In the December 6 Texas Register the following proposed rules were published by the Texas Alcoholic Beverage Commission (TABC) regarding AUDITING (16 TAC §41.72) and MARKETING PRACTICES (16 TAC §45.117 and 16 TAC §45.140). The TABC will hold a public hearing on all proposed rules below on January 8, 2014 at 1:30pm.
Overview:
16 TAC §41.72
The Texas Alcoholic Beverage Commission (commission) proposes the repeal of §41.72, relating to Invalidation of Stamps.
The commission recently amended §41.71, Identification Stamps and Local Distributor's Records, to address the requirements regarding identification stamps for both a holder of a local distributor's permit and a retail permittee. That rule change became effective on October 24, 2013. Section 41.72 contains the same requirements regarding identification stamps for retail permittees that are now found in the amended §41.71. There is no need to duplicate the requirements for retail permittees in two rules. Since the need for §41.72 no longer exists, the commission proposes to repeal it.
The staff of the commission will hold a public hearing to receive oral comments on the proposed repeal on Wednesday, January 8, 2014, at 1:30 p.m. in the commission meeting room at the commission's headquarters, which is located at 5806 Mesa Drive in Austin, Texas.
16 TAC §45.117
The Texas Alcoholic Beverage Commission (commission) proposes an amendment to §45.117, relating to Gifts and Advertising Specialties, to address the provision of signs to liquor retailers by wholesalers and members of the manufacturing tier.
Section 45.113(d) of the commission's rules addresses the provision of signs to beer retailers by distributors and members of the manufacturing tier but heretofore there has not been a similar provision applicable to liquor retailers. The proposed amendment adds a new subsection (f), which applies the same requirements to the liquor industry that are now applicable to the beer industry. This is consistent with the informal guidance offered by the commission in the past and the commission proposes to formalize those requirements.
The staff of the commission will hold a public hearing to receive oral comments on the proposed amendment on Wednesday, January 8, 2014, at 1:30 p.m. in the commission meeting room at the commission's headquarters, which is located at 5806 Mesa Drive in Austin, Texas.
16 TAC §45.140
The Texas Alcoholic Beverage Commission (commission) proposes new §45.140, relating to Verification, to implement the requirements of Alcoholic Beverage Code (Code) §102.22, relating to Verification of Use of Facilities.
Alcoholic Beverage Code §102.22(a) requires that a person who holds a Chapter 12 or 13 permit or a Chapter 62 or 63 license must annually verify to the commission that a brewing or manufacturing facility owned or controlled by that person "is not used to produce malt beverages primarily for a specific retailer or the retailer's affiliates." Section 102.22(b) requires the commission to adopt a form for the verification.
The staff of the commission will hold a public hearing to receive oral comments on the proposed new rule on Wednesday, January 8, 2014, at 1:30 p.m. in the commission meeting room at the commission's headquarters, which is located at 5806 Mesa Drive in Austin, Texas.