1. (a) Each holder of a bonded warehouse permit shall make a monthly report to the commission on forms prescribed by the executive director.

2. (b) The report shall be made and filed by the permittee with the commission at its offices in Austin, Texas. The report shall:

   1. (1) state the name, address, and permit number of the warehouse;
   2. (2) show the name, address, storage permit number, and class of permit of each customer storing liquor;
   3. (3) show monthly opening inventory receipts, withdrawals and closing inventory in gallons for each class of liquor; and
   4. (4) affirm that the permittee is in compliance with Alcoholic Beverage Code §46.03, which requires the holder of a bonded warehouse permit to derive at least 50 percent of its gross revenue in a bona fide manner during each three month period from the storage of goods or merchandise other than liquor.
3. (c) Such reports shall be signed by the custodian of the bonded warehouse and filed with the commission on or before the 15th day of the month following the calendar month for which the report is made.
4. (d) A holder of a bonded warehouse permit may only store or offer to store liquor in full and unbroken case lots.
5. (e) Except as provided in this subsection, a holder of a bonded warehouse permit may only allow the withdrawal of liquor in full and unbroken case lots. When actual breakage occurs in a bonded warehouse which results in actual loss, the holder of a bonded warehouse permit may allow withdrawal in partial or broken case lots if the bonded warehouse permit holder executes duplicate affidavits documenting the actual breakage. One such affidavit shall be retained on file by the bonded warehouse permit holder, and the other affidavit shall be submitted with the permittee's monthly report required by this section.

Source Note:The provisions of this §41.39 adopted to be effective January 1, 1976; amended to be effective June 14, 2016, 41 TexReg 4255.