1. (a) Beer intended to be delivered in sales transactions consummated at a licensed retailer's place of business or at a private club located in a wet area may be transported through dry areas or through any incorporated city or town or any part thereof wherein the manufacture, storage, sale, delivery, or transportation of liquor or beer is prohibited by charter or ordinance upon vehicles owned and operated in such transportation by a licensed manufacturer or distributor; provided, however, that this shall apply only to the transportation of beer from one wet area for sale and delivery in another wet area; and provided further that the person directly in charge of the vehicle used in such transportation shall have in his possession a written statement furnished and signed by the shipper that such beer is delivered into the charge of said person, the quantity of beer so delivered to such person, the origin thereof, and the fact that said beer is intended for delivery only upon any sale that may be consummated by such person acting as agent for the shipper at the place of business of a licensed retail dealer or a private club located in a wet area.
2. (b) It shall be unlawful for any person into whose charge beer is delivered as herein provided to sell or deliver any such beer or consummate any sale of beer except to a licensed retailer at his place of business or to a private club located in a wet area. All such sales shall be recorded on sales tickets indicating the purchaser, quantity and price. A copy of such sales ticket shall be furnished the purchaser at the time of sale and a copy shall be furnished to the shipper of such beer within 24 hours from the time of its delivery.
3. (c) It shall be unlawful for any person into whose charge beer is delivered as herein provided to make any false report of a delivery or to fail to have in his possession all beer so delivered to him or in lieu thereof the proper sales tickets herein required for any such beer that is not in his possession, or to fail to exhibit his records pertaining to any such shipment upon the demand of any representative of the commission or any peace officer.
4. (d) It shall be unlawful for any manufacturer or distributor to fail to require of each person into whose charge beer is delivered, as herein provided for redelivery in sales transactions consummated at the place of business of a licensed retailer or private club located in a wet area, to account for any beer so delivered by him within 24 hours after any such delivery is made; or to fail to require said person to deliver to said manufacturer or distributor a proper sales ticket as herein required covering each sale and delivery of beer made by such person; or to fail to make and keep a record of each such sale of beer in the manner required in the Alcoholic Beverage Code, §62.05 or §64.04.

Source Note:The provisions of this §41.28 adopted to be effective January 1, 1976; amended to be effective September 18, 1978, 3 TexReg 3093.