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(a)?In this section, ?tied house? means any overlapping ownership or other prohibited relationship 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 permits under Subtitle A, Title 3, of this code. ���1
(b)?In considering an original or renewal application for a permit issued under Subtitle A, Title 3, of this code, the commission or administrator may make any investigation or request any additional information necessary to enforce this section and to provide strict adherence to a general policy of prohibiting the tied house and related practices. ?The activities prohibited by this section are unfair competition and unlawful trade practices.
(c)?No person having an interest in a permit issued under Subtitle A, Title 3, of this code may secure or hold, directly or indirectly, an ownership interest in the business or corporate stocks, including a stock option, convertible debenture, or similar interest, in a permit or business of a permittee of a different level who maintains licensed premises in Texas.
(d)?No person may act or serve as officer, director, or employee of the businesses of permittees at different levels.
(e)?No permittee may own the premises, fixtures, or equipment of a permittee of a different level.
(f)?No permittee may secure or in any manner obtain the use of any premises, fixtures, or equipment on the credit of a permittee of a different level.
(g)?No permittee may loan to, or by means of his credit secure a loan for, a permittee of a different level. ?If a permittee secures a loan from a source outside the state, there is a presumption of a tied house relationship or subterfuge, and the permittee securing the loan has the burden of showing that he has not violated this section.
(h)?No permittee may enter with a permittee of a different level or with another person or legal entity into a conspiracy or agreement to control or manage, financially or administratively, directly or indirectly, in any form or degree, the business or interests of a permittee of a different level.
(i)?No permittee may enter with another permittee into any type of profit-sharing agreement or any agreement relating to the repurchase of any assets or any agreement attempting to effectuate the shipment or delivery of an alcoholic beverage on consignment.
(j)?On finding that a person has violated any provision of Subsections (c) through (i) of this section, the commission or administrator shall suspend for not less than six months or cancel the permit of any permittee involved. ?A person who held or had an interest in a permit cancelled under this subsection is ineligible to hold or have an interest in a permit for one year after the cancellation.
(k)?This section does not apply to the application for renewal of a permit held by an applicant who was engaged in the legal alcoholic beverage business in this state under a charter or permit before August 24, 1935, or to an application for a nonresident seller's or wholesaler's permit held by an applicant who continuously has been the holder of a permit of that type since January 1, 1941.
Cite this article: FindLaw.com - Texas Alcoholic Beverage Code - ALCO BEV § 102.01. Tied House Prohibited - last updated April 14, 2021 | https://codes.findlaw.com/tx/alcoholic-beverage-code/alco-bev-sect-102-01.html
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