- (a) In the event any permit or license granted under the code is cancelled or expires, the permittee or licensee is authorized within 30 days thereafter to sell or dispose of the inventory in bulk to a permittee or licensee authorized to purchase and sell same the remainder of stock of alcoholic beverages on hand at the time of the license or permit termination.
- (b) If a necessity exists for a longer period, written permission must be procured from the administrator or the administrator's designee. The application for such permission shall specify the reasons.
- (c) A holder of a license or permit who holds more than one such license or permit and who submits one to the commission for cancellation may request approval to transfer the inventory on hand to one of its other licensed or permitted locations.
- (d) In all cases where alcoholic beverages are disposed of or sold in bulk as herein set out, a sworn transfer document shall be filed with the local office of the commission and is subject to approval by the administrator or the administrator's designee. Approval of the sale or transfer shall not be granted if either the seller or purchaser is delinquent under Alcoholic Beverage Code §102.32 and 16 Texas Administrative Code §45.121 at the time of the request.
- (e) The transfer document filed with the commission must show the complete inventory of alcoholic beverages on hand. The inventory shall show the quantity, brand and size of each container of alcoholic beverage, and for distilled spirits it shall also show the identification stamp number affixed to each container.
- (f) Both the transferor and the transferee shall sign the transfer document under oath before a notary public swearing to the correctness of the transaction.
- (g) All alcoholic beverages shall be transferred in a single transaction unless, based on the circumstances, multiple transactions are approved by the administrator or the administrator's designee.
- (h) No person shall dispose of any alcoholic beverages after the expiration or cancellation of a permit or license except in the manner and within the time herein specified unless written permission is procured from the administrator or the administrator's designee.
Source Note:The provisions of this §41.3 adopted to be effective January 1, 1976; amended to be effective September 18, 1978, 3 TexReg 3093; amended to be effective August 18, 2015, 40 TexReg 5144.