- (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 upon vehicles owned or leased and operated by one of these authorized sellers, who are authorized to sell to retailers or private clubs located in wet areas: the holder of a manufacturer's self-distribution license; the holder of any type of distributor license; or the holder of a brewpub license. The person directly in charge of the vehicle used in such transportation must possess a written statement furnished and signed by the authorized seller showing 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 authorized seller at the place of business of a licensed retail dealer or a private club located in a wet area.
- (b) A person into whose charge beer is delivered as provided in this section and who is delivering and obtaining payment for any such beer at a licensed retailer's place of business or at a private club located in a wet area must at that time provide a sales invoice for such beer that must be signed by the purchaser of the beer. The invoice must show the purchaser, the quantity of each type of container sold, and the price. A copy of such invoice shall be furnished to the purchaser at the time of sale and a copy of the signed sales invoice must be furnished to the authorized seller of such beer within 24 hours from the time of its delivery.
- (c) A person into whose charge beer is delivered as provided in this section must possess the signed sales invoices required by subsection (b) for any such beer that is not in the person's possession. The records pertaining to any such shipment must be shown to any representative of the commission or any peace officer on demand.
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; amended to be effective August 17, 2016, 41 TexReg 6000.