Sec. 63.05. USE OF FACILITIES. (a) The holder of a brewer's or nonresident brewer's license may contract with the holder of a nonresident brewer's license:
(1) to provide brewing services; or
(2) for the use of the license holder's brewing facilities under an alternating brewery proprietorship if each party to the proprietorship:
(A) has filed the appropriate Brewer's Notice and Brewer's Bond as required by the Alcohol and Tobacco Tax and Trade Bureau of the United States Department of the Treasury; and
(B) if applicable, has posted with the commission a bond in an amount determined by the commission under Subsection (d) or (e).
(b) An entity is not required to own its brewing facilities if the entity operates under an alternating brewery proprietorship as provided by Subsection (a).
(b-1) Each entity that is a party to an alternating brewery proprietorship or contract brewing arrangement must hold a license at the location where brewing services are conducted under the arrangement.
(c) This section does not authorize a person acting as an agent for a brewer located outside of this state to contract with the holder of a nonresident brewer's license to brew malt beverages on the person's behalf. A contract described by this subsection may only be entered into by the holder of a nonresident brewer's license and another person holding a license under this code.
(d) Subject to Subsection (e), the commission by rule may require an entity that is a party to an alternating brewery proprietorship or contract brewing arrangement to post with the commission a bond in an amount determined by the commission not to exceed $200,000.
(e) An entity that is a party to an alternating brewery proprietorship or contract brewing arrangement must post with the commission a bond in an amount determined by the commission of not less than $30,000 if the entity does not own a fee interest in a brewing facility.
Added by Acts 2005, 79th Leg., Ch. 1182 (S.B. 1255), Sec. 7, eff. June 18, 2005.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1074 (H.B. 3307), Sec. 8, eff. September 1, 2013.
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 229, eff. September 1, 2021.