16 Tex. Admin. Code § 45.113 - Gifts, Services and Sales
(a)
General.
(1) This rule is promulgated
pursuant to §
108.04 of the
Alcoholic Beverage Code to relax certain restrictions and prohibitions set
forth in §§102.14, 102.15 and 108.06 of the code.
(2) This rule applies to buyers, sellers and
consumers of malt beverages.
(b) Gifts to Consumers. Brewers, nonresident
brewers, and distributors may furnish novelty items and malt beverages to
consumers.
(1) Novelty items are things
designed to advertise or promote a specific product or brand. Such items may
have a utilitarian function in addition to product promotion.
(2) Such items may not exceed a value of
$1.00 per unit wholesale cost.
(3)
Malt beverages may be purchased for consumers provided that such beverages are
consumed at retail licensed premises in the presence of the purchaser. Such
purchases shall not be excessive. All members of the manufacturing and
distribution tiers participating in promotions authorized by this paragraph
must be an employee or agent of a brewer, nonresident brewer, or distributor or
a promotional permit holder contracting with a brewer or nonresident
brewer.
(4) The executive director
may grant specific approval for sampling tests designed to determine consumer
taste preferences. The executive director may impose such conditions as they
deem necessary.
(5) Brewers and
distributors may, as a social courtesy, give malt beverages and other things of
value to unlicensed persons who are not employed or affiliated with the holder
of a retail license or permit.
(c) Promotional items sold to retailers.
Distributors and brewers authorized to sell to retailers may sell promotional
items to retailers.
(1) Promotional items are
things designed to promote a specific product or brand and are further designed
for use by the consumer, either on or off the retailer's premises.
(2) Promotional items sold must bear a
manufacturer's logo, brand or product name.
(3) Promotional items may not be sold for
less than the item producer's regularly published wholesale price. Payment must
be in cash, paid on or before delivery.
(d) Signs provided to retailers.
(1) Distributors and brewers authorized to
sell to retailers may furnish, give or sell interior signs to
retailers.
(2) A sign is a thing
whose primary purpose is the advertisement of a brand or product or the price
thereof.
(3) A sign furnished by a
distributor or brewer authorized to sell to retailers may not bear the name,
logo or trademark of a specific retailer.
(4) No brewer or distributor may paint,
improve or remodel a retailer's buildings or parts of buildings, inside or out,
or finance any improvements thereto.
(e) Services provided to retailers.
(1) Distributors and brewers authorized to
sell to retailers may service and repair promotional items and signs furnished
or sold under the provisions of this rule.
(2) Distributors and brewers may:
(A) furnish meeting rooms to retailers on the
brewer's or distributor's licensed premises. In no event shall anything be
furnished to retailers except samples of the brewer's or distributor's product
or food provided as a courtesy in accompaniment to such samples; and
(B) furnish and install shanks, washers, hose
and hose connections, tap rods, tap markers, and coil cleaning service
necessary for the proper delivery and dispensing of draft malt
beverages.
(f) Gifts to unlicensed organizations.
Brewers, nonresident brewers, ] and distributors may donate money or other
things of value, and brewers and distributors may donate malt beverages to
unlicensed civic, religious or charitable organizations, subject to the
following conditions:
(1) Malt beverages may
only be given for consumption in a wet area.
(2) Advertising of events sponsored by
organizations receiving donations shall include promotion of the organization
sponsor or cause in a manner at least equal to or greater than the advertising
of the industry donor.
(3)
Distributors and authorized brewers may furnish malt beverage dispensing
equipment for use at temporary events, provided that such equipment may not be
given in exchange for an exclusive sales privilege.
(4) Brewers, distributors and their employees
and agents may not serve or dispense malt beverages at temporary
events.
(5) "Unlicensed" means not
having a permit or license authorizing the sale or service of alcoholic
beverages.
Notes
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