16 Tex. Admin. Code § 33.76 - File and Use Notifications

(a) To qualify to use a File and Use Notification, the notification must include:

(1) all information requested by the commission; and

(2) a sworn statement that:

(A) the estimated total wholesale value of the alcohol to be provided or sold at the event is less than $10,000;

(B) the estimated attendance at the event is not more than 500 persons;

(C) the event is private, and not open to the general public;

(D) the event is not sponsored by a member of the wholesale tier or the manufacturing tier, unless the event is conducted pursuant to Chapters 14 or 16 of the Alcoholic Beverage Code;

(E) the owner of the premises where the event will be held has authorized the sale or service of alcohol at the event; and

(F) verifies the wet/dry status of the governing jurisdiction where the event will be held.

(b) Except as provided by § 33.71(e) of this title, an event that does not meet the criteria in subsection (a)(2) of this section requires approval by the commission.

(c) A File and Use Notification does not require approval by the commission and may be submitted less than ten days before the event without incurring a late filing fee.

(d) In connection with a notification filed under subsection (a) of this section, the commission may require a letter from the owner of the property where the event will be held, sponsorship and/or promoter agreements, a diagram or site maps, local governmental authorization, and any other documents or agreements needed to determine qualifications under the Code.

(e) Persons using a File and Use Notification must keep the following records for four years and provide them to the commission upon request:

(1) records of the dollar amount of alcohol purchased and sold/served at the event;

(2) the number of event attendees; and

(3) an agreement or contract between the permit holder and the venue authorizing the event, including the event date, hire date, type of event, and a copy of any invitation to the event or obituary for a funeral-related event.

Notes

16 Tex. Admin. Code § 33.76

Adopted by Texas Register, Volume 45, Number 49, December 4, 2020, TexReg 8771, eff. 9/1/2021; Amended by Texas Register, Volume 49, Number 06, February 9, 2024, TexReg 0658, eff. 2/12/2024