16 Tex. Admin. Code § 45.2 - Definitions
When used in this chapter, the terms listed below shall have the following meanings:
(1)
Advertisement--Any statement provided by or at the behest of a permittee
promoting the purchase of a brand of alcoholic beverage through the medium of:
radio broadcast; television broadcast; the internet; newspapers, periodicals,
or other publications; any sign or outdoor advertisement; or of any other
printed or graphic matter, including trade booklets, menus, and cards, if such
advertisement is in, or is calculated to induce sales in, this state, or is
disseminated by mail or electronic mail. The term "advertisement" does not
include: any label affixed to any alcoholic beverage bottle; or any individual
covering, carton, or other container of the bottle, or any written, printed,
graphic, or other matter accompanying the bottle, which constitutes a part of
the labeling under this chapter; or any editorial or other reading matter in
any periodical newspaper, or other publication for which no money or other
valuable consideration is paid or promised, directly or indirectly, by any
permittee.
(2) Alcoholic
beverage--Alcohol, or any beverage containing more than one-half of one percent
of alcohol by volume, which is capable of use for beverage purposes, either
alone or when diluted, including distilled spirits, malt beverages, and wine,
as defined herein.
(3) Applicant--A
person who submits an application with the commission to register an alcoholic
beverage product.
(4) Bottler--Any
person who places alcoholic beverages in containers.
(5) Brand label--The label carrying, in the
usual distinctive design, the brand name of the alcoholic beverage.
(6) Brewpub--A holder of a brewpub license
under Chapter 74 of the Alcoholic Beverage Code.
(7) Code--The Texas Alcoholic Beverage
Code.
(8) COLA--A certificate of
label approval issued by the United States Alcohol and Tobacco Tax and Trade
Bureau pursuant to 27 CFR Ch. I, Subch. A, Part 13.
(9) Commission--The state agency, the Texas
Alcoholic Beverage Commission; this term is not intended to refer to the
agency's commissioners sitting as a deliberative body.
(10) Container--Any can, bottle, barrel, keg,
cask, tank car, or other closed receptacle, irrespective of size or of the
material from which made, for use for the sale of malt alcoholic beverages.
This provision does not in any way relax or modify §
1.04(18)
of the Alcoholic Beverage Code.
(11) Distilled Spirits--Alcohol, spirits of
wine, whiskey, rum, brandy, gin, or any liquor produced in whole or in part by
the process of distillation, including all dilutions or mixtures of them, and
includes spirit coolers that may have an alcoholic content as low as four
percent alcohol by volume and that contain plain, sparkling, or carbonated
water and may also contain one or more natural or artificial blending or
flavoring ingredients.
(12) Malt
beverage--A fermented beverage of any name or description containing one-half
of one percent or more of alcohol by volume, brewed or produced from malt, in
whole or in part, or from any malt substitute.
(13) Person--A natural person or association
of natural persons, trustee, receiver, partnership, corporation, organization,
or the manager, agent, servant, or employee of any of them.
(14) Producer--A manufacturer of all classes
of alcoholic beverages and nonresident sellers that are the primary American
source of supply for purposes of §37.10 of the Code.
(15) TTB--The United States Alcohol and
Tobacco Tax and Trade Bureau or its successor agency.
(16) Sake--An alcoholic beverage made by
fermenting rice.
(17) Wine--A
product obtained from the alcoholic fermentation of juice of sound ripe grapes,
fruits, berries, or honey, and includes wine coolers and other alcoholic
beverages made in the manner of wine, including sparkling and carbonated wine,
vermouth, cider, sake, and perry.
Notes
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