Texas Alcoholic Beverage Code 102.071 – Sale of Glassware and Nonalcoholic Beverages
(a) In this section:
(1) “Branded glassware” means glassware that contains the name, emblem, or logo of or any reference to a brand of alcoholic beverage.
(2) “Unbranded glassware” means glassware that does not contain the name, emblem, or logo of or any reference to a brand of alcoholic beverage.
(b) Notwithstanding Sections 102.04 and 102.07 or any other provision of this code, the holder of a wholesaler’s permit who is primarily engaged in the wholesale sale of distilled spirits and wine may sell branded or unbranded glassware to retailers, provided that the glassware is not marketed or sold in a manner:
(1) to influence a retailer to purchase any quantity of alcoholic beverages;
(2) to affect the terms by which a retailer may purchase alcoholic beverages; or
(3) that threatens the independence of a retailer.
Terms Used In Texas Alcoholic Beverage Code 102.071
- Alcoholic beverage: means 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. See Texas Alcoholic Beverage Code 1.04
- Brewer: means a person engaged in the brewing of malt beverages, whether located inside or outside the state. See Texas Alcoholic Beverage Code 1.04
- Distilled spirits: means 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. See Texas Alcoholic Beverage Code 1.04
- Malt beverage: means 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. See Texas Alcoholic Beverage Code 1.04
(c) § 102.32 applies to payment for unbranded glassware or glassware bearing the name, emblem, or logo of a brand of distilled spirits or wine by the holder of a wholesaler’s permit under Subsection (b).
(d) Sections 61.73 and 102.31 apply to payment for glassware bearing the name, emblem, or logo of a brand of malt beverage by the holder of a distributor’s license.
(e) For the purposes of Subchapters C and D, the sale, by the holder of a distributor’s license, of a nonalcoholic beverage produced or sold by a brewer of malt beverages and that bears the name, emblem, logo, or brand of a brewer of malt beverages is the same as a sale of malt beverages.