TABC - Texas - In Store Tastings - Bring own bottle

[Charles Brungardt]

At Spec's, Texas wineries and distilleries have been allowed to bring their own product for tasting, and did not have to purchase from the store. They have to be the permit holder or a direct employee. Spec's recently pushed out a new rule saying that this exception no longer applies to distilleries. Only Texas wineries may bring their own product and Texas distilleries now have to buy the product at the store for each tasting.

This is concerning because it makes the bottom line increase exponentially.

Are there any references to allow Texas distilleries to continue to bring products or are our hands tied?

This is what Spec's sent to vendors.

https://www.tabc.texas.gov/static/sites/default/files/2020-06/mpb-002.pdf

 

Look at TABC 14.07 & 22.18

 

In 14.07 E

(e) Distilled spirits may legally be transported by the holder of the distiller's and rectifier's permit or the permit holder's agent or employee to a retail premises for the purpose of providing a sample or a tasting under this section.

In 22.18 L

(l) The holder of a distiller’s or rectifier’s permit or nonresident seller’s permit or that permit holder’s agent or employee may participate in and conduct product tastings of alcoholic beverages at a retailer’s premises and may open, touch, or pour alcoholic beverages, make a presentation, or answer questions at the tasting. Any alcoholic beverage tasted under this subsection must be purchased from the package store permit holder on whose premises the tasting is held. The permit holder may not require the purchase of more alcoholic beverages than are necessary for the tasting. This section does not authorize the holder of a distiller’s or rectifier’s permit or nonresident seller’s permit or that permit holder’s agent or employee to withdraw or purchase an alcoholic beverage from the holder of a wholesaler’s permit or provide an alcoholic beverage for tasting on a retailer’s premises that is not purchased from the retailer.

 

But why before were Texas Distilleries given an exception?

 

[FIVE x 5 Consulting]

14.07 appears to allow a distiller/rectifier to take bottles to a retailer and allow the retailer/their staff to taste the product. It does not allow a distiller/rectifier to give tastings to the general public. 

22.18 appears to allow a package store to conduct tastings on site for the general public.

My guess is that someone misapplied 14.07's allowance [give sample to retailer] to a scenario where it should not have applied [give sample to general public at a package store]. When this was realized, they walked it back.

But - pure speculation here.