- (a) It shall be unlawful for any wholesaler, Class B wholesaler, or wine bottler to import or transport into this state any vinous liquor except by common carrier, unless imported or transported into this state upon vehicles owned in good faith by such wholesalers, Class B wholesalers, or wine bottlers for which private carrier permits have been issued by the commission as provided in §41.01 et seq., of the Alcoholic Beverage Code, and accompanied by a copy of the invoice covering said vinous liquor.
- (b) It shall be unlawful for any nonresident seller to make delivery of any vinous liquor to any wholesaler, Class B wholesaler, or wine bottler in this state except by common carrier, unless delivery is made to a vehicle owned in good faith by such wholesaler, Class B wholesaler, or wine bottler and operated in compliance with §41.01 et seq., of the Alcoholic Beverage Code.
- (c) It shall be unlawful for any wholesaler or Class B wholesaler to import or transport into this state any malt liquor, except by common carrier, unless imported or transported into this state upon vehicles owned in good faith by such wholesalers or Class B wholesalers for which private carrier permits have been issued by the commission as provided in §41.01 et seq., of the Alcoholic Beverage Code, and accompanied by a copy of the invoice covering said malt liquor.
- (d) The nonresident seller making delivery to a wholesaler, Class B wholesaler, or wine bottler other than by common carrier shall show in writing upon the invoice, and all copies thereof covering such vinous liquor, that such vinous liquor was delivered to the private carrier of the wholesaler, Class B wholesaler, or wine bottler.
- (e) It shall be unlawful for any wholesaler or Class B wholesaler to import or transport into this state any malt liquor except by common carrier, unless imported or transported into this state upon vehicles owned in good faith by such wholesalers or Class B wholesalers for which private carrier permits have been issued by the commission as provided in §41.01 et seq., of the Alcoholic Beverage Code and accompanied by a copy of the invoice covering said malt liquor.
- (f) It shall be unlawful for any nonresident seller to make delivery of any malt liquor to any wholesaler or Class B wholesaler in this state except by common carrier, unless delivery is made to a vehicle owned in good faith by such wholesaler or Class B wholesaler and operated in compliance with §41.01 et seq., of the Alcoholic Beverage Code.
- (g) The wholesaler or Class B wholesaler importing or transporting into this state malt liquor upon vehicles operating under private carrier permit shall travel the most direct practical route to the place of destination.
- (h) The nonresident seller making delivery to a wholesaler or Class B wholesaler other than by common carrier shall show in writing upon the invoice, and all copies thereof covering such malt liquor, that such malt liquor was delivered to the private carrier of the wholesaler or Class B wholesaler.
Source Note:The provisions of this §35.4 adopted to be effective January 1, 1976; amended to be effective September 18, 1978, 3 TexReg 3092.