Sec. 102.04. PERSONS BARRED FROM INTEREST IN MIXED BEVERAGE BUSINESS. (a) This section applies to any person who has an interest in the business of a distiller-rectifier, wholesaler, class B wholesaler, winery, or local distributor's permittee. This section also applies to the agent, servant, or employee of a person who has an interest in one of those businesses.
(b) Except as permitted in Section 23.01 of this code, no person to whom this section applies may:
(1) have a direct or indirect interest in the business, premises, equipment, or fixtures of a mixed beverage establishment;
(2) furnish or lend any money, service, or other thing of value to a mixed beverage permittee or guarantee the fulfillment of a financial obligation of a mixed beverage permittee;
(3) enter or offer to enter into an agreement, condition, or system which in effect amounts to the shipment and delivery of alcoholic beverages on consignment;
(4) furnish, rent, lend, or sell to a mixed beverage permittee any equipment, fixtures, or supplies used in the selling or dispensing of alcoholic beverages;
(5) pay or make an allowance to a mixed beverage permittee for a special advertising or distributing service, or allow the permittee an excessive discount;
(6) offer to a mixed beverage permittee a prize, premium, or other inducement, except as permitted by Section 102.07(b) of this code; or
(7) advertise in the convention program or sponsor a function at a meeting or convention or a trade association of holders of mixed beverage permits, unless the trade association was incorporated before 1950.
Acts 1977, 65th Leg., p. 499, ch. 194, Sec. 1, eff. Sept. 1, 1977. Amended by Acts 1977, 65th Leg., p. 1183, ch. 453, Sec. 9, eff. Sept. 1, 1977; Acts 1979, 66th Leg., p. 2118, ch. 819, Sec. 10, eff. June 13, 1979; Acts 1983, 68th Leg., p. 1352, ch. 278, Sec. 53, eff. Sept. 1, 1983.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 282, eff. September 1, 2021.
Structure Texas Statutes
Title 4 - Regulatory and Penal Provisions
Chapter 102 - Intra-Industry Relationships
Subchapter A. General Provisions
Section 102.01. Tied House Prohibited
Section 102.02. Providing Samples
Section 102.03. Persons Barred From Interest in Premises of Retail Liquor Outlet
Section 102.04. Persons Barred From Interest in Mixed Beverage Business
Section 102.05. Hotel: Multiple Interests Authorized
Section 102.06. Relationship Between Agent and Package Store
Section 102.07. Prohibited Dealings With Retailer or Consumer
Section 102.071. Sale of Glassware and Nonalcoholic Beverages
Section 102.08. Wholesaler: Liquor Manufactured by Affiliate
Section 102.09. Wholesaler: Interest in Distiller and Rectifier
Section 102.10. Distiller and Rectifier: Interest in Wholesaler
Section 102.11. Brewer or Distributor: Prohibited Interests
Section 102.12. Commercial Bribery by Brewer or Distributor
Section 102.13. Exclusive Outlet Agreement as to Brewery Products
Section 102.14. Brewer or Distributor: Furnishing Equipment or Fixtures
Section 102.15. Brewer or Distributor: Prohibited Dealings With Retailer
Section 102.16. Unlawful Agreements
Section 102.17. Contract for Sale of Liquor
Section 102.18. Brewer: Prohibited Interests
Section 102.19. Promotional Gift Wine
Section 102.20. Restocking and Rotation of Alcoholic Beverages Authorized
Section 102.21. Continuity of Certain Protections for Malt Beverage Distributors