1. (a) To qualify to use a File and Use Notification, the notification must include:

   1. (1) all information requested by the commission; and

   2. (2) a sworn statement that:

      1. (A) the estimated total wholesale value of the alcohol to be provided or sold at the event is less than $10,000;
      2. (B) the estimated attendance at the event is not more than 500 persons;
      3. (C) the event is private, and not open to the general public;
      4. (D) the event is not sponsored by a member of the wholesale tier or the manufacturing tier, unless the event is conducted pursuant to Chapters 14 or 16 of the Alcoholic Beverage Code;
      5. (E) the owner of the premises where the event will be held has authorized the sale or service of alcohol at the event; and
      6. (F) verifies the wet/dry status of the governing jurisdiction where the event will be held.
2. (b) Except as provided by §33.71(e) of this title, an event that does not meet the criteria in subsection (a)(2) of this section requires approval by the commission.
3. (c) A File and Use Notification does not require approval by the commission and may be submitted less than ten days before the event without incurring a late filing fee.
4. (d) In connection with a notification filed under subsection (a) of this section, the commission may require a letter from the owner of the property where the event will be held, sponsorship and/or promoter agreements, a diagram or site maps, local governmental authorization, and any other documents or agreements needed to determine qualifications under the Code.

5. (e) Persons using a File and Use Notification must keep the following records for four years and provide them to the commission upon request:

   1. (1) records of the dollar amount of alcohol purchased and sold/served at the event;
   2. (2) the number of event attendees; and
   3. (3) an agreement or contract between the permit holder and the venue authorizing the event; including the event date, type of event, and a copy of any invitation to the event or obituary for a funeral related event.

Source Note:The provisions of this §33.76 adopted to be effective September 1, 2021, 45 TexReg 8771; amended to be effective February 12, 2024, 49 TexReg 658.