Texas Alcoholic Beverage Code 54.03 – Qualifications for Permit
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Terms Used In Texas Alcoholic Beverage Code 54.03
- Commission: means the Texas Alcoholic Beverage Commission. See Texas Alcoholic Beverage Code 1.04
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: means a natural person or association of natural persons, trustee, receiver, partnership, corporation, organization, or the manager, agent, servant, or employee of any of them. See Texas Alcoholic Beverage Code 1.04
- United States: includes a department, bureau, or other agency of the United States of America. See Texas Government Code 311.005
- Venue: The geographical location in which a case is tried.
An out-of-state winery direct shipper’s permit may only be issued to a person who:
(1) does not hold a winery permit in the State of Texas;
(2) operates a winery located in the United States and holds all state and federal permits necessary to operate the winery, including the federal winemaker’s and blender’s basic permit;
(3) holds a Texas sales tax permit;
(4) expressly submits to personal jurisdiction in Texas state and federal courts and expressly submits to venue in Travis County, Texas, as proper venue for any proceedings that may be initiated by or against the commission; and
(5) does not directly or indirectly have any financial interest in a Texas wholesaler or retailer as those terms are used in Section 102.01.