A distiller and rectifier permit holder may sell distilled spirits to ultimate consumers under stated location and packaging limits, but must follow per-customer, in-person, recordkeeping, and labeling rules.
Sec. 14.05. SALES TO ULTIMATE CONSUMERS. (a) The holder of a distiller's and rectifier's permit whose permitted premises is located in an area where the sale of alcoholic beverages is legal as provided by a ballot issue approved by the voters under Section 501.035(b)(7), (8), or (9), Election Code, may sell to ultimate consumers for consumption on the permitted premises distilled spirits manufactured or rectified by the permit holder in an amount not to exceed 3,000 gallons annually. (b) The holder of a distiller's and rectifier's permit may sell distilled spirits manufactured by the permit holder to ultimate consumers for off-premises consumption in unbroken packages containing not more than 750 milliliters of distilled spirits for off-premises consumption in an amount not to exceed 3,500 gallons annually if: (1) for a permit issued on or after September 1, 2013, the permitted premises is located in an area where the sale of alcoholic beverages is legal as provided by a ballot issue approved by the voters under Section 501.035(b)(5), (6), or (7), Election Code; or (2) for a permit issued before September 1, 2013, the permitted premises is located in an area where the sale of alcoholic beverages is legal as provided by a ballot issue approved by the voters under Section 501.035(b)(5), (6), (7), (8), or (9), Election Code. (c) The holder of a distiller's and rectifier's permit may not under Subsection (b) sell more than four 750 milliliter bottles of distilled spirits or the equivalent to the same consumer within a 30-day period. (d) A sale under Subsection (b): (1) may be made only to an individual who is physically present at the permit holder's premises; and (2) must be delivered to the purchaser in person during the purchaser's visit. (e) A person may not make a purchase under Subsection (b) as an agent for another person. (f) The permit holder must keep records of sales in a manner that enables the permit holder to comply with this section. (g) A bottle of distilled spirits sold on the permit holder's premises under Subsection (b) must bear a notice affixed to the bottle that: (1) does not obscure the label approved by the Alcohol and Tobacco Tax and Trade Bureau; (2) states that the bottle is commemorative; (3) states the month and year the bottle is sold; and (4) is signed by an agent of the permit holder. Added by Acts 2013, 83rd Leg., R.S., Ch. 106 (S.B. 905), Sec. 3, eff. September 1, 2013. Amended by: Acts 2015, 84th Leg., R.S., Ch. 611 (S.B. 808), Sec. 3, eff. September 1, 2015. Acts 2023, 88th Leg., R.S., Ch. 41 (S.B. 2284), Sec. 1, eff. September 1, 2023.