Sec. 103.08. SALE OF MALT BEVERAGE. (a) Any malt beverage, its container, or its packaging which is seized under the terms of this chapter shall be disposed of in accordance with this section.
(b) On notification that the malt beverage has been seized, the commission shall promptly notify a holder of a general or branch distributor's license who handles the brand of malt beverage seized and who operates in the county in which it was seized. If the malt beverage was seized in a dry area, the commission shall notify either the general or branch distributor who handles the brand operating nearest the area or the brewer brewing the malt beverage. The commission and the distributor or brewer shall jointly determine whether the malt beverage is in a salable condition.
(c) If the malt beverage is determined not to be in a salable condition, the commission shall immediately destroy it. If it is determined to be in a salable condition, it shall be offered for sale to the distributor or brewer. If offered to a distributor, the malt beverage shall be sold at the distributor's cost price less any state taxes which have been paid on the malt beverage, F.O.B. the distributor's place of business. If the malt beverage is offered to a brewer, it shall be sold at the brewer's cost price to its nearest distributor, less any state taxes which have been paid on the malt beverage, F.O.B., the nearest distributor's place of business. In either case, the storage or warehousing charges necessarily incurred as a result of the seizure shall be added to the cost price.
(d) If the distributor or brewer does not exercise the right to purchase salable malt beverages or to purchase returnable bottles, containers, or packages at their deposit price within 10 days, the commission shall sell the malt beverages, bottles, containers, or packages at public or private sale as provided in this chapter.
Acts 1977, 65th Leg., p. 506, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 319, eff. September 1, 2021.
Structure Texas Statutes
Title 4 - Regulatory and Penal Provisions
Chapter 103 - Illicit Beverages
Section 103.01. Illicit Beverages Prohibited
Section 103.02. Equipment or Material for Manufacture of Illicit Beverages
Section 103.03. Seizure of Illicit Beverages, Etc
Section 103.04. Arrest of Person in Possession
Section 103.05. Report of Seizure
Section 103.06. Beverage Seized by Peace Officer
Section 103.07. Beverage of Illicit Manufacture or Unfit for Consumption
Section 103.08. Sale of Malt Beverage
Section 103.09. Sale of Liquor
Section 103.10. Exercise of Discretion in Case of Mistake
Section 103.11. Proceeds From Sale
Section 103.12. Ceiling Prices During Emergency
Section 103.13. Bonding of Seized Vehicles Pending Suit
Section 103.14. Institution of Suit for Forfeiture
Section 103.15. Notice of Forfeiture Suit
Section 103.16. Forfeiture of a Seized Vehicle
Section 103.17. Forfeiture of Other Seized Property
Section 103.18. Intervention by Secured Creditors
Section 103.19. Transfer of Security Interests
Section 103.20. Disposition of Forfeited Property
Section 103.21. Bill of Sale to Purchaser