Sec. 16.09. DIRECT SHIPMENT TO CONSUMERS. (a) The holder of a winery permit may ship wine to the ultimate consumer, including ultimate consumers located in dry areas. Delivery must be by the holder of a carrier permit.
(b) All wine shipped to an ultimate consumer by the holder of a winery permit must be in a package that is clearly and conspicuously labeled showing that:
(1) the package contains wine; and
(2) the package may be delivered only to a person described in Subsection (c).
(c) Wine shipped by the holder of a winery permit may not be delivered to any person other than:
(1) the person who purchased the wine;
(2) a recipient designated in advance by such purchaser; or
(3) a person at the delivery address who is age 21 or over.
(d) Wine may be delivered only to a person who is age 21 or over after the person accepting the package:
(1) presents valid proof of identity and age; and
(2) personally signs a receipt acknowledging delivery of the package.
(e) The holder of a winery permit may not:
(1) sell or ship wine to a minor;
(2) deliver wine to a consumer using a carrier that does not hold a carrier's permit under this code; or
(3) deliver to the same consumer in this state more than nine gallons of wine within any calendar month or more than 36 gallons of wine within any 12-month period.
Added by Acts 2005, 79th Leg., Ch. 36 (S.B. 877), Sec. 1, eff. May 9, 2005.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 346 (H.B. 1084), Sec. 1, eff. September 1, 2009.
Structure Texas Statutes
Title 3 - Licenses and Permits
Section 16.01. Authorized Activities
Section 16.011. Premises in Dry Area
Section 16.03. Importation for Blending
Section 16.04. Federal Permit Required
Section 16.05. Operating Agreements Between Permit Holders
Section 16.06. Participation in Certain Off-Premises Wine Evaluation Activities
Section 16.09. Direct Shipment to Consumers