16 Tex. Admin. Code § 33.45 - Bonds for Alternating Brewery Proprietorships and Contract Brewing Arrangements
(a) This section
relates to Alcoholic Beverage Code §§
62.14 and
63.05.
(b) A bond in the amount of $30,000 must be
posted with the commission by each applicant for or holder of a brewer's
license or nonresident brewer's license that:
(1) is a party to an alternating brewery
proprietorship or a contract brewing arrangement; and
(2) does not own a fee interest in a brewing
facility, whether domestic or foreign.
(c) A licensee who was not subject to the
bond requirements of subsection (b) of this section at the time of application
must post the required bond at the time it becomes subject to those
requirements.
(d) The licensee may,
within 30 days of the notice specified in §
33.40(l)(1) of
this title request a hearing on the question of whether the criteria
established by this section for forfeiture of a bond have been satisfied. The
hearing shall be conducted in accordance with Chapter 2001 of the Government
Code.
(e) Release of Surety. A
license holder may request release and return of the surety required by
subsection (b) of this section upon:
(1)
expiration of the license;
(2)
voluntary cancellation of the license;
(3) verification that the applicant or
license holder has acquired fee interest in a brewing facility (as appropriate
in reference to subsection (b) of this section); or
(4) verification that the license holder no
longer is a party to an alternating brewery proprietorship or contract brewing
arrangement.
(f) The
commission may seek forfeiture of a bond under this section for a violation of
any one or more of the terms of the bond.
Notes
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(a) This section relates to Alcoholic Beverage Code §§ 11.71, 12.01(a)(6), 13.04(c), 61.41(d) and 62.01(a)(5).
(b) A bond in the amount of $30,000 must be posted with the commission by each applicant for or holder of a brewer's license or nonresident brewer's license that:
(1) is a party to an alternating brewery proprietorship or a contract brewing arrangement; and
(2) does not own a fee interest in a brewing facility, whether domestic or foreign.
(c) A licensee or permittee who was not subject to the bond requirements of subsection (b) or (c) of this section at the time of application must post the required bond at the time it becomes subject to those requirements.
(d) The licensee or permittee may, within 30 days of the notice specified in § 33.40(l)(1) of this title, request a hearing on the question of whether the criteria established by this section for forfeiture of a bond have been satisfied. The hearing shall be conducted in accordance with Chapter 2001 of the Government Code.
(e) Release of Surety. A license or permit holder may request release and return of the surety required by subsection (b) or (c) of this section upon:
(1) expiration of the license or permit ;
(2) voluntary cancellation of the license or permit ;
(3) verification that the applicant or license or permit holder has acquired fee interest in a brewing or manufacturing facility (as appropriate in reference to subsections (b) and (c) of this section); or
(4) verification that the license or permit holder no longer is a party to an alternating brewery proprietorship or contract brewing arrangement.
(f) The commission may seek forfeiture of a bond under this section for a violation of any one or more of the terms of the bond.