1. (a) The holder of a brewpub license who is authorized to sell to retailers or private clubs located in wet areas, wholesaler's permit, any type of Class B wholesaler's permit, or a brewer's self-distribution permit may transport ale under a private carrier permit and sell it to licensed retailers or private clubs located in wet areas without obtaining previous purchase orders from such licensed retailers or private clubs located in wet areas.
2. (b) Ale 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 in a vehicle permitted under a private carrier permit through dry areas by the holder of a brewpub license authorized to sell to retailers or private clubs located in wet areas, wholesaler's permit, any type of Class B wholesaler's permit, or a brewer's self-distribution permit. The person directly in charge of the vehicle used in such transportation must possess a written statement furnished and signed by the seller showing the quantity of ale so delivered to such person, the origin thereof, and the fact that said ale is intended for delivery only upon any sale that may be consummated by such person acting as agent for the seller at the place of business of a licensed retailer or at a private club located in a wet area.
3. (c) A person into whose charge ale is delivered as provided in this section and who is delivering and obtaining payment for such ale at the retailer's or private club's place of business must at that time provide a sales invoice for such ale that must be signed by the purchaser of the ale. The invoice must show the purchaser, the quantity of each type of container sold, and the price, and whether such sale is made upon cash or credit terms. The person must report the delivery and provide a copy of the signed sales invoice to the seller of such ale within 24 hours from the time of its delivery.
4. (d) A person into whose charge ale is delivered as provided in this section must possess the signed sales invoices required by subsection (c) for any such ale 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 §41.30 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 6001.