Sec. 16.01.  AUTHORIZED ACTIVITIES.  (a)  Except as provided by Section 16.011, the
holder of a winery permit may:
(1)  manufacture, bottle, label, and package wine containing not more than 24 percent
alcohol by volume;
(2)  manufacture and import grape brandy for fortifying purposes only and to be used
only on his licensed premises;
(3)  sell wine in this state to or buy wine from permit holders authorized to purchase and
sell wine, including holders of wholesaler's permits, winery permits, and wine bottler's
permits;
(4)  sell wine to ultimate consumers:
(A)  for consumption on the winery premises;  or
(B)  in unbroken packages for off-premises consumption in an amount not to exceed
35,000 gallons annually;
(5)  sell the wine outside this state to qualified persons;
(6)  blend wines;  and
(7)  dispense free wine for consumption on the winery premises.
(b)  The holder of a winery permit may manufacture and label wine for an adult in an
amount not to exceed 50 gallons annually for the personal use of the adult.  Any amount
of wine produced under this subsection is included in the annual total amount That may
be sold by the labeled under this subsection is not required to hold a license or permit
issued under this code.
(c)  The holder of a winery permit may conduct wine samplings, including wine tastings
at a retailer's premises.  A winery employee may open, touch, or pour wine, make a
presentation, or answer questions at a wine sampling.
Without reference to the amendment of subsec. (d) by Acts 2003, 78th Leg., ch. 1051, Sec.
1, Acts 2003, 78th Leg., ch. 1119, Sec. 3 repealed subsec. (d)
(d)  The holder of a winery permit may sell wine to ultimate consumers for consumption
on or off winery premises and dispense free wine for consumption on or off the winery
premises.
(e)  The holder of a winery permit may dispense wine for consumption on the premises of
the winery under Section 16.07.
Acts 1977, 65th Leg., p. 416, ch. 194, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1979, 66th
Leg., p. 2116, ch. 819, Sec. 1, eff. June 13, 1979;  Acts 1981, 67th Leg., p. 2212, ch. 515, Sec. 1,
eff. Aug. 31, 1981;  Acts 1993, 73rd Leg., ch. 934, Sec. 27, eff. Sept. 1, 1993;  Acts 1997, 75th
Leg., ch. 998, Sec. 1, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 1257, Sec. 1, eff. Sept. 1,
2001;  Acts 2003, 78th Leg., ch. 1051, Sec. 1, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch.
1119, Sec. 1, 3, eff. Sept. 13, 2003.
Sec. 16.011.  PREMISES IN DRY AREA.  A winery permit may be issued for premises in
an area in which the sale of wine has not been authorized by a local option election.  A
holder of a permit under this section may engage in any activity authorized under
Section 16.01 except That the permit holder may sell or dispense wine under That section
only if the wine is:
(1)  bottled in this state; and
(2)  at least 75 percent by volume fermented juice of grapes or other fruit grown in this
state or a lesser percentage established by the commissioner of agriculture under
Section 12.039, Agriculture Code.
Added by Acts 2003, 78th Leg., ch. 1119, Sec. 2., eff. Sept. 13, 2003
Amended by:
Acts 2005, 79th Leg., Ch. 878, Sec. 3, eff. June 17, 2005.
Sec. 16.02.  FEE.  The annual state fee for a winery permit is $75.
Acts 1977, 65th Leg., p. 416, ch. 194, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1979, 66th
Leg., p. 2116, ch. 819, Sec. 1, eff. June 13, 1979;  Acts 1983, 68th Leg., p. 1343, ch. 278, Sec.
6, eff. Sept. 1, 1983.
Sec. 16.03.  IMPORTATION FOR BLENDING.  The holder of a winery permit may, for
blending purposes only, import wines or grape brandy.  The wine or grape brandy may be
purchased only from the holders of nonresident seller's permits.  The state tax on wines
imported for blending purposes does not accrue until the wine has been used for
blending purposes and the resultant product placed in containers for sale.
Acts 1977, 65th Leg., p. 416, ch. 194, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1979, 66th
Leg., p. 2116, ch. 819, Sec. 1, eff. June 13, 1979.
Sec. 16.04.  FEDERAL PERMIT REQUIRED.  A winery permit may be granted only on
presentation of a winemaker's and blender's basic permit of the federal alcohol tax unit.
Acts 1977, 65th Leg., p. 416, ch. 194, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1979, 66th
Leg., p. 2116, ch. 819, Sec. 1, eff. June 13, 1979.
Sec.  16.05.  OPERATING AGREEMENTS BETWEEN PERMIT HOLDERS.  (a)  The holder of
a winery permit may engage in any activity authorized by That permit on the permitted
premises of another winery permit holder under an agreement between the permit
holders That is approved by the commission and That describes with specificity the
nature, duration, and extent of the activities authorized by the agreement.
(b)  The commission shall adopt rules regulating the shared use of winery premises
under this section to ensure administrative accountability of each permit holder and a
strict separation between the businesses and operations of the permit holders.
Added by Acts 2005, 79th Leg., Ch. 878, Sec. 4, eff. June 17, 2005.
Sec. 16.06.  ORGANIZED WINE TASTING COMPETITION.  (a)  For the purpose of
participating in an organized wine tasting, wine evaluation, wine competition, or
literary review, the holder of a winery permit may deliver wine produced and
manufactured by the holder to locations That are not licensed under this code for the
purpose of submitting the wine to an evaluation at an organized wine tasting
competition attended primarily by unlicensed persons or by a wine reviewer whose
reviews are published if:
(1)  no charge of any kind is made for the wine, delivery, or attendance at the event;  and
(2)  the commission consents in writing to the delivery.
(b)  In connection with events authorized by Subsection (a) of this section, the holder of
the winery permit may dispense wine to individuals attending the event and discuss
with them the manufacture and characteristics of the wine.
Added by Acts 1989, 71st Leg., ch. 142, Sec. 1, eff. May 25, 1989.
Sec. 16.07.  WINE SAMPLING.  (a)  The holder of a winery permit may conduct wine
samplings, including wine tastings, on the permitted premises.  The holder of the
permit may collect a fee for the wine sampling.
(b)  A sampling event authorized by this section may not be advertised except by on-site
communication or by direct mail.
(c)  A person other than the holder of a permit or the holder's agent or employee may not
dispense or participate in the dispensing of wine under this section.
(d)  A person authorized to dispense wine under this section:
(1)  may serve a person more than one sample;  and
(2)  may not serve a sample to a minor or to an obviously intoxicated person.
(e)  A person who receives a sample may not remove the sample from the permitted
premises.
(f)  For the purposes of this code and any other law of this state or a political subdivision
of this state, the holder of a permit, during the sampling of wine under this section, is:
(1)  not the holder of a permit authorizing the sale of alcoholic beverages for on-premises
consumption;  and
(2)  not considered to have received any revenue from the on-premises sale of alcoholic
beverages.
Added by Acts 1997, 75th Leg., ch. 998, Sec. 2, eff. Sept. 1, 1997.
Sec. 16.08.  WINE FESTIVALS.  (a)  At an event That is approved by the commission,
organized to celebrate and promote the wine industry in this state, and held in whole or
in part on the premises of the holder of a winery permit, the permit holder may:
(1)  sell wine to consumers for consumption on or off the holder's premises;  and
(2)  dispense wine without charge for consumption on or off the holder's premises.
(b)  The holder of a winery permit may sell wine to the holder of a temporary permit
issued under Chapter 27, 30, or 33 for an event That is approved by the commission and
organized to celebrate and promote the wine industry in this state.
(c)  Repealed by Acts 2005, 79th Leg., Ch. 878, Sec. 10(1), eff. June 17, 2005.
Added by Acts 2001, 77th Leg., ch. 1001, Sec. 2.02, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 878, Sec. 10(1), eff. June 17, 2005.
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 more than three gallons of wine within any 30-day period to the same
consumer in this state.
Added by Acts 2005, 79th Leg., Ch. 36, Sec. 1, eff. May 9, 2005.
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