This section allows certain distiller’s and rectifier’s permit holders, and their agents or employees, to provide distilled spirits samples or tastings to retail permit holders, but it limits what can be done and forbids retail-side sampling unless the distiller side is present.
Sec. 14.07. RETAILER SAMPLING. (a) Subject to this section and notwithstanding any other provision of this code, the holder of a distiller's and rectifier's permit or the agent or employee of the holder of a distiller's and rectifier's permit may: (1) provide a sample of distilled spirits to the holder of a retail permit authorizing the sale of distilled spirits or an agent or employee of the holder of the retail permit; or (2) provide a distilled spirits product tasting on the retailer's premises, including the opening, touching, or pouring of distilled spirits, for the holder of the retail permit or an agent or employee of the holder of the retail permit. (b) The holder of the distiller's and rectifier's permit or the agent or employee of the holder of the distiller's and rectifier's permit may make a presentation or answer questions at a distilled spirits tasting provided under Subsection (a). (c) The holder of a retail permit authorizing the sale of distilled spirits or an agent or employee of the permit holder may not sample or taste a distilled spirit provided under this section on the permitted retail premises unless: (1) the holder of the distiller's and rectifier's permit is present; or (2) an agent or employee of the holder of the distiller's and rectifier's permit is present. (d) The distilled spirits provided as a sample or at a tasting under Subsection (a): (1) must be manufactured by the holder of the distiller's and rectifier's permit; (2) may not be of a brand previously purchased by the holder of the retailer's permit unless the spirits were purchased and used for educational or training purposes; (3) must be limited to 750 milliliters of each brand provided as a sample or at a tasting; and (4) must meet all labeling requirements of this code. (e) Distilled spirits may legally be transported by the holder of the distiller's and rectifier's permit or the permit holder's agent or employee to a retail premises for the purpose of providing a sample or a tasting under this section. (f) The cost of the distilled spirits provided for a sampling or tasting under this section is the responsibility of the holder of the distiller's and rectifier's permit providing the sampling or tasting. (g) The holder of a distiller's and rectifier's permit or the agent or employee of the holder of a distiller's and rectifier's permit may not negotiate price or establish agreements while providing samples or tastings under this section. Added by Acts 2019, 86th Leg., R.S., Ch. 792 (H.B. 1997), Sec. 1, eff. September 1, 2019.