1, 1977. Amended by Acts 1979, 66th Leg., p. 2116, ch. 819, Sec. 1, eff. June 13, 1979; Acts 1981, 67th Leg., p. 2212, ch. 515, Sec. 1, eff. Aug. 31, 1981; Acts 1993, 73rd Leg., ch. 934, Sec. 27, eff. Sept. 1, 1993; Acts 1997, 75th Leg., ch. 998, Sec. 1, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 1257, Sec. 1, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1051, Sec. 1, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1119, Sec. 1, 3, eff. Sept. 13, 2003. Amended by: Acts 2009, 81st Leg., R.S., Ch. 275 (S.B. 529), Sec. 1, eff. September 1, 2009. Acts 2013, 83rd Leg., R.S., Ch. 1190 (S.B. 1090), Sec. 7, eff. September 1, 2013. Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 66, eff. September 1, 2019.