L-NRES (11/2020)
15.
Has any person listed in this application, or his or her spouse, had a cancellation of a license or perm
it in
Yes No
“YES,” attach an explanation.
The applicant, license/permit holder, agent, servant or employee may not directly or indirectly have any overlapping ownerships or other
prohibited relationships (including unfair competition and unlawful trade practices) between those engaged in the alcoholic beverage
industry at different levels, that is, between a manufacturer and a wholesaler or retailer, or between a wholesaler and a retailer, as the
words "wholesaler," "retailer," and "manufacturer" are ordinarily used and understood, regardless of the specific names given a
license\permit. Reference Chapter 102 et seq.
Is any person involved in this application in violation of the above requirements?
If “YES,” attach an explanation.
FOR NONRESIDENT SELLER’S PERMIT (S) (Distilled Spirits and Wine)
Chapter 37
NOTE: Section 37.10(a), (b), and (c) provides:
“ (a) No holder of a nonresident seller’s permit may solicit, accept, or fill an order for distilled spirits or wine from a holder of
any type of wholesaler’s or winery permit unless the nonresident seller is the primary source for the brand of distilled spirits
or wine that is ordered.
(b) In this section, “primary American source of supply” means the distiller, the producer, the owner of the commodity at
the time it becomes a marketable product, the bottler, or the exclusive agent of any of those. To be the “primary American
source of supply” the nonresident seller must be the first source, that is the manufacturer or the source closest to the
manufacturer, in the channel of commerce from whom the product can be secured by Texas wholesalers and Texas wineries
Except as provided by Subsection (c), a product may have only one primary American source of supply to Texas.
(c) A product may have more than one primary American source of supply to Texas if the product is a wine that is bottled
or produced outside of the United States.”
17.
Is the applicant “the primary American source of supply” for any brands of distilled spirits or wine within
the meaning of Section 37.10(a), (b), and
(c) of the Texas Alcoholic Beverage Code?
“YES,” specify the manufacturer and brands of distilled spirits and/or wine.
(If more space is needed, attach a
n additional page.)
Yes No
FOR NONRESIDENT BREWER’S PERMIT (U)
(Malt greater than 4% of alcohol by weight)
Are you, the applicant, the importer of the ale to be shipped into Texas?
If “YES,” STOP. You do not qualify to hold this permit. Permit must be held by the actual manufacturer.
19.
Are you, the applicant, the actual manufacturer of the ale to be shipped into Texas?
Yes No
Do you, the applicant, contract with another brewery to produce your ale product?
If “YES,” provide TABC License/Permit number of that brewery.
Is your product brewed at their location?
Yes No
Yes No
21.
Do you, the applicant, utilize an alternating proprietorship agreement to produce your ale product?
If “YES,” provide TABC License/Permit number of that brewery.
Is your product brewed at their location?
Yes No
Yes No
FOR NONRESIDENT MANUFACTURER’S LICENSE (BS)
(Malt 4% or less of alcohol by weight)
22.
Are you, the applicant, the importer of the beer to be shipped into Texas?
If “
,”
. You do not qualify to hold this permit. Permit must be held by the actual manufacturer.
23.
Are you, the applicant, the actual manufacturer of beer to be imported into the State of Texas? Yes No