Sec. 23.07. PURCHASE AND SALE OF VINTAGE DISTILLED SPIRITS. (a) The holder of a local distributor's permit may purchase vintage distilled spirits from a vintage distilled spirits seller.
(b) A vintage distilled spirits seller may sell to the holder of a local distributor's permit, for each permitted premises, not more than 24 containers of vintage distilled spirits during any 12-month period.
(c) The holder of a local distributor's permit shall maintain a record of each purchase of vintage distilled spirits until the second anniversary of the date the vintage distilled spirits are purchased and provide the record to the commission on request. The record must include the following information:
(1) the permit holder's name, address, permit number, and phone number;
(2) the vintage distilled spirits seller's name, address, and phone number;
(3) the brand name and quantity of each vintage distilled spirits container purchased;
(4) the date of the purchase; and
(5) the number of containers of vintage distilled spirits the permit holder has previously purchased from the vintage distilled spirits seller and the dates of those purchases.
(d) A local distributor's permit holder may sell to the holder of a mixed beverage permit not more than six containers of vintage distilled spirits during any 12-month period.
(e) Any holder of a local distributor's permit who is injured in the permittee's business or property by a vintage distilled spirits seller by the sale of forged, adulterated, or counterfeit vintage distilled spirits to the permittee may institute suit in any district court in the county in which the violation is alleged to have occurred to require enforcement by injunctive procedures and to recover triple damages plus costs of suit including reasonable attorney's fees.
Added by Acts 2023, 88th Leg., R.S., Ch. 91 (S.B. 1322), Sec. 5, eff. September 1, 2023.