(a) A File and Use Notification does not require prior approval of the commission and may be used only if:
  (1) the estimated total wholesale value of the alcohol to be provided or sold at the event is less than $10,000;
  (2) the estimated attendance at the event is not more than 500 persons;
  (3) the event is private and not open to the general public;
  (4) the event is not sponsored by a member of the wholesale tier or the manufacturing tier, unless the event is conducted pursuant to Chapters 14 or 16 of the Alcoholic Beverage Code; and
  (5) the owner of the premises where the event will be held has authorized the sale or service of alcohol at the event.
(b) In determining whether an event meets the requirement of subsection (a)(3) of this section, the commission may consider whether tickets are sold and whether the event spans more than one day.
(c) A Nonprofit Entity Temporary Event is a picnic, celebration, or similar event, such as a cultural, charitable, religious, or civic event of a limited and specified duration that is organized for, and open to the public and is put on by a nonprofit entity as defined by Alcoholic Beverage Code §30.01.
(d) For all other events that will be held at a temporary location, a Temporary Event Approval is required.
(e) Notwithstanding subsections (a)(1)-(4) and (d) of this section, holders of a distiller's and rectifier's permit may conduct distilled spirits samplings or tastings at a civic or distilled spirits festival, farmers' market, celebration, or similar event in accordance with Alcoholic Beverage Code §14.09 without obtaining prior approval from the Commission by submitting a notice on forms provided by the commission.

Source Note: The provisions of this §33.71 adopted to be effective September 1, 2021, 45 TexReg 8771; amended to be effective February 12, 2024, 49 TexReg 658