TABC News & Updates | August 2019
Industry Brief Header
TOP NEWS FOR YOUR BUSINESS
Compliance Reporting Begins September 1!
A faster way to conduct inspections of your business is finally here. On September 1, your business must begin using the TABC: Compliance Reporting mobile app to conduct an annual inspection of its licensed/permitted location(s).

Your company must complete the online registration process before it can download and use the app. If you have not received a registration link from TABC by September 1, you can request a registration link here .

Compliance reporting saves you time and improves the safety of your community. Click on the video and visit TABC’s Compliance Reporting webpage for more information.
LICENSING NEWS
Laws Impacting Licenses/Permits Going into Effect September 1
  • Agent’s Licenses/Permits Eliminated (HB 1545): A, BK, DK, and T licenses/permits are no longer necessary. TABC has stopped accepting and processing these applications.
  • Industrial Permits Eliminated (HB 1545): I and LI permits are no longer necessary. TABC has stopped accepting and processing these applications.
  • Other Obsolete License/Permits Eliminated (HB 1545): MW, MR, Z, SL, BD, LX, Billboard, and Y.
  • Consumer Delivery Permit (SB 1450): TABC is working to make this permit available as soon as possible. Join TABC for an August 19 stakeholder meeting on this permit.
  • Nonresident Brewer’s/Manufacturer’s Agent’s Permit (HB 3222): TABC will begin accepting applications on September 1.
  • Package Store Expansion (HB 1545): A person may have up to 250 package store permits (rather than 5), but may only get 15 new permits annually.
  • Ale & Wine Deliveries (SB 1232): On-premise wine and beer retailers (BG) may deliver ale and wine directly to consumers if they have a local cartage permit.
  • Reduced Licensing for Tastings at State Fair (HB 3768): Licensed/permitted producers who conduct tastings at the State Fair as part of the “Go Texan” program do not need additional TABC licenses.
 
License/Permit Application Wait Times
It takes TABC approximately 50 days from the date it receives a complete application to issue a license/permit. Plan ahead if you're looking to open a business or a new location.
COMPLIANCE NEWS
Laws Impacting Industry Compliance Going into Effect September 1
  • Beer-to-Go (HB 1545): Small breweries may sell up to one case per day, per consumer.
  • No Label Approval for Direct Sale Products (HB 1545): Small breweries and manufacturers do not need TABC label approval for beverages they sell directly to consumers, but they must provide basic product information to consumers.
  • Distiller Samples/Tastings for Retailers (HB 1997): Distillers may provide samples or conduct tastings of their products for retailers prior to purchase by the retailer.
  • Bulk Importation of Beer/Ale (SB 928): Brewers/Manufacturers may import ale/beer (in bulk) from nonresident brewers/manufacturers for manufacturing purposes.
  • Expanded On-Premise Sales (HB 2016): Wine and Beer On-Premise permit holders may sell dessert-flavored wine and rice wine, and alcohol containing up to 24% ABV, for on-premise consumption.
  • Beer Warehouse Registration (HB 1545): Manufacturer’s & Distributor’s License holders must register each warehouse used to store beer.
  • Malt Beverage Replacement Due to Natural Disaster (SB 1210): The retailer pays for removal, destruction, and disposal of malt beverages; the producer pays for the replacement; and the distributor pays for delivering the replacement product.
  • Enhanced Consequences for Violations (HB 1545): Failure to comply with a TABC order is classified as a statutory violation. If a business commits repeat statutory violations, TABC may consider the business’s profits from the violations to determine the penalty. If a business poses a continuing threat to public welfare, TABC may temporarily suspend the license/permit.
 
Out-of-State Winery Direct Shippers Audits
On September 1, 2019, TABC will begin conducting audits of Out-of-State Winery Direct Shipper’s permit holders to ensure the proper shipment and payment of excise taxes for wine coming into Texas from other states. Click here for more information .

Excise Tax Compliance
On September 1, 2019, TABC will begin actively enforcing existing laws that suspend a licensed/permitted business’s ability to operate while that business is delinquent on its excise tax payments or reports. Click here for more information .

Label Approval Wait Times
Distilled Spirits – 24 Days.
Malt Beverages – 37 Days.
Wine – 39 Days.  
PUBLIC SAFETY NEWS
Human Trafficking

Back-to-School Underage Compliance Operations
In August and September, TABC will conduct its annual back-to-school undercover operations at retail locations near major colleges and universities. This enhanced effort ensures retailers are following the law and keeping our communities safe as tens of thousands of students return to class.
COMMISSION MEETINGS & RULES
Access TABC’s commission meeting archives for past agendas, documents, decisions, and full video recordings of the meetings.

TABC's Next Commission Meeting
To be held on Tuesday, September 24, 2019, at TABC Headquarters . All information and documents for this meeting can be found here when they become available.

Stakeholder Meeting on Draft Rules (not yet proposed at a commission meeting)
TABC will hold a stakeholder meeting on Monday, August 19 at 9 AM to discuss draft rules related to several new laws going into effect: Consumer Delivery Permit, Beer-to-Go, Beer Warehouse Registration, and Outdoor Ads. TABC plans to propose these draft rules during the September 24 commission meeting for publication in the Texas Register.

Rules Proposed for Publication & Public Comment
TABC Commissioners approved the publication of two rule amendments regarding human trafficking during their June 26 meeting: Rule 34.2 and Rule 35.31 .

The deadline to provide public comments is Sunday, September 1. Formal written comments may be submitted to Clark Smith, General Counsel, TABC, by mail at P.O. Box 13127, Austin, Texas 78711-3127; by fax to (512) 206-3280; or by email to rules@tabc.texas.gov .

Rules Recently Adopted
None.
ADVISORIES
Advisories provide guidance on common issues impacting industry to ensure consistent statewide interpretation and application of laws and rules. Access all Advisories here .

Licensing Advisory
No new licensing advisories have been published since April.

Marketing Practices Advisories
On July 2, 2019, TABC published MPA059 – BYOB at Manufacturing Tier Facilities . This advisory explains under what conditions alcohol manufacturers may allow consumers to bring their own alcohol onto the premises.

Proposed Advisories/Stakeholder Meetings
There are no new advisory proposals or pending stakeholder meetings at this time.
INDUSTRY EDUCATION
Human Trafficking
Help TABC eradicate this form of modern-day slavery at licensed locations across Texas.

TABC Talks
TABC’s monthly webcast helps you comply with state laws and regulations.
EVENTS & ENGAGEMENT
Industry Events TABC Has Participated In During the Last Two Months
  • June 12: Texas Tax Assessor-Collector Association – Annual Conference
  • July 9: Downtown Bryan Association – Business Owners Meeting
  • July 14: Texas Restaurant Association – Annual Marketplace
  • July 15: Texas Package Stores Association – Annual Conference
  • July 16: Texas Hill Country Wineries – Members Meeting
  • July 29: Texas Retailers Association – Annual Conference

Upcoming Industry Events TABC Will Participate In
  • August 19: Texas Bar & Nightclub Alliance – Annual Conference
Check out the Industry Brief Archive for previous publications.
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