Section 16.09 - Direct Shipment to Consumers(a) The holder of a winery permit may ship wine to the ultimate consumer, including ultimate consumers located in dry areas. Delivery must be by the holder of a carrier permit.(b) All wine shipped to an ultimate consumer by the holder of a winery permit must be in a package that is clearly and conspicuously labeled showing that: (1) the package contains wine; and(2) the package may be delivered only to a person described in Subsection (c).(c) Wine shipped by the holder of a winery permit may not be delivered to any person other than: (1) the person who purchased the wine;(2) a recipient designated in advance by such purchaser; or(3) a person at the delivery address who is age 21 or over.(d) Wine may be delivered only to a person who is age 21 or over after the person accepting the package: (1) presents valid proof of identity and age; and(2) personally signs a receipt acknowledging delivery of the package.(e) The holder of a winery permit may not: (1) sell or ship wine to a minor;(2) deliver wine to a consumer using a carrier that does not hold a carrier's permit under this code; or(3) deliver to the same consumer in this state more than nine gallons of wine within any calendar month or more than 36 gallons of wine within any 12-month period.Tex. Alco. Bev. Code § 16.09
Amended by Acts 2009, 81st Leg., R.S., Ch. 346, Sec. 1, eff. 9/1/2009.Added by Acts 2005, 79th Leg., Ch. 36, Sec. 1, eff. 5/9/2005.