Sec. 103.09. SALE OF LIQUOR. (a) Any liquor, 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 liquor has been seized, the commission shall promptly notify a holder of a wholesaler's permit or a general class B wholesaler's permit who handles the brand of liquor seized and who operates in the county in which it was seized. If the liquor was seized in a dry area, the commission shall notify the wholesaler who handles the brand seized who operates nearest the area. The commission and the wholesaler shall jointly determine whether the liquor is in a salable condition.
(c) If the liquor 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 first be offered for sale to the wholesaler notified at the wholesaler's cost price F.O.B. its place of business, plus any storage or warehousing charges necessarily incurred as a result of the seizure.
(d) If the wholesaler does not exercise the right to purchase salable liquor, containers, or packages at the price specified in this section within 10 days, the commission shall sell the liquor, container, 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. 320, eff. September 1, 2019.
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