Texas Alcoholic Beverage Code 22.19 – Purchase and Sale of Vintage Distilled Spirits
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(a) The holder of a package store permit may purchase vintage distilled spirits from a vintage distilled spirits seller.
(b) A vintage distilled spirits seller may sell to the holder of a package store permit, for each permitted premises, not more than 24 containers of vintage distilled spirits during any 12-month period.
Terms Used In Texas Alcoholic Beverage Code 22.19
- Commission: means the Texas Alcoholic Beverage Commission. See Texas Alcoholic Beverage Code 1.04
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- 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
- Permittee: means a person who is the holder of a permit provided for in this code, or an agent, servant, or employee of that person. See Texas Alcoholic Beverage Code 1.04
- Premises: has the meaning given it in § 11. See Texas Alcoholic Beverage Code 1.04
- Property: means real and personal property. See Texas Government Code 311.005
- Vintage distilled spirits: means distilled spirits that:
(A) are in the original manufacturer's sealed container, including a bottle or case of bottles;
(B) are not owned by the holder of a distiller's and rectifier's permit or the holder of a nonresident seller's permit;
(C) are not otherwise available for purchase from the holder of a wholesaler's permit;
(D) have not been offered for sale by the holder of a wholesaler's permit within the preceding five years; and
(E) are possessed by a person in this state. See Texas Alcoholic Beverage Code 1.04 - Vintage distilled spirits seller: means a person who:
(A) is at least 21 years of age;
(B) does not hold a license or permit under this code; and
(C) is:
(i) an administrator, executor, receiver, or other fiduciary who receives and sells vintage distilled spirits in execution of the person's fiduciary capacity;
(ii) a creditor who receives or takes possession of vintage distilled spirits as security for, or in payment of, debt, in whole or in part;
(iii) a public officer or court official who levies on vintage distilled spirits under order or process of any court or magistrate to sell the vintage distilled spirits in satisfaction of the order or process; or
(iv) any other person who does not hold or have an interest in a permit or a license or in the business of a permit or license holder under this code and is not engaged in the business of selling alcoholic beverages. See Texas Alcoholic Beverage Code 1.04
(c) The holder of a package store permit shall maintain a record of each purchase of vintage distilled spirits until the second anniversary of the date the vintage distilled spirits are purchased and provide the record to the commission on request. The record must include the following information:
(1) the permit holder’s name, address, permit number, and phone number;
(2) the vintage distilled spirits seller’s name, address, and phone number;
(3) the brand name and quantity of each vintage distilled spirits container purchased;
(4) the date of the purchase; and
(5) the number of containers of vintage distilled spirits the permit holder has previously purchased from the vintage distilled spirits seller and the dates of those purchases.
(d) A package store permit holder may sell vintage distilled spirits to consumers for off-premises consumption only and to holders of passenger transportation permits as provided in § 48.03.
(e) Any holder of a package store permit who is injured in the permittee‘s business or property by a vintage distilled spirits seller by the sale of forged, adulterated, or counterfeit vintage distilled spirits to the permittee may institute suit in any district court in the county in which the violation is alleged to have occurred to require enforcement by injunctive procedures and to recover triple damages plus costs of suit including reasonable attorney’s fees.