16 Tex. Admin. Code § 41.54 - Locker Systems

(a) This section relates to §§ 32.05, 32.10, and 32.13 of the Alcoholic Beverage Code.

(b) A club may allow its members to store their privately-owned alcoholic beverages in secure lockers on the club premises.

(c) All alcoholic beverages owned by each member under the locker system must be kept in a locker rented only to such member at all times, except when the member, one of the member's family or the member's guest is present on the premises and using such alcoholic beverages. This section does not apply to fraternal organizations or to veterans' organizations.

(d) The club will be assessed gross receipts taxes on alcoholic beverages kept in member lockers based upon storage fees, corkage fees, and/or service fees collected by the club.

(e) The club must keep the following records on the premises for at least two years and must make available to the TABC upon reasonable request:

(1) receipts or other records of storage fees, corkage fees, and/or service fees collected;

(2) an inventory of each alcoholic beverage stored in a member locker, including the brand and container size of distilled spirits, locker number, and member name or other unique identifier, such as a membership number; and

(3) with respect to distilled spirits, the inventory must include other identification approved by the commission sufficient to demonstrate that the distilled spirit is owned by the member.

(f) Once stored, members may not remove an alcoholic beverage from the club premises except as authorized by § 32.15 of the Alcoholic Beverage Code.

Notes

16 Tex. Admin. Code § 41.54

The provisions of this §41.54 adopted to be effective March 7, 1996, 21 TexReg 1532; Adopted by Texas Register, Volume 41, Number 15, April 8, 2016, TexReg 2591, eff. 4/17/2016; Amended by Texas Register, Volume 45, Number 23, June 5, 2020, TexReg 3769, eff. 6/9/2020; Adopted by Texas Register, Volume 46, Number 49, December 3, 2021, TexReg 8246, eff. 12/6/2021