(a) It shall be lawful for the holder of a wholesaler's permit or Class B wholesaler's permit who is also the holder of a private carrier's permit to transport and sell ale to holders of package store permits, wine only package store permits, wine and beer retailer's permits, and mixed beverage permits without obtaining previous orders from such retailers; provided, however, that no invoice shall be required for the transportation of ale unless in the course of such transportation it is necessary to cross territory in which the manufacture, sale and distribution of ale is prohibited. (b) Ale intended to be delivered in sales transactions consummated at a licensed retailer's place of business may be transported through dry areas or through any incorporated city or town or any part thereof wherein the manufacture, storage, sale delivery or transportation of ale is prohibited by charter or ordinance upon vehicles owned and
operated in such transportation by the holder of a wholesaler's permit or Class B wholesaler's permit who is of a private carrier's permit; provided, however, that this shall apply only in the transportation of ale from one wet area for sale and delivery in another wet area; and provided further that such person directly in charge of the vehicle used in such transportation shall have in his possession a written statement furnished and signed by the shipper showing that such ale is delivered into the charge of said person, the quantity of ale so delivered to such person, the origin thereof, and the fact that said ale is intended for delivery only upon any sale that may be consummated by such person acting as agent for the shipper at the place of business of a licensed retail dealer. (c) It shall be unlawful for any person into whose charge ale is delivered as herein provided to sell or deliver any such ale upon any sale consummated at the
retailer's place of business without then and there obtaining a signed receipt for such ale redelivered by him, showing the quantity thereof, the price at which the same is sold, and whether such sale is made upon cash or credit terms; or to fail to make report to the shipper of such ale within 24 hours from the time of its delivery, or to make any false report of such delivery. (d) It shall be unlawful for any person into whose charge ale is delivered as herein provided to fail to have in his possession all ale so delivered to him or in lieu thereof the receipts herein required for any such ale that is not in his possession, or to fail to exhibit his records pertaining to any such shipment upon the demand of any representative of the commission or any peace officer. (e) It shall be unlawful for the holder of a wholesaler's permit or Class B wholesaler's permit to fail to require of each person into whose charge ale is delivered, as
herein provided for redelivery in sales transactions consummated at the place of business of a licensed retailer, to account for any ale so delivered by him within 24 hours after any such delivery is made; or to fail to require said person to deliver to said wholesaler or Class B wholesaler a receipt as herein required covering each sale and delivery of ale made by such person; or to fail to make and keep a record of every such sale of ale in the manner required in the Alcoholic Beverage Code, §206.01.


Source Note: The provisions of this §41.30 adopted to be effective January 1, 1976; amended to be effective September 18, 1978, 3 TexReg 3093.