SECTION 41.19. Regional Forwarding Centers

(a) This rule relates to Alcoholic Beverage Code, §§37.01(a)(2), 62.08, and 63.01.

(b) Members of the manufacturing tier transporting alcoholic beverages into the state, or from point to point within the state under the authority of Alcoholic Beverage Code §§37.01(a)(2), 62.08(a), or 63.01, may temporarily hold such alcoholic beverages in a regional forwarding center, subject to the following conditions:

(1) A regional forwarding center is a facility wherein alcoholic beverages may be held under the control of the manufacturing tier member responsible for shipping the alcoholic beverages.

(2) The regional forwarding center may be operated by a third party who acts as the agent of the manufacturing tier member in arranging for interstate or intrastate shipments of alcoholic beverages to licensees and permittees authorized to receive such beverages or for shipment to locations outside the state.

(3) No member of the wholesale or retail tiers of the alcoholic beverage industry may, directly or indirectly, hold any interest in or right of operation of a regional forwarding center.

(4) No alcoholic beverages may be sold to a person or entity from a regional forwarding center. For purposes of this rule, a "sale" occurs when an order is taken and/or payment is made.

(5) No member of the retail tier may take delivery of alcoholic beverages at a regional forwarding center.

(6) A regional forwarding center must be located in an area that is wet for the type of alcoholic beverages held therein.

(7) A licensee or permittee, by using a regional forwarding center under the authority of this rule, consents to inspection of such facility by the commission, its agents or employees, or any peace officer, to the same extent as consent is given for inspection of licensed premises by §101.04 of the Alcoholic Beverage Code.

(c) Licensees and permittees using regional forwarding centers under the authority of this rule shall maintain a record at the regional forwarding center with information relating to specific shipments entered into the record on the day the shipment is received or sent. The record shall show the:

(1) invoice number for each receipt and transfer;

(2) date for each receipt and transfer;

(3) point of origin for each receipt;

(4) destination (name and address) for each transfer;

(5) type of alcoholic beverages and total gallons for each receipt and transfer; and

(6) name of the carrier making delivery and transfer, and its TABC license or permit number if one is required by the Alcoholic Beverage Code.

(d) Licensees and permittees using regional forwarding centers under the authority of this rule shall pay an annual fee to the commission pursuant to §33.23 of this title.

(e) All records required by this section shall be kept for at least two years.

Source Note: The provisions of this §41.19 adopted to be effective June 6, 2022, 47 TexReg 3247