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Terms Used In Texas Alcoholic Beverage Code 54.08

  • Illicit beverage: means an alcoholic beverage:
    (A) manufactured, distributed, bought, sold, bottled, rectified, blended, treated, fortified, mixed, processed, warehoused, stored, possessed, imported, or transported in violation of this code;
    (B) on which a tax imposed by the laws of this state has not been paid and to which the tax stamp, if required, has not been affixed; or
    (C) possessed, kept, stored, owned, or imported with intent to manufacture, sell, distribute, bottle, rectify, blend, treat, fortify, mix, process, warehouse, store, or transport in violation of this code. See Texas Alcoholic Beverage Code 1.04

A consumer purchasing wine from the holder of an out-of-state winery direct shipper’s permit may not resell the wine, and any such wine that is resold is an illicit beverage as defined in Section 1.04(4).