Outline of assistance available to TABC-licensed businesses located in disaster areas

In the aftermath of a declared disaster, TABC will make several resources available to licensed businesses affected by the event. The measures outlined below should be taken as general information, contact your local regional TABC office for specific guidance or more information.

Contact information for your nearest TABC regional office can be found here: https://www.tabc.state.tx.us/contact_us/local_field_office.asp

If your regional office is closed, please contact TABC's Austin headquarters at (512) 206-3333.

Forms relevant to a declared disaster are listed on this page.

Retail Sale of Products

Products that have come in contact with flood waters pose a health risk and are unsuitable for consumer consumption. TABC encourages retailers to take extra precautions to ensure alcohol damaged and/or contaminated flooding is not sold to consumers. The Texas Department of State Health Services has issued guidance on avoiding contaminated products . The Code prohibits retailers from re-packaging alcohol and selling products in containers other than in its original packaging. Additionally the Code prohibits alcoholic beverage manufacturers and local distributors from replacing products which were damaged while in the retailer's possession.

Retailers may use the Unsalvageable Inventory form on this page to notify TABC of unsalvageable inventory.

Removal or Replacement of Damaged Malt Beverage Products

Alcoholic Beverage Code Section 103.07 (b) authorizes brewers, manufacturers, wholesalers and distributors to determine whether an uninsured malt beverage product at retail is deemed unfit for consumption. As such the manufacturer or distributor may remove, replace and or dispose of the unfit product from the retailer's inventory in an area declared as a natural disaster determined by the Governor's office.

Exception from payment of renewal late fee

Permittees have a 30-day grace period after expiration for which they can still file for renewal without having to file an original application. The commission may assess a late fee of $100 upon applying for renewal of the permit after the expiration date. Permittees affected by a declared disaster whose permits expire within the week of or two weeks after the disaster may be granted an exemption from the $100 late fee if the renewal application is received during the 30-day grace period. Contact your regional licensing office for more information.

Request a Copy of a Lost License/Permit

Businesses whose printed TABC license or permit was lost or destroyed due to storm damage may request a new copy by filling out and submitting the Request a Copy of a License/Permit form. For assistance, please contact TABC Licensing at (512) 206-3360.

Excise Tax Reports

The Code requires upper tier members and brewpubs to file monthly excise tax reports. State law grants the Commission the authority to forgo penalty if failure to file or the making of a late payment is not the fault of the permittee. Permittees affected by a declared disaster will not be penalized if they are unable to file their report and or submit payment by the statutory due date of the 15th of each month. The agency will work with affected permittees to grant extensions as appropriate.

Permittees may use the Excise Tax Assistance form on this page to request TABC assistance.

Credit Law

Authorized upper tier members must report when a retailer is delinquent in terms of credit law. Requiring reports for permittees located in the affected counties may prevent, hinder or delay necessary action in coping with a declared disaster. TABC has the authority to withhold penalties to permitees who fail to file timely reports if their business is affected by a declared disaster. Specific information and relevant dates will be announced in a timely manner during each disaster. Upper tier members must exercise their own discretion in deciding whether to extend credit or COD terms for liquor purchases during the declared disaster period.

Storage and/or Transfer of Salvaged Alcohol

On a case-by-case basis, TABC may allow an impacted retailer whose business operations have been temporarily halted due to a declared disaster to transfer salvaged product (which has not been submerged and/or contaminated) to another of its affiliated permits within the state to be sold through the affiliated permit number. Retailers located within the disaster area should contact TABC to discuss the storage or transfer of salvaged alcohol inventory.

Retailers may use the Storage and/or Transfer of Salvage Alcohol form on this page to request authorization to transfer salvaged inventory.

Local Distributors Servicing Accounts in Disaster Area

The Code prevents local distributors from selling and/or delivering products to retail customers outside of the county where the distributor is located. However, TABC may allow a local distributor affected by a declared disaster to service, sell, and deliver products to its retail clients from its nearest affiliated store adjacent to the county where the damaged store is located. Contact your regional Audit office for more information.

Distributors may use the Local Distributors Servicing Accounts in Disaster Area form on this page to report the changes to TABC.

Beer Territorial Assignment

A beer distributor who is not operational as a result of a declared disaster is allowed to enter into a temporary cross-territorial arrangement to have beer sold and delivered to the affected beer distributor's retail clients by a beer distributor located in an adjacent territory. The affected beer distributor must notify TABC in writing of the temporary arrangement. Contact your regional office for instructions on how to notify TABC of the change.

Transfer of Products

Package Stores and Wine Only Package Stores

The Code grants authority to the owner of more than one package store to designate one of their licensed locations as a place of storage. From that location, permittees may transfer alcoholic beverages to their other stores within the county. During a declared disaster, TABC will use prosecutorial discretion to withhold administrative sanction against a package store permittee who owns multiple stores to transfer product out of the county. This will allow the package store owner to temporarily store product outside of the county from which the product originated.

Package Store/Wine-Only Package Store permittees may use the Transfer of Products for Package/Wine-Only Package Stores form on this page to notify TABC of the change.

Retailers other than Package Stores and Wine Only Package Stores

All retailers, with the exception of package stores and wine only package stores, do not have statutory authority to transfer product between their locations. TABC will use prosecutorial discretion to withhold administrative sanction against a retail permittee in the affected counties to transfer products between locations of the same ownership. For businesses affected by a declared disaster, TABC will not seek administrative sanction for violations of Sections 69.10, 69.11 or 71.07 for or the appropriate chapters for each permit type authorizing their permissible activities.

Upper Tier Members

Upper tier members, including the middle tier and manufacturing tier, have statutory authority to transfer products between their locations with the exception of distilleries. In addition, distributors and wholesalers, have statutory authority to temporarily relocate their place of business as a result of a natural disaster.

Distilled Spirits Identification Stamps

FedEx, UPS, and USPS are not delivering packages to certain areas, so to ensure local distributors operating in affected areas have the stamps they need to continue operating, TABC divisions are working together to have stamps hand-delivered as necessary.

License/Permit holders may use the ID Stamp Assistance forms on this page to request assistance from TABC.

Forms

TABC has made forms available for businesses needing assistance or those who need to notify TABC about temporary measures taken in the wake of a declared disaster. The forms listed below may be completed and submitted directly to the agency by following the instructions on each form. For assistance, please contact the division listed on the form.

      Retailers/Distributors

• Unsalvageable Inventory
• Storage/Transfer of Salvaged Alcohol
• Request a Copy of License/Permit
• Local Distributors Servicing Accounts in Disaster Area
• Transfer of Products for Package/Wine-Only Package Stores

      Excise Taxes/ID Stamps

• Excise Tax Assistance
• ID Stamp Assistance

      Seller Training Schools

• Temporary Storage of Records
• Request for Replacement Materials
• Missing/Destroyed Trainee Records
• Missing Certificate Numbers