(a) Definitions. The following words and terms, when used in this section, have the following meanings, unless the context clearly indicates otherwise:

(1) Identification stamp--the identification stamp referenced in §§28.15 and 32.20 of the Alcoholic Beverage Code.

(2) Invoice--an instrument requesting payment for alcoholic beverages issued by the seller of alcoholic beverages to a permittee.

(3) Mutilate--to scratch, cut, tear, or abrade in a manner which inflicts obvious and substantial damage to the stamp but does not totally remove or obliterate the stamp.

(4) Retail permittee--the holder of a mixed beverage permit, a private club registration permit, or private club exemption certificate permit.

(b) The holder of a local distributor's permit shall keep any record required by any rule of the commission or by the Alcoholic Beverage Code for a period of two years on the licensed premises and shall make any such record available to a representative of the commission upon request within a reasonable time.

(c) Identification stamps shall be affixed only by the holder of a local distributor's permit to whom such stamps have been issued by the commission. When affixing identification stamps, the holder of a local distributor's permit shall affix each identification stamp near the top of the brand label of the bottle of distilled spirits in such a manner that some portion of the identification stamp covers and is attached to some portion of the brand label but does not cover any information on the brand label, unless the exception in subsection (d) of this section applies. "Brand label" means the principal display panel that is most likely to be displayed, presented, shown, or examined under normal and customary conditions of display for retail sale.

(d) A licensee selling cases of distilled spirits containing only multiple spirits containers each with a capacity of 375 mL or less may stamp the case with one identification stamp prior to selling the alcoholic beverages to a mixed beverage permittee, rather than individually stamping each bottle in the case. The mixed beverage permittee purchasing cases of distilled spirits subject to this section shall retain for two years invoices showing the identification stamp for each case purchased.

(e) Transaction records.

(1) Each holder of a local distributor's permit shall prepare a record making an entry thereon on each date there occurs any of the following transactions involving identification stamps and showing the following: (A) Quantity of identification stamps received. (B) Quantity and serial numbers of identification stamps affixed, and also showing the invoice date, invoice number, retailer trade name, and retailer permit number. (C) Quantity of identification stamps on hand after each receipt or affixing of such stamps. (D) When the holder of a local distributor's permit affixes identification stamps prior to the sale of such stamped merchandise, the permittee shall also record the date the merchandise is stamped showing the number of stamps used per brand and size. Stamped merchandise shall be stored separately from all other merchandise on hand. Stamps issued from pre-stamped stock must be listed individually per invoice line item on sales invoices prepared for retail sales. (E) The serial number of each stamp issued, lost, stolen, voided, destroyed, or issued as a replacement stamp must be recorded.

(2) Full title and ownership of all identification stamps shall remain vested in the commission. Upon termination of any local distributor's permit, all unaffixed identification stamps on hand shall be surrendered to the commission along with distribution records of stamps issued by the local distributor permittee.

(f) An invoice shall be issued in original and one copy in consecutive numbered order, showing the date of the sale or distribution, the name and permit number of the seller and the purchaser, and the purchaser's complete address, the serial numbers of all identification stamps affixed to the merchandise, the quantity, brand and class of alcoholic beverages sold and the total price of each brand and class shown thereon. Such invoices or a copy thereof shall be delivered to the permittee and a copy of such invoices shall be kept by the seller making same. The seller's copy of the invoice must be signed by the purchaser.

(g) A local distributor may elect to maintain identification stamp records required by subsection (e) of this section in an electronic format using an automated stamp record system. If this election is made, the automated system must provide the information required by subsection (e) of this section, and the automated system must be inspected and have prior approval from the Commission.

(h) The invalidation of identification stamps required by §28.09 of the Alcoholic Beverage Code shall be done by mutilating the stamp. The marking of a stamp with ink, dye, or other material is not authorized as a method for invalidating the stamp.

(i) No retail permittee shall possess or permit any person to possess on the permittee's licensed premises any distilled spirits in any container bearing an identification stamp that has been mutilated or otherwise damaged or marked to a substantial degree.

(j) No retail permittee shall possess or permit any person to possess on the permittee's licensed premises any blank or serially numbered TABC identification stamp that is not properly attached to a distilled spirits container that has been properly invoiced to the retail permittee by a local distributor.

(k) All provisions of §§28.08, 28.09, and 28.15 of the Alcoholic Beverage Code applicable to a mixed beverage permittee apply to holders of private club registration permits and private club exemption certificate permits.

Source Note: The provisions of this §41.60 adopted to be effective December 6, 2021, 46 TexReg 8246