ALCOHOLIC BEVERAGE CODE

CHAPTER 52. PACKAGE STORE TASTING PERMIT


	§ 52.01.  AUTHORIZED ACTIVITIES.  (a)  The holder of a 
package store tasting permit may conduct product tastings of 
distilled spirits, wine, beer, and malt-based or spirit-based 
coolers on the licensed premises of the holder's package store 
during regular business hours as provided by this section.
	(b)  Written notification of a product tasting must be posted 
on the licensed premises of the permit holder's package store not 
later than 48 hours before the tasting event.  The notification 
shall clearly state:
		(1)  the type and brand of alcoholic beverage to be 
tasted;                 
		(2)  the date and hours the tasting is to take place;  
and                  
		(3)  the address of the premises where the tasting is to 
occur.             
	(c)  A copy of the notification shall be kept on file and 
available for inspection on the premises during all tasting hours.
	(d)  Sample portions at a product tasting shall be limited to 
no more than:  
		(1)  one-half ounce for distilled spirits;                                    
		(2)  one ounce for wine;  and                                                 
		(3)  one ounce for beer and coolers.                                          
	(e)  Not more than 20 different products may be made 
available for tasting at any one time.
	(f)  Repealed by Acts 2003, 78th Leg., ch. 1063, § 2.                       
	(g)  No charge of any sort may be made for a sample serving.                   
	(h)  A person may be served more than one sample.  Samples may 
not be served to a minor or to an obviously intoxicated person.  No 
samples may be removed from the licensed premises.
	(i)  During the tasting, not more than two containers of each 
brand or type of product being tasted may be open on the premises at 
one time.
	(j)  At the conclusion of the tasting, all empty or open 
containers of alcoholic beverages used in the tasting shall be 
removed from the premises or stored in a locked, secure area on the 
licensed premises.
	(k)  A tasting event authorized by this section may not be 
advertised except by on-site communications, by direct mail, by 
electronic mail, or on the permit holder's Internet website.
	(l)  A person other than the permittee or the permittee's 
agent or employee may not dispense or participate in the dispensing 
of alcoholic beverages under this chapter.

Added by Acts 1993, 73rd Leg., ch. 934, § 49, eff. Sept. 1, 1993.  
Amended by Acts 2003, 78th Leg., ch. 1063, § 1, 2, eff. Sept. 1, 
2003.


	§ 52.02   FEE.  The annual state fee for a package store 
tasting permit is $25.  The fee is in addition to and subject to the 
same conditions as the fee paid for the holder's package store 
permit.

Added by Acts 1993, 73rd Leg., ch. 934, § 49, eff. Sept. 1, 1993.          


	§ 52.03.  ELIGIBILITY FOR PERMIT.  The commission or the 
administrator may only issue a package store tasting permit to a 
holder of a package store permit.  For the purposes of this code and 
any other law of the state or political subdivision of the state, a 
package store tasting permit may not be considered a permit 
authorizing the sale of alcoholic beverages for on-premise 
consumption.  Since no charge may be made for a sample tasted on the 
premises of a package store, none of a package store's revenue may 
be deemed to be revenue from the on-premise sale of alcoholic 
beverages.

Added by Acts 1993, 73rd Leg., ch. 934, § 49, eff. Sept. 1, 1993.