1. (a) Wine and Beer On-Premises Retailers.

   1. (1) This subsection is promulgated pursuant to Alcoholic Beverage Code §25.09.
   2. (2) Any alcoholic beverage that is in excess of 17 percent alcohol by volume and is used by wine and beer on-premises retailers for cooking purposes must be individually labeled as "For Cooking Use Only".
   3. (3) All alcoholic beverages in excess of 17 percent alcohol by volume used by wine and beer on-premises retailers for cooking purposes must be stored separately from alcoholic beverages that are legal for sale on the premises by such retailers.
   4. (4) No alcoholic beverage in excess of 17 percent alcohol by volume that is designated by wine and beer on-premises retailers for cooking purposes may be sold, served or consumed in liquid form by staff or customers of the retailer.
   5. (5) All receipts for the purchase by wine and beer on-premises retailers of alcoholic beverages in excess of 17 percent alcohol by volume must be retained on the premises until the bottle is empty and disposed of.

2. (b) Mixed Beverage Permittees.

   1. (1) This subsection is promulgated pursuant to Alcoholic Beverage Code §28.06.
   2. (2) Alcoholic beverages used for cooking purposes may be purchased from, tax stamped by and invoiced by a Local Distributor's Permittee or may be purchased at retail from a licensed retailer. Alcoholic beverages purchased at retail without a tax stamp may not be served or sold in liquid form.
   3. (3) An alcoholic beverage purchased for cooking purposes at retail without a tax stamp must be individually labeled as "For Cooking Use Only".
   4. (4) All alcoholic beverages purchased for cooking purposes at retail without a tax stamp must be stored separately from alcoholic beverages purchased from, tax stamped by and invoiced by a Local Distributor's Permittee.
   5. (5) Alcoholic beverages purchased for cooking purposes at retail without a tax stamp may not be sold, served or consumed in liquid form by staff or customers.
   6. (6) All receipts for the purchase of alcoholic beverages purchased for cooking purposes at retail without a tax stamp must be retained on the premises until the bottle is empty and disposed of.

Source Note:The provisions of this §45.107 adopted to be effective November 18, 2010, 35 TexReg 10046.