ALCOHOLIC BEVERAGE CODE CHAPTER 74. BREWPUB LICENSE

ALCOHOLIC BEVERAGE CODE

TITLE 3. LICENSES AND PERMITS

SUBTITLE B. LICENSES

CHAPTER 74. BREWPUB LICENSE

Sec. 74.01. AUTHORIZED ACTIVITIES. (a) A holder of a brewpub license for a brewpub located in a wet area, as that term is described by Section 251.71, may:

(1) brew, bottle, can, package, and label malt beverages;

(2) sell or offer without charge, on the premises of the brewpub, to ultimate consumers for consumption on or off those premises, malt beverages produced by the holder, in or from a lawful container, to the extent the sales or offers are allowed under the holder's other permits or licenses;

(3) sell food on the premises of the holder's breweries; and

(4) conduct samplings of malt beverages, including tastings, at a retailer's premises.

(a-1) An agent or employee of the holder of a brewpub license may open, touch, or pour malt beverages, make a presentation, or answer questions at a sampling event.

(b) The holder of a brewpub license may establish, operate, or maintain one or more licensed brewpubs in this state under the same general management or ownership. The holder shall pay the fee assessed by the commission for each establishment. For the purposes of this subsection, two or more establishments are under the same general management or ownership if:

(1) the establishments bottle the same brand of malt beverage or bottle malt beverages brewed by the same brewer; or

(2) the person, regardless of domicile, who establishes, operates, or maintains the establishments is controlled or directed by one management or by an association of ultimate management.

(c) A holder of a brewpub license must also hold a wine and malt beverage retailer's permit, a mixed beverage permit, or a retail dealer's on-premise license.

(d) The holder of a brewpub license may not hold or have an interest either directly or indirectly, or through a subsidiary, affiliate, agent, employee, officer, director, or other person, in a brewer's or distributor's license or any other license or permit in the manufacturing or wholesaling levels of the alcoholic beverage industry regardless of the specific names given to permits or licenses in Title 3 of this code. The holder shall be considered a "retailer" for purposes of Section 102.01.

(e) The holder of a brewpub license may deliver malt beverages brewed by the holder to a location other than the holder's premises for the purpose of submitting the malt beverages for an evaluation at an organized malt beverage tasting, competition, or review. At a tasting, competition, or review, a holder of a brewpub license may:

(1) dispense without charge malt beverages brewed by the holder to a person attending the event for consumption on the premises of the event; and

(2) discuss with a person attending the event the brewing and characteristics of the malt beverages.

(f) This section does not authorize the holder of a brewpub license who also holds a wine and malt beverage retailer's permit to deliver alcoholic beverages directly to ultimate consumers for off-premise consumption at a location other than the licensed premises.

Added by Acts 1993, 73rd Leg., ch. 478, Sec. 1, eff. Aug. 30, 1993; Acts 1993, 73rd Leg., ch. 934, Sec. 59, eff. Sept. 1, 1993. Amended by Acts 1995, 74th Leg., ch. 387, Sec. 1, eff. Aug. 28, 1995.

Amended by:

Acts 2013, 83rd Leg., R.S., Ch. 750 (S.B. 515), Sec. 9, eff. June 14, 2013.

Acts 2019, 86th Leg., R.S., Ch. 434 (S.B. 1232), Sec. 4, eff. September 1, 2019.

Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 257, eff. September 1, 2021.

Acts 2021, 87th Leg., R.S., Ch. 165 (S.B. 1226), Sec. 1, eff. September 1, 2021.

Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 2.002, eff. September 1, 2021.

Sec. 74.03. PRODUCTION LIMIT. The total annual production of malt beverages by a holder of a brewpub license may not exceed 10,000 barrels for each licensed brewpub.