A holder of a manufacturer's agent's warehousing permit may receive, store, ship, sell, transfer, and return malt beverages, subject to the stated distributor and out-of-state recipient limits.
Sec. 55.01. AUTHORIZED ACTIVITIES. (a) The holder of a manufacturer's agent's warehousing permit may: (1) receive malt beverages from the holder of a nonresident brewer's license and store the alcoholic beverages on the permitted premises; (2) ship, cause to be shipped, sell, and otherwise transfer the malt beverages to licensed distributors in this state and to persons outside this state who are qualified to receive the malt beverages under the regulatory laws of the state or other jurisdiction in which the malt beverages are received; and (3) return malt beverages to the brewer from which they were originally received. (b) The holder of a manufacturer's agent's warehousing permit may ship only to distributors in this state who have been issued a territorial designation by the actual brewer of the brand or brands to be shipped. This territorial designation for the sale of malt beverages must be under and a part of the agreement entered into between the actual brewer of the brand and the distributor under Subchapters C and D, Chapter 102. This chapter does not affect the requirement that the actual brewer, and the agreement between the actual brewer and the distributor, comply with Subchapters C and D, Chapter 102. (c) Malt beverages received at premises permitted under this chapter that are not labeled and approved for sale in this state may be held and stored at the premises and may be shipped from the premises if the malt beverages are consigned and transported to qualified persons in other states or jurisdictions where their sale is legal. (d) The provisions of this code related to the residency of an applicant for a permit do not apply to a permit under this chapter. Added by Acts 2007, 80th Leg., R.S., Ch. 247 (H.B. 2727), Sec. 1, eff. September 1, 2007. Amended by: Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 157, eff. September 1, 2021.