Alcoholic beverage transportation - Texas

Permits

Carrier's permit

Carriers transporting alcoholic beverages over 4 percent alcohol by weight into, out of and within Texas must apply to the Commission for a carrier’s permit. The carrier’s permit may only be issued to a carrier registered under Chapter 643 of the Transportation Code, or a common carrier operating under certificate issued by the former Interstate Commerce Commission or the FMCSA. Those persons transporting alcoholic beverages through the state are exempt from obtaining a carrier’s permit.

Carriers transporting beer (no more than 4 percent alcohol by weight) Intrastate (from point to point within the state) don’t need a carrier’s permit. They just need an invoice, statement or bill of lading showing where from and who to.

Note: A common carrier without a carrier permit from the ABC Commission may transport wine from a winery to a destination outside of Texas, as long as the carrier meets all other legal requirements for common carriage.

Out-of-state winery direct shipper’s permit

Allows the holder to sell and deliver wine that is produced or bottled by the permittee to an ultimate consumer located in wet or dry areas in Texas. Delivery of wine must be shipped by a common carrier that holds a carrier’s permit issued by the Texas Alcoholic Beverage Commission. Permittee may not deliver more than nine gallons within a calendar month OR 36 gallons within a 12-month period to the same consumer in this state; or sell to ultimate consumers more than 35,000 gallons of wine annually. This permit may only be issued to a person who:

• Does not hold a winery permit in the State of Texas;
• Operates a winery located in the United States and holds all state and federal permits necessary to operate the winery, including the federal winemaker’s and blender’s basic permit;
• Holds a Texas Sales Tax Permit;
• Expressly submits to personal jurisdiction in Texas state and federal courts and expressly submits to venue in Travis County, Texas, as proper venue for any proceeding that may be initiated by or against the commission; and
• Does not directly or indirectly have any financial interest in a Texas wholesaler or retailer as those terms are used in Section 102.01 of the Alcoholic Beverage Code.

Fees

The carrier's permit fee is $1,100. The out-of-state winery direct shipper's permit fee is $500. Licenses and permits expire every two years after the issue date. License holders are notified before licenses expire as a courtesy. Additional fees may be required depending on the city and county.

Bonds

No special bond is required for a carrier's permit. A bond may be required for direct shippers.

Reports

Each permit holder must file a monthly carrier report to the Commission on forms provided by the Commission. File the report on or before the 15th of each month and include the previous month’s activities. If no interstate shipment took place during the month, a report must be filed stating this fact. A copy of the report must be retained by the carrier for a period of four years.

Other

Texas Statutes Alcoholic Beverage Code, Title 4, Chapter 107: No carrier may transport and deliver beer in a dry area unless the beer is consigned to a local or general distributor’s licensee who has previously stated that he intends to transport it to a place of business in a wet area. Also, no carrier may transport and deliver liquor into a dry area of the state except in cases previously authorized by the Commission. Persons may, however, transport alcoholic beverages from one wet area to another wet area by passing through a dry area when necessary.