Commission Meeting Minutes for November 28, 2017 · Amendments to Rule §33.5, Food and Beverage Certificate Martin Wilson 6. Consideration and Potential Action on Adoption of Proposed

COMMISSION MEETING

November 28 2017

Texas Alcoholic Beverage Commission 5806 Mesa Drive

Austin Texas 78731

Kevin J Lilly Presiding Officer Member Ida Clement Steen Member Houston Vacant San Antonio

AGENDA

REGULAR COMMISSION MEETING

1030 am ndash November 28 2017

5806 Mesa Drive Austin Texas 78731

Kevin J Lilly

Presiding Officer ndash Houston

Ida Clement Steen Member ndash San Antonio

Commission Member Vacant

A Bentley Nettles

Executive Director

Tuesday November 28 2017 1030 am

Agenda

1 Call to Order Kevin J Lilly

2 Approval of Commission Meeting Minutes of September 26 2017

Kevin J Lilly

3 Commission Report Agency Activities Budget Issues Staff Updates Legislative Activities

Bentley Nettles

4 Recognition of Service During Hurricane Harvey Response Kevin J Lilly Bentley Nettles

5 Consideration and Potential Action on Adoption of Proposed Amendments to Rule sect335 Food and Beverage Certificate

Martin Wilson

6 Consideration and Potential Action on Adoption of Proposed Amendments to Rule sect4571 Definitions

Martin Wilson

7 Consideration and Potential Action on Adoption of Proposed Amendments to Rule sect4585 Approval of Labels

Martin Wilson

8 Consideration and Potential Action on Publication of Notice of Proposed Review of Rule sect45111 Advertising Signs at Charitable or Civic Events

Martin Wilson

9 Consideration and Potential Action on Publication of Proposed Amendments to Rule sect351 Transportation of Alcoholic Beverages by Package Stores and Wine Only Package Stores

Martin Wilson

10 Consideration and Potential Action on Publication of Proposed Amendments to Rule sect45106 Sweepstakes and Games of Chance

Martin Wilson

11 Executive Session to Consult with Legal Counsel Regarding Appointment of an Internal Auditor under Government Code sect551071

Kevin J Lilly

12 Action on Items Discussed in Executive Session Kevin J Lilly

13 Public Comment Kevin J Lilly

14 Next Meeting Date Tuesday January 23 2018 Kevin J Lilly

15 Adjourn Kevin J Lilly

Note Items may not necessarily be considered in the order they appear on the agenda Executive session for advice of Counsel (pursuant to sect551071 of the Government Code) may be called regarding any agenda item Action

may be taken on any agenda item

NOTICE OF ASSISTANCE AT PUBLIC MEETINGS

Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services (such as interpreters for persons who are deaf hearing impaired readers large print or Braille) are requested to contact Luann Dickerson at (512) 206-3221 (voice) (512) 206-3203 (fax) Relay Texas at 1-800-735-2989 (TTYTDD) at least three (3) days prior to the meeting so that appropriate arrangements can be made

MINUTES

COMMISSION MEETING MINUTES November 28 2017

The Commissioners of the Texas Alcoholic Beverage Commission (TABC) met in Regular Session on Tuesday November 28 2017 at TABC Headquarters 5806 Mesa Drive Austin Texas

COMMISSIONERS Kevin J Lilly

PRESENT Ida Clement Steen

STAFF PRESENT Bentley Nettles Executive Director

Joshua Alexander MIU Audit Supervisor Audit and Investigations Division

John Altum Staff Lieutenant Enforcement Division Christopher Balboa Agent Corpus Christi Area Office Dennis Beal Deputy Executive Director Business amp Revenue

Operations Dustin Carter Quality Assurance Specialist Ports of Entry Division

Amanda Collins Audit Regional Supervisor Arlington Regional Office

Patrick Connally Licensing Supervisor Austin Regional Office Andrew Costanza Agent Houston Regional Office Raymond Darden Agent Houston Regional Office Roger Devine Staff Sergeant Training Division Luann Dickerson Executive Assistant Executive Division Diana Figueroa Executive Assistant Internal Affairs Keon Flowers Recruiter Human Resources Division Thomas Graham Director Excise Tax and Marketing

Practices Division Dwight Green Agent Houston Regional Office Ryan Gregory Agent Corpus Christi Area Office Pete Heller Investigator Internal Affairs Gary Henderson Systems Analyst Innovation amp Technology

Division Joe Iagnemmo Web Design Administrator Innovation amp

Technology Division Richard Jauregui Major San Antonio Regional Office Joshua Johnson Jr Agent Houston Regional Office Dexter Jones Director Audit amp Investigations Division Jo Ann Joseph Director Licensing Division Victor Kuykendoll Major Acting Chief of Law Enforcement

Enforcement Administration Andrea Maceyra Marketing Practices Supervisor Excise Tax

amp Marketing Practices Division Cristobal Martinez Agent Houston Regional Office Vanessa Mayo Chief Financial Officer Gabriel McCourtney Agent Houston Regional Office Jose Morales Agent Corpus Christi Area Office Mariann Morelock Director Communications and

Governmental Relations Alejandra Nieto Staff Sergeant Training Division Elias Pereyra Agent Houston Regional Office Jose Pineda Supervisor Licensing Division Chris Porter Public Information Officer Paula Reed Deputy Chief Financial Officer John Reney Director Ports of Entry Division Albert Rodriguez Director Training Division Audrey Rosales Project Manager Business Services Division Gene Rosby Agent Houston Regional Office Donn Rupp Director Human Resources Division Robert Saenz Deputy Executive Director of Enforcement Reynaldo Santos Auditor Audit and Investigations Administration

Byron Smith Agent Corpus Christi Area Office Ron Swenson Captain SIU and FCU Todd Talley Audit Regional Supervisor Austin Regional Office

Carla Thompson Captain Houston Regional Office Jay Webster Director Innovation amp Technology Division Martin Wilson Assistant General Counsel Legal Division

GUESTS PRESENT Kaleigh Becker Research amp Program Specialist Texans Standing Tall

Mark Bordas Consultant Anheuser Busch Dewey Brackin Attorney Gardere Wynn Sewell Vic Brooks Vice President Republic National Distributing

Company Darlene Brown Director McConnell amp Jones LLP Rick Donley President The Beer Alliance of Texas Kyle Frazier Texas Wine and Grape Growers Association Tucker Frazier Kyle Frazier Consulting Daniel Graves Partner Weaver amp Tidwell LLP Kyle Hill Attorney Martin Frost and Hill Cheri Huddleston Legislative Consultant Southern Glazerrsquos Todd Kercheval Wine amp Spirit Wholesalers of Texas Lance Lively Executive Director Texas Package Stores Association

Matt Martin Shareholder Addison Law Firm Mignon McGarry Consultant Republic National Distributing Company

Jim Rudd Lobbyist California Wine Institute Brianna Saenz Assistant Kercheval amp Associates Peter Salatich Policy Analyst Senate Business amp Commerce Committee

Alan Sandersen CPA Sandersen amp Scheffer PLLC Tom Spilman Executive Vice President Wholesale Beer Distributors of Texas

JP Urrabuzo Beer Alliance of Texas Kelsey Vela Analyst Legislative Budget Board Randy Yarbrough Consultant Wholesale Beer Distributors of Texas

CALL TO ORDER

The meeting of the Texas Alcoholic Beverage Commission was called to order at 1034 am by Presiding Officer Kevin Lilly A quorum is present

APPROVAL OF COMMISSION MINUTES OF SEPTEMBER 26 2017

Presiding Officer Lilly moved for approval of the Commission Meeting minutes of September 26 2017 as written Commissioner Steen seconded The motion carried

COMMISSION REPORT AGENCY ACTIVITIES BUDGET ISSUES STAFF UPDATES LEGISLATIVE ACTIVITES

Executive Director Nettles advised that he would have division personnel come forward to brief on specific initiatives that have occurred since the last commission meeting

Executive Director Nettles asked Chief Financial Officer Vanessa Mayo to come forward with her presentation

Chief Financial Officer Mayo stated that the agency has incurred expenses related to Hurricane Harvey She added that an application for expense reimbursement was submitted to the Federal Emergency Management Agency (FEMA) on September 21 2017 while the agency still had personnel deployed in Houston TX Chief Financial Officer Mayo stated that the initial meeting with FEMA was conducted on October 12 2017 She added that the agency is claiming only two categories of items for reimbursement The reimbursement request includes costs for agent overtime worked agent travel expenses damaged vehicles and a contracted FEMA consultant that assisted with data entry and timeleave matters

Chief Financial Officer Mayo broke down the agencyrsquos Hurricane Harvey expenses by category

bull Agent hours worked o Regular Hours $521862 o Overtime estimated $1106283

bull Agent travel expenses o Fuel $52299 o Hotel amp per diem $274273

bull Flood damaged vehicles o 2014 Toyota Camry total loss o 2015 Ford Taurus repaired ( 5-7K for repairs)

Presiding Officer Lilly requested clarification on the roles of FEMA and Texas Division of Emergency Management (TDEM)

Chief Financial Officer Mayo explained that FEMArsquos role is processing all documentation and audits TDEM is responsible for disbursing the actual reimbursement to state agencies

Presiding Officer Lilly questioned Chief Financial Officer Mayo when the agency could expect the reimbursement Chief Financial Officer Mayo responded that the reimbursement could be by the end of January Presiding Officer Lilly questioned if the agency would be running at a deficit until the reimbursement arrives Chief Financial Officer Mayo responded to the negative She stated that since it is early in the fiscal year the agency has enough funds to cover expenses Chief Financial Officer Mayo added that the agency will need the reimbursement to make it through the fiscal year

Presiding Officer Lilly inquired if the agency needed to be doing anything to help the process along

Executive Director Nettles responded that the agency is in good shape He stated that the agencyrsquos FEMA application is fairly simple and the fact that a FEMA consultant was hired allowed the agency to submit a complete and organized application

Chief Financial Officer Mayo stated that the cost of the contracted FEMA consultant was just under $50000 She added that overall the agency has spent approximately $2 million on the Hurricane Harvey response

Presiding Officer Lilly questioned Chief Financial Officer Mayo how the agency would have covered these expenses if the hurricane had hit later in the fiscal year

Chief Financial Officer Mayo responded that Executive Director Nettles would have had to ask the Governorrsquos office for a special appropriation Executive Director Nettles responded that because we are a public safety agency the agency will be reimbursed for 100 of our expenses Chief Financial Officer Mayo added that other non-public safety agencies are being reimbursed at 90

Chief Financial Officer Mayo next presented a briefing on lapsed funds for FY17 She stated that the annual financial report was submitted on November 20 2017 and the operating budget report is due on December 1 2017

Chief Financial Officer Mayo stated that the total amount lapsed is just under $37 million which is approximately 72 of the total General Revenue Appropriated She added that the Governorrsquos mandated hiring freeze resulted in $650000 of lapsed salaries Chief Financial Officer Mayo stated that the majority of lapsed funds came out of the agencyrsquos enforcement strategy She added that the Centralized Accounting and PayrollPersonnel System (CAPPS) appropriation and all capital budgets include unspent funds from FY16 Statutory authority allows those budgetrsquos unspent funds to be transferred to the second year in a biennium Chief Financial Officer Mayo noted that positions held vacant during the hiring freeze also caused lapses in other budget areas such as travel consumables and vehicle maintenance She added that the

agency lapsed almost a half million dollars in fuel due to lower gas prices and position vacancies

Overall Chief Financial Officer Mayo stated that after the hiring freeze the agency was conservative with its spending resulting in the almost four million dollar lapse

Executive Director Nettles next asked Governmental Relations Director and the agencyrsquos new External Affairs Director Jared Staples to come forward to present their briefing

Director Morelock stated that the roundtable events being conducted across the state bring industry regulator and policy makers together She added that one event has already been held with twelve more scheduled across the state over the next few months Director Morelock stated that the invited legislators are asked to invite industry members from their districts to participate in the roundtable discussions Invited industry members are given the opportunity to fill out a survey indicating what the agency is doing well and where the agency can do better

Director Staples stated that on the day of the roundtable there is a short presentation for the attendees concerns received on the surveys are addressed and an open forum discussion

The two main goals in conducting these roundtables is to

1) To foster a collaborative partnership among the new TABC leadership team the alcoholic beverage industry and the legislature

2) To understand what the agency is doing right and where the agency can improve operations and communications

Director Morelock stated that the first roundtable event was held at TABC Headquarters for Travis and Williamson Counties on November 2 2017 She added that the feedback was positive from both industry and legislative attendees

Director Staples stated that the need for more concise and consistent communication from the agency was a common theme during the roundtable discussion He added that they received several recommendations on ways to address this issue and that the agency is open and available to the industry whenever an issue arises to find a workable solution

Director Morelock stated that online services were also a topic at the roundtable discussion Although the industry is appreciative of the current online services they would like to see original applications for licenses and permits added to the available services She added that there are some financial and code related issues that the agency must work through before this can happen Director Morelock stated that the agency is currently working on improving online tax reporting so permittees and licensees can pay and upload their report online She added that industry as well as the agency would like this to go a step further The agency is encouraging the industry to get involved during the sunset process The Sunset Commission needs to know what direction the industry would like to see the agency go

Director Morelock stated that another topic brought up at the roundtable was additional online and guidebook type training materials for industry sales staff She added that these training materials would also benefit industry event promoters from out of state Director Morelock stated that the agency will be looking into providing additional training materials

Director Staples stated that the industry would also like to see the agency more willing to work together with them to find solutions to issues that arise He added that during the roundtable discussion agency representatives expressed their commitment to work with industry to find the best paths for solutions going forward Director Staples stated that this alleviated some concerns and produced positive responses from industry members that were present

Presiding Officer Lilly applauded Executive Nettles and Directors Morelock and Staples on their efforts He added that these efforts show industry that the agency wants the 90-95 of the good actors that we regulate to succeed Presiding Officer Lilly stated that the other 5 of operators that are out of compliance will continue to feel the agencyrsquos presence

Executive Nettles next called upon Deputy Executive Director of Business and Operations Dennis Beal to come forward with a presentation on the TABC Physical Readiness Program

Deputy Executive Director Beal stated that during the last Commission Meeting Presiding Officer Lilly asked that the physical readiness test (PRT) for the agencyrsquos

commissioned peace officers (CPOs) be evaluated He added that just like in the military our commissioned peace officers have specific PRT requirements Deputy Executive Director Beal explained that the current PRT offers three options for testing

Deputy Executive Director Beal stated that almost all of the agencyrsquos CPOs choose the Concept 2 Rower test He added that each regional office has the same rowing machine All of the other testing options require the set-up of special provisions Deputy Executive Director Beal stated that as of January 1 2018 the agency will transition to two options for testing that will be a better test of their physical fitness He added that the standards will not be different for gender or age

Deputy Executive Director Beal stated that as of September 1 2018 the CPOs will still have the same two testing options but will now be graded on their performance He added that age gender and weight will factor into their grade Deputy Executive Director Beal stated that the new test will better evaluate the physical readiness of the agencyrsquos CPOs

Presiding Officer Lilly requested that Deputy Executive Director Beal to provide height and weight standards at the next commission meeting He also would like a comparison of how other law enforcement agencies deal with height weight and compliance

Presiding Officer Lilly stated that this is all about wellness He added that an employee who is fit will live longer and will be a more effective employee

Executive Director Nettles called upon Public Information Officer Chris Porter to come forward with his presentation

Public Information Officer Porter stated that the agency has implemented a Veterans Outreach Program He added that the goals of this program are to recognize veteran-owned businesses that are licensed or permitted by TABC and to assist those businesses in getting into contact with other state agencies that might have programs that could benefit their businesses

Public Information Officer Porter stated that the first certificate of recognition was presented to Austin Beerworks He added that this program was introduced through a press release and social media and has received a favorable response Public Information Officer Porter stated that TABC employees that are veterans were also recognized in the TABC Today agency newsletter earlier this month The published article included a message from Executive Director Nettles as well as a list of the names of the ninety-seven veterans that represent 14 of the agencyrsquos workforce The TABC Today newsletter is available on the agencyrsquos website and by email to all employees as well as others across the state that have signed up to receive this newsletter

Executive Director Nettles next called upon Human Resources Director Donn Rupp to come forward with his presentation

Director Rupp began his presentation with a briefing on the Civil Treatment for Employees Training that was conducted for external-facing employees in enforcement special investigations and audit He added that the training for this group of personnel consisted of a Stand DownSkype training session as well as a four hour face to face training session Director Rupp stated that this training is an interactive and exploratory session with regard to making employees aware of workplace behavior and how its ties to the agencyrsquos commissions cornerstones and policies He added that this training satisfies the state required harassment training which is required for employees every two years Director Rupp stated that the Stand DownSkype training was attended by one hundred sixty-four employees The four hour training was attended by one hundred forty-five employees

Director Rupp stated that the training continued with a Civil Treatment for Leaders training is a one day session that was coupled with half day session for the Harvard Business Review Training Document 3 He added that this training focuses on agency leadersrsquo legal obligation to do the right thing Director Rupp stated that in the past agency leaders have not been given the support they need He added that this

training provides the tools to be effective leaders through scenarios to develop skills to positively impact the workplace culture Director Rupp stated that thirty-six agency leaders have already participated in this day and a half training He added that there are more training sessions scheduled around the state in the upcoming weeks

Director Rupp next briefed the Commissioners on the new program TABC Your VoiceLink Director Rupp stated that both he and Executive Nettles have received feedback from employees that they have nowhere to share ideas or make suggestions to management He added the TABC Your VoiceLink is an interactive program that provides an online suggestion box for employee input Director Rupp stated that a TABC Your VoiceLink committee has also been formed This committee consists of a representative from each agency division He added that after an employee submits their suggestion it is managed first through the division then reviewed by the committee and finally to the executive team for final approval before posting The responses are posted every quarter Director Rupp stated that this program was launched November 17 2017 and the first responses will be posted in January

Presiding Officer Lilly commented that as leaders we must be held to a higher level of professionalism He added that a lack of professionalism will not be tolerated

Executive Director Nettles stated that at the beginning of the Stand DownSkype Training Session there is an Executive Directorrsquos message that explains that there is zero tolerance for any disparaging treatment based on age race sex or creed He added that he does not expect anyone else to have tolerance for this in this organization

Executive Director Nettles stated that the new TABC Your VoiceLink models what the federal agencies use He added that if the agency is able to implement an employeersquos suggestion we will do so If there are challenges to the suggestion the agency will explain why it canrsquot be done Executive Director Nettles explained that the agency does not want to discourage employees from submitting new ideas

Executive Director Nettles spoke on the accomplishments of the State Employee Charitable Campaign (SECC) agency committee He stated that this committee does a tremendous job during the campaign He added that he was even a judge during the chili cook-off this year Executive Director Nettles stated that the agency raised over eighteen thousand dollars for charities during this yearrsquos campaign

Executive Director Nettles next displayed a picture collage of agency employees wearing pink to support Breast Cancer Awareness He added that all divisions are encouraged to pick a day in October to wear pink to show their support

Executive Director Nettles inquired if the Commissioners had any questions on the presentations

Presiding Officer Lilly inquired if the agency conducts annual job skill tests for law enforcement officers

Deputy Executive Director of Enforcement Robert Saenz came forward to respond

Deputy Executive Director Saenz responded to the negative He stated that currently the job skills testing is not conducted due to the unavailability of a proper regional locations to perform these job skill tests He added that firearms training is conducted two times a year Deputy Executive Director Saenz stated that going forward the regional offices will be conducting leadership and Alcoholic Beverage Code training

Presiding Officer Lilly stated that every industry benefits from periodic standards testing

Executive Director Nettles stated that he has tasked the training division to create a ldquoBest of the Bestrdquo Competition He added auditors Certified Peace Officers (CPOs) and Licensing have unique skill sets Each region will have a competition and the best 1 or 2 from each region will come to Headquarters and complete against the other regional best in an agency wide competition

Deputy Executive Director Saenz stated that the training division provides reality based skills training for all CPOs

Executive Director Nettlesrsquo report is supported by a PowerPoint presentation (Attachment 1)

RECOGNITION OF SERVICE DURING HURRICANE HARVEY RESPONSE

Executive Director Nettles began the recognition ceremony with a video showing TABC agentsrsquo participation in the recovery efforts after Hurricane Harvey

Executive Director Nettles stated that TABC personnel did an outstanding job in responding quickly to the request by the Governor to assist with Hurricane Harvey operations He added that several deployment patch designs were created by agency Certified Peace Officers (CPOs) A survey was then sent out to all deployed CPOs who voted to select a patch design

Executive Director Nettles stated that the CPOs that will be recognized today were identified as officers that were not only in the impacted area but also responded to assist in recovery operations

Executive Director Nettles called upon Deputy Executive Director of Enforcement Robert Saenz to come forward and recognize these CPOs and present them a deployment patch

Deputy Executive Director Saenz stated that after Hurricane Harvey struck our state many Texans and law enforcement agencies were in need of assistance He added that TABC received assistance requests from three areas impacted by the storm Deputy Executive Director Saenz stated that in response to these requests TABC deployed one hundred and fifty-seven agents from August 28 ndash September 23 2017 He added that this was the largest deployment of TABC enforcement personnel in the history of the agency Deputy Executive Director Saenz praised the TABC agents and support personnel for the speed and efficiency that was displayed throughout this critical mission He added that although the majority of the response came from agents not in the affected areas several of the deployed officers left there damaged homes family and neighbors to answer the call Deputy Executive Director Saenz stated that the agency would like to recognize a small group of agents who not only deployed from affected areas but volunteered to deploy to multiple areas in order for TABC to meet the demands placed on the agency in offering assistance to our fellow Texans

Presiding Officer Lilly and Commissioner Steen recognized each agent and Captain Thompson with a Hurricane Harvey deployment patch

Andrew Costanza Joshua Johnson Jr Gabriel McCourtney Elias Pereyra Gene Rosby Dwight Green Raymond Darden Jr Cristobal Martinez Byron Smith Jose Morales Christopher Balboa Ryan Gregory

Captain Carla Thompson

Commissioner Ida Steen Recognized Agents Captain Thompson (center) Presiding Officer Kevin Lilly Executive Director Bentley Nettles

Presiding Officer Lilly stated that a deployment patch is one of the most covenanted items in the military He added that being able to present this patch to these agents is a huge honor Presiding Officer Lilly expressed his appreciation for all of the TABC personnel who supported all one hundred fifty-seven agents while they were deployed

Presiding Officer Lilly called upon Assistant General Counsel Martin Wilson to present the next agenda items

CONSIDERATION AND POTENTIAL ACTION ON ADOPTION OF PROPOSED AMENDMENTS TO RULE sect335 FOOD AND BEVERAGE CERTIFICATE

Assistant General Counsel Wilson stated that Rule sect335 Food and Beverage Certificate is for adoption He added that a public hearing was held but there were no attendees or written comments received Assistant General Counsel Wilson advised that he has briefed Presiding Officer Lilly and Commissioner Steen on all of the rules on the agenda He added that the main changes to this rule bring it into compliance with HB 2101

Presiding Officer Lilly moved to adopt the amendments to Rule sect335 Food and Beverage Certificate as recommended by staff Commissioner Steen seconded the motion and the motion passes

CONSIDERATION AND POTENTIAL ACTION ON ADOPTION OF PROPOSED AMENDMENTS TO RULE sect4571 DEFINITIONS

Assistant General Counsel Wilson stated that Rule sect4571 Definitions is also for adoption He added that there were no written or oral comments received on this rule at the public hearing Assistant General Counsel Wilson stated that the changes to this rule bring it into compliance with HB 2299

Presiding Officer Lilly moved to adopt the amendments to Rule sect4571 Definitions as recommended by staff Commissioner Steen seconded the motion and the motion passes

CONSIDERATION AND POTENTIAL ACTION ON ADOPTION OF PROPOSED AMENDMENTS TO RULE sect4585 APPROVAL OF LABELS

Assistant General Counsel Wilson stated that changes to Rule sect4585 Approval of Labels also bring the rule into compliance with HB 2299 He added that this rule deals with qualified laboratories to perform alcohol beverage testing to bring malt beverages into compliance

Presiding Officer Lilly moved to adopt the amendments to Rule sect4585 Approval of Labels as recommended by staff Commissioner Steen seconded the motion and the motion passes

CONSIDERATION AND POTENTIAL ACTION ON PUBLICATION OF NOTICE OF PROPOSED REVIEW OF RULE sect45111 ADVERTISING SIGNS AT CHARITABLE OR CIVIC EVENTS

Assistant General Counsel Wilson stated that upon review of this rule no changes are needed He added that in these cases a notice must be published in the Texas Register of the review of the rule Assistant General Counsel Wilson stated that if no comments are received the rule would come back to the Commission for adoption without having to publish proposed amendments

Presiding Officer Lilly moved to approve publication of the proposed rule review of Rule sect45111 Advertising Signs at Charitable of Civic Events as recommended by staff Commissioner Steen seconded the motion and the motion passes

CONSIDERATION AND POTENTIAL ACTION ON PUBLICATION OF PROPOSED AMENDMENTS TO RULE sect351 TRANSPORTATION OF ALCOHOLIC BEVERAGES BY PACKAGE STORES AND WINE ONLY PACKAGE STORES

Assistant General Counsel Wilson stated the Rule sect351 Transportation of Alcoholic Beverages by Package Stores and Wine Only Package Stores is also part of the rule review but amendments are needed to this rule He added that this rule only deals with transportation between their own store locations or for delivery to their client who will resale the product

Presiding Officer Lilly moved to approve publication of the proposed amendments to Rule sect351 Transportation of Alcoholic Beverages by Package Stores and Wine Only Package Stores as recommended by staff Commissioner Steen seconded the motion and the motion passes

CONSIDERATION AND POTENTIAL ACTION ON PUBLICATION OF PROPOSED AMENDMENTS TO RULE sect45106 SWEEPSTAKES AND GAMES OF CHANCE

Assistant General Counsel Wilson stated that changes to Rule sect45106 Sweepstakes and Games of Chance will bring it into compliance with HB 3003 He added that HB 3003 made changes to sweepstakes and the prizes that can be awarded

Presiding Officer Lilly moved to approve publication of the proposed amendments to Rule sect45106 Sweepstakes and Games of Chance as recommended by staff Commissioner Steen seconded the motion and the motion passes

EXECUTIVE SESSION TO CONSULT WITH LEGAL COUNSEL REGARDING APPOINTMENT OF AN INTERNAL AUDITOR UNDER GOVERNMENT CODE sect551071

Presiding Officer Lilly announced the regular open session of the Texas Alcoholic Beverage Commission will be recessed at this time 1139 am Tuesday November 28 2017 and an executive session will be held to consult with Legal Counsel regarding the appointment of an internal auditor under government code sect551071

The Texas Alcoholic Beverage Commission has concluded its Executive session and is now in open regular session The date is Tuesday November 28 2017 and the time is 1203 pm

ACTION ON ITEMS DISCUSSED IN EXECUTIVE SESSION

Presiding Officer Lilly called upon Chief Financial Officer Vanessa Mayo to come forward and present the staff recommendation for the position of internal auditor

Director Mayo stated that as discussed in executive session the agency posted a request for proposal on September 11 2017 for the agencyrsquos internal auditor She added that the agency received eight responses The eight candidates were evaluated and scored and the top three were invited to conduct presentations to executive staff Director Mayo stated that after review of the qualifications and considering the agencyrsquos budget staff recommends that the contract be issued to Sanderson amp Scheffer PLLC for two years in the amount of $50000

Presiding Officer Lilly moved that the agency offer the auditor contract to Sandersen amp Scheffer PLLC and further move that the agency delegate the Chief Financial Officer to contact Alan Sandersen and arrange the terms and conditions of his contract Commissioner Steen seconded the motion and the motion passes

PUBLIC COMMENT

Presiding Officer Lilly opened the floor for additional comments before the Commission No one came forward to address the Commission

NEXT MEETING DATE

Presiding Officer Cuevas announced the next meeting date is scheduled for Tuesday January 23 2018

ADJOURNMENT Presiding Officer Lilly adjourned the meeting at 1205 pm

Attachment 1

Commission Report Executive Director and Agency Activities Budget Issues Staff Updates

Legislative Activities

282018

Texas Alcoholic Beverage Commission

Commission Meeting November 28 2017

Hurricane Harvey FEMA Reimbursement

bull Application for assistance submitted 92117

bull Initial meeting with FEMA on 101217

bull Application submitted and currently under review by FEMA for payment

bull Reimbursement request includes costs for bull Agent overtime worked bull Agent travel expenses bull Damaged vehicles bull Contracted FEMA expert

TEXAS ALCOHOLIC BEVERAGE COMMISSION February 8 2018 2

282018

Hurricane Harvey Expenses

bull Agent hours worked bull Regular Hours $521862 bull Overtime estimated $1106283

bull Agent travel expenses bull Fuel $52299 bull Hotel amp per diem $274273

bull Flood damaged vehicles bull 2014 Toyota Camry total loss bull 2015 Ford Taurus repaired

bull Contracted FEMA consultant bull Purchase order for $49955 bull Current invoice total $25703

bull Misc items bull $143

bull TABC spent approximately $2 million

282018

Lapsed Funds for FY17

bull Total amount lapsed just under $37 million bull Approximately 72 of total General Revenue

Appropriated bull Hiring Freeze resulted in $650000 of lapsed salaries bull Small changes possible due to outstanding invoices

Lapse Totals by Budget

February 8 2018 TEXAS ALCOHOLIC BEVERAGE COMMISSION 6

Strategy Total

Enforcement $1665530

Licensing $571643

Compliance Monitoring $562615

Ports of Entry $303466

Central Administration $87249

CAPPS $98800

Information Resources $47408

Other Support Services $101688

Total Strategy Lapse $3438380

Capital Budget Total

PC Replacements $2498

HardwareSoftware Acquisitions $85831

Building Security $13113

Fleet Acquisition $50326

Data Center Consolidation $6312

Public Safety Equipment $80621

Total Capital Lapsed $238700

Total Funds Lapsed for FY17 $3677080

Amounts include totals carried over from FY16

282018

TABC Roundtable Tour of Texas

bull TABC is hosting 13 roundtables across the state

bull Roundtable Schedule bull Austin ndash November 2 2017 bull San Marcos ndash December 12 2017 bull San Antonio ndash December 13 2017 bull Houston Area ndash January 9-10 2018 bull Tyler ndash February 6 2018 bull BryanCollege Station ndash February 13 2018 bull Frisco Grand Prairie and Denton ndash February 27-March 1 2018 bull Waco ndash April 3 2018

November 28 2017 TEXAS ALCOHOLIC BEVERAGE COMMISSION 7

Inaugural Roundtable Event Austin Texas ndash TABC Headquarters ndash November 2 2017

bull Attendance bull 13 from the Alcoholic Beverage Industry bull 8 from the Texas Legislature (membersstaff)

bull Message to Stakeholders bull New leadership and organizational structure bull Business-minded approach bull New regulatory warning system bull TABCrsquos mobile smartphone app bull Sunset review process

282018

What We Learned

bull Areas for Agency Improvement bull Concise amp consistent communication from TABC bull Additional amp improved online services bull Enhanced education amp training for industry

bull Positive Roundtable Feedback

The agency is required to provide fitness standards for commissioned peace officers (CPOs) in compliance with Texas

Government Code Chapter 614 Subchapter J

282018

CURRENT ndash Dec 31 2017 (single standard)

Fitness Test Battery Concept 2 Rower Job Skills Test 1 Push‐up ndash 13 no time 1 2000 meter 1 Victim Extraction ndash 52

seconds

2 300 meter run ndash 93 seconds

3 15 mile run ndash 2155 minutes

2 Resistance Level 5

3 2155

2 Raid ndash 100 seconds (1 minute 40 seconds)

3 Pursuit and Arrest ndash 113 seconds (1 minute 53 seconds)

Jan 1 ndash Aug 31 2018 (transition period)

Fitness Test Battery 1 Push‐up ndash 23 (no time)

Concept 2 Rower 1 2000 meters

2 Sit up ndash 21 (2 minutes) 2 Resistance setting of 5

3 15 mile run ndash (1920 minutes) 3 13 minutes

282018

Sept 1 2018 (AgeGenderWeight grading)

Fitness Test Battery Concept 2 Rower 1 Push‐up ndash 23 (no time) 1 2000 meters

3 15 mile run ndash (1920 minutes)

agegender standards used by the Texas Department of Public Safety The above shall be scored based on the template

Veterans Outreach Program

bull Recognizing Veteran‐Owned Businesses bull Certificate certifying businesses as ldquoveteran‐ownedrdquo bull Connecting business owners to state veteran programs

bull Began in October 2017 bull Asked current license amp permit holders to let TABC know of their veteran status

bull Future license amp permit applications will ask about veteran status

bull First of the certificates presented to Austin Beerworks co‐owner Michael McGovern former US Army artillery officer and West Point graduate

Austin Beerworks co‐owner Mike McGovern (left) and employee Angel Reyna Both are US Army veterans

282018

Veteran Recognition Certificate

bull About 40 veteran‐owned businesses have made contact so far

bull Program announced via TABC press releasesocial media

bull Media interest high (S Texas)

Recognizing TABCrsquos veterans bull Former military employees named in November issue of lsquoTABC Todayrsquo newsletter

bull Executive Directorrsquos message to all employees

bull 97 veterans total (14 of workforce)

bull Made available by e‐mail and on agency website (publicly visible)

282018

HR on the Gohellip Civil Treatment for Employees

(Stand DownSkype 1 Hour Training - 4 Hour Face to Face Employee Training)

Civil Treatment for Leaders ndash Document 3 (Day and a half interactive training session)

TABC Your VoiceLink

CIVIL TREATMENT FOR EMPLOYEES Civil Treatment for Employees is a dynamic and interactive learning experience that promotes clear understanding of our agencies workplace standards and expectations With simple and sustainable learning models and tools our employees develop skills proven to positively impact TABCrsquos workplace culture and agency objectives in ways that align with our agencyrsquos vision and core values We review Sexual Harassment Managerrsquos Duty to Act RetaliationProtected Protest Abusive Behavior Inappropriate Mutual Banter Social Media Hostile Workplace Behavior Discrimination

Stand Down (Skype 1 HR Employee Sessions) 4 Hour Employee Civil Treatment for Employees

164 employees have attended the call in sessions 149 Employees have attended the 4 hour face to face sessions

282018

CIVIL TREATMENT FOR LEADERS ndash DOCUMENT DOCUMENT DOCUMENT (D3)

All agency LEADERS go through a day and frac12 Interactive Performance Management course Civil Treatment for Leaders (CTL) and D3 ndash provide leaders with the skills and insights needed to achieve positive agency results and engage and inspire employees to do their best work Rather than focusing only on the law CTLD3 focuses on a wide range of behaviors and offers a comprehensive interactive learning solution based on realistic day to day interactions Leaders gain new insights and realize how ldquodoing what wersquove always donerdquo is affecting results in ways they may not have considered With simple and sustainable learning models and tools leaders develop skills proven to positively impact workplace culture and agency results Coupled with D3 which provides tips on how to manage performance and scenarios based exercises to understand how each leadership style can be supported by the CTL tools from the day before

1 Day (8 Hours) ‐ Employee Civil Treatment for Leaders (CTL) ndash frac12 Day ndash Document Document Document (D3)

36 Leaders (SupervisorsSergeant and above) have attended the 1 day frac12 sessions

The objectives of the TABC Your VoiceLink Committee under the direction of Executive management are to

bull Ensure when an employee submits their suggestions andor ideas regarding the agency the submissions are reviewed and considered for implementation

bull Ensure and manage timely responses to these submittals

bull Develop recommendations to ensure a smooth realignment to the new Organization structure

bull Provide strategic input to operations of TABC during the Strategic planning process

bull Assist TABC executives in developing priorities from a statewide perspective

The TABC Your VoiceLink Committee will provide oversight and ongoing management of the agencyrsquos TABC Your VoiceLink Innovation and Improvement program The TABC Your VoiceLink provides agency employees with a continuing voice in the broad direction and quality assurance of TABC by allowing them to submit suggestions for process improvement cost savings procedure improvements and general innovation ideas It is the duty of the Committee to manage the timely response to all suggestions submitted by employees

282018

TABC 2017 State Employee Charitable Campaign Results Total Raised $1829300

REGION 4 $400

REGION 1 $720

REGION 3 $872 REGION 2 $407000

HEADQUARTERS $6293

REGION 5 $5938

282018

Questions

Attachment 2

TABC Hurricane Harvey Operations Patch

282018

Hurricane Harvey Operations Patch

Attachment 3 Rules Agenda Items 5-10

November 28 2017 Commission Meeting Agenda Item No 5 Adopt Proposed Amendments to Rule sect335 Food and Beverage Certificate

The Texas Alcoholic Beverage Commission adopts amendments to sect335 relating to Food and

Beverage Certificate without changes to the proposed text as published in the October 13 2017

issue of the Texas Register (42 TexReg 5613) No comments were received

th House Bill No 2101 35 Regular Session of the Texas Legislature amended Alcoholic

Beverage Code (Code) sectsect2513 2818 3223 and 6916 to provide more uniform treatment of

food and beverage certificates regardless of their associated primary pennit or license

For purposes of rule sect335 one of the significant changes was to eliminate the requirement that

the permit or license holder was responsible for food preparation For some permits or licenses

the premises formerly had to be primarily a food service establishment Under the Code as

amended food has to be available at the location (the designated physical address of the

permitted or licensed premises) but the food need not be provided by the permit or license

holder And although permanent food service facilities are required the location need not be

primarily a food service establishment The adopted amendments to rule sect335 are intended to

conform the rule to the new Code requirements In addition stylistic and grammatical changes

are made throughout

In addition to amending the rule to reflect the recent legislative changes the commission has

reviewed the section pursuant to Government Code sect2001039 and has determined that the need

for the rule continues to exist but that the adopted changes to the current rule are appropriate

The amendments are adopted pursuant to Alcoholic Beverage Code sect531 which grants authority

to prescribe rules necessary to carry out the provisions of the Code

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid

exercise of the agencys legal authority

Text of rule as adopted

sect335 Food and Beverage Certificate

(a) This rule relates to sectsect2513 2818 3223 and 6916 of the Texas Alcoholic Beverage

(b) Each applicant for an original or renewal food and beverage certificate shall include all information required by the commission to insure compliance with all applicable statutes and rules

(c) Application for the certificate shall be upon forms prescribed by the commission (d) The biennial certificate fee for each location is $20000 and must be submitted in the

form of a cashiers check US postal money order or company check made payable to the Texas Alcoholic Beverage Commission A certificate expires upon expiration or cancellation of the primary permit or license No prorated certificate fees will be given and no refunds made for issuance of the food and beverage certificate for less than two years

(e) The following words and terms when used in this section shall have the following meaning unless the context clearly indicates otherwise

(1) Food service--cooking or assembling of food on the location primarily for consumption at the location Commercially pre-packaged items purchased off of the location which require no cooking or assembly do not constitute food service under this section

(2) Entree--main dish or course of a meal

(3) Food service facilities--a designated permanent portion of the licensed location including commercial cooking equipment where food is stored and prepared primarily for consumption at the location

(4) Premise-the designated area at a location that is licensed by the commission for the sale service or delivery of alcoholic beverages

(5) Location-the designated physical address of a premise but also including all areas at that address where the permit or license holder may sell serve or deliver alcoholic beverages for immediate consumption at the address regardless of whether some of those areas are occupied by other businesses as long as those businesses are contiguous (f) An applicant is qualified for a food and beverage certificate if the following conditions

in addition to other requirements are satisfied (1) multiple entrees are available to customers and (2) permanent food service facilities are maintained at the location

(g) The hours of operation for sale and service of food and of alcoholic beverages are the same except that food may be sold or served before or after the legal hours for sale of alcoholic beverages (h) If the applicant is a hotel that maintains separate area restaurants lounges or bars food service facilities must exist for each of the designated licensed premises (i) An applicant for an original food and beverage certificate shall furnish the following as well as any other information requested by the commission to ensure compliance

(1) the menu or if no menu is available a listing of the food and beverage items (2) hours of operation of food service and hours of operation for ale or service of

alcoholic beverages Page 2 of 23

(3) sales data (including complimentary drinks as recorded pursuant to subsection (n)(3)) or if not available a projection of sales The sales data or projection of sales should include sufficient breakdown of revenues of food alcoholic beverages and other major sales categories at the location

(4) listing of commercial cooking equipment used in the preparation and service of food and

(5) copies of floor plans of the location indicating the licensed premise and permanent areas devoted primarily to the preparation and service of food U) Applicants for renewal of food and beverage certificates shall submit sales data described in subsection (n) The commission may request additional information or documentation to indicate that the licensed location has permanent food service facilities for the preparation and service of multiple entrees (k) The commission may review the operation at the location to determine that food service

with food service facilities for the preparation and service of multiple entrees is maintained In doing so the commission may review such items as required in the original or renewal application as well as advertising promotional items changes in operations or hours changes in floor plans prominence of food items on the menu as compared to alcoholic beverages name of the businesses at the location number of transactions with food components copies of city or county permits or certificates relating to the type of business operation and any other item deemed necessary or applicable (1) Failure to provide documentation requested or accurately maintain required records is prima facie evidence of non-compliance (m) In verifying that food service is being maintained at the location the commission may examine all books papers records documents supplies and equipment of the certificate holder (n) The following recordkeeping requirements apply to certificate holders

(1) records must be maintained to reflect separate totals for alcoholic beverage sales or service food sales and other major sales categories at the location

(2) purchase invoices must be maintained to reflect the total purchases of alcoholic beverages food and other major purchase categories at the location

(3) complimentary alcoholic beverages must be recorded and included in the total alcoholic beverage sales as if they were sold and clearly marked as being complimentary and

(4) all records must be maintained for four years and made available to authorized representatives of the commission upon reasonable request ( o) In considering alcoholic beverage sales the dollar value of complimentary drinks shall be added to total sales or service of alcoholic beverages in determining the percentage of alcoholic beverage sales or service on the licensed premises (p) In determining the permanent food service facilities requirement under subsection (f)(2) the gross receipts of all business entities sharing the location (as identified in the original or a supplemental application) will be considered For audit purposes it shall be the responsibility of the food and beverage certificate holder to provide financial and accounting records related to

food alcohol and other major sales categories of all business entities sharing the location For audit purposes if such information that is provided is deemed insufficient to determine if a permit or license holder qualifies for issuance of a food and beverage certificate at the location the computation and determination of the percentage of alcohol sales or service fees to total gross receipts at the licensed location may be based upon any available records or information

Text of rule showing amendments to prior version of rule

(a) This rule relates to sectsect2513 2818 3223 and 6916 of the Texas Alcoholic Beverage Code (b) Each applicant for an original or renewal food and beverage certificate shall include all

information required by the commission to insure compliance with all applicable statutes and rules [ and regulations of the agency]

( c) Application for the certificate shall be upon forms prescribed by the commission ( d) The biennial certificate fee for each location is $20000 and must be submitted in the

form of a cashiers check US postal money order or company check made payable to the Texas Alcoholic Beverage Commission A [The original] certificate expires [ 1Nill expire] upon expiration or cancellation of the primary permit or license No prorated certificate fees will be given and no refunds made for issuance of the food and beverage certificate for less than two years

(1) Food service--cooking or assembling of food on the location [premise] primarily for [on premise] consumption at the location Commercially pre-packaged items purchased off of the location [off premise] which require no cooking or assembly do not constitute food service under this section

(2) Entree--main dish or course of a meal [(3) Multiple entrees at least eight different entrees per meal period must be

available to customers]

ill [E4)] Food service facilities--a designated pennanent portion of the licensed location including commercial cooking equipment [premises] where food is stored and prepared primarily for [en-premise] consumption at the location

(1 [(-Sj] Premise-the designated area at a location that is licensed bv the commission for the sale service or delivery of alcoholic beverages [premise]

ill [(BJ] Location-the designated physical address of a premise but also including all areas at that address where the permit or license holder may sell serve or deliver alcoholic beverages for immediate consumption at the address regardless of whether some of those areas

are occupied by other businesses as long as those businesses are contiguous [licensed premise] (f) An applicant is qualified for a food and beverage certificate if the following conditions

in addition to other requirements are satisfied (1) multiple entrees are available to customers and (2) permanent food service facilities are maintained at the location [ en---tbe premises (3) 1vith respect to retail dealers on premise li-eenses and wine and beer retailers

pemrit-s--the-p-rimary-business 01Hhe-premises is food service as determined in accordance with tmbsection (q) and

(ti) vith respect to mixed beverage pem1its and private club registration permitt the applicant maintaim food tervice on the premise] (g) The hours of operation for sale and service of food and of alcoholic beverages are the same except that food may be sold or served before or after the legal hours for sale of alcoholic beverages [(h) An applicant may present evidence to the exeo11tive director or the exeodtive directors designee which demonstrates substantial compliance middot-ith subsections (f)[( l) and (g)] Approval may be granted middotvhen the execufre director or the executive directors designee is satisfied that the operation is a food service establishment] (h [(i] If the applicant is a hotel that maintains separate area restaurants lounges or bars food service facilities must exist for each of the designated licensed premises ill [(B] An applicant for an original food and beverage certificate shall furnish the following as well as any other information requested by the commission to ensure compliance

(1) the menu or if no menu is available a listing of the food and beverage items (2) hours of operation of food service and hours of operation for sale or service of

alcoholic beverages (3) sales data (including complimentary drinks as recorded pursuant to subsection

(n)(3)) or if not available a projection of sales The sales data or projection of sales [ or data] should include sufficient breakdown of revenues of food alcoholic beverages and other major sales categories at the location

(5) copies of floor plans of the location [licensed premises] indicating the licensed premise and permanent areas devoted primarily to the preparation and service of food

(i) [00] Applicants for renewal of food and beverage certificates [vhoseprimarypermits are a wine and beer retailers pem1it or a retail dealers on premise license] shall submit sales data described in subsection (n) [(B)] The commission may request additional information or documentation to indicate that [the b11Siness at] the licensed location has permanent [is a food service estab-li-shmen-t-with] food service facilities for the preparation and service of multiple entrees

ill [flt] The commission may review the operation at the location [licensed premises] to determine that [the applicant or holder of the food and beverage certificate has or is maintaining] food service with food service facilities for the preparation and service of multiple entrees maintained In doing so the commission may review such items as required in the original or renewal application as well as advertising promotional items changes in operations or hours changes in floor plans prominence of food items on the menu as compared to alcoholic beverages name of the businesses at the location [business] number of transactions with food components copies of city or county pennits or certificates relating to the type of business operation and any other item deemed necessary or applicable

ill [fm-)] Failure to provide documentation requested or accurately maintain required records is prima facie evidence of non-compliance

ru_ [W] In verifying that [the certificate holder is maintaining] food service is being maintained at the location [ as the primary business on the premises] the commission may examine all books papers records documents supplies and equipment of the certificate holder

(n)_ [fe-1] The following recordkeeping requirements apply to certificate holders [ who hold a 1vvine and beer retailers permit including raihvay cars and excursion boats or a retail dealers on premise license]

(4) all records must be maintained for four years and made available to authorized representatives of the commission upon reasonable request ( o) [ (-r-B In considering alcoholic beverage sales [ for holden of mixed beverage permitt private club regittration permits private club exemption certificate pem1its and private club beer and wine pennitt] the dollar value of complimentary drinks shall be added to total sales or service of alcoholic beverages in determining the percentage of alcoholic beverage sales or service on the licensed premises (Q ( EJ)] In determining the pennanent food service facilities requirement [primary b1siness of retail dealers on premise licenses and 1vine and beer retailers pennits] under subsection (f)ffi [0] the gross receipts of all business entities sharing the location [premise] (as identified in the original or a supplemental application) will be considered For audit purposes it shall be the responsibility of the food and beverage certificate holder to provide financial and accounting records related to food

1 [ Ufld] alcohol and other major sales categories of all business entities

sharing the location [licensed premise] For audit purposes if such infomrntion that is provided is deemed insufficient to determine if a pem1it or license holder qualifies for issuance of a food and beverage ce1iificate at the location the computation and determination of the percentage of

alcohol sales or service fees to total gross receipts at the licensed location may be based upon any available records or infonnation

November 28 2017 Commission Meeting Agenda Item No 6 Consideration and Potential Action on Adoption of Proposed Amendments to Rule sect4571 Definitions

The Texas Alcoholic Beverage Commission adopts amendments to sect45 71 relating to Definitions without changes to the proposed text as published in the October 13 2017 issue of the Texas Register (42 TexReg 5615) No comments were received

House Bill No 2299 85th Regular Session of the Texas Legislature amended Alcoholic Beverage Code

sect 1 0 1 67 regarding testing of malt beverages to verify alcohol content Prior to the House Bill No 2299

amendments such testing had to be conducted by an independent reputable laboratory or by the

commission The amendments deleted the reference to the reputation of independent laboratories and

added another category of laboratories eligible to verify alcohol content ie laboratories certified by the

US Alcohol and Tobacco Trade Bureau as qualified for the analysis of beer for export

The amendments to rule sect45 7 1 conform the rule to Alcoholic Beverage Code sect 1 0 1 67 as amended by

deleting the reference to reputation in the definition of an independent laboratory and by adding a

definition of qualified laboratory

In addition to amending the rule to reflect the recent legislative changes the commission has reviewed the section pursuant to Government Code sect2001039 and has determined that the need for the rule continues to exist but that the adopted changes to the current rule are appropriate

The amendments are adopted pursuant to Alcoholic Beverage Code sect531 which grants authority to prescribe rules necessary to carry out the provisions of the Code

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agencys legal authority

Text of rule as amended

sect45 71 Definitions

The following words and terms when used in this subchapter shall have the following meanings unless

the context clearly indicates otherwise

( 1 ) Beer--A malt beverage containing one half of one percent or more of alcohol by volume

and not more than 40 of alcohol by weight

(2) Bottler--Any person who places malt beverages in containers

(3) Brand label--The label carrying in the usual distinctive design the brand names of the malt beverage

( 4) Container--Any can bottle barrel keg or other closed receptacle irrespective of size or of the material from which made for use for the sale of malt beverages at retail This provision does not in any way relax or modify sect 1 04( 1 8) of the Alcoholic Beverage Code

(5) Domestic malt beverages--A malt beverage manufactured in the United States (6) Gallon--United States gallon of 23 1 cubic inches of malt beverages at 39 2 degrees

Fahrenheit (4 degrees Celsius) All other liquid measures used are subdivisions or multiples of the gallon as so defined

(7) Independent laboratory--A laboratory that is not affiliated with the Texas Alcoholic Beverage Commission or with any entity regulated by the Texas Alcoholic Beverage Commission

(8) Malt beverage--A beverage made by the alcoholic fermentation of an infusion or decoction or combination of both in potable brewing water of malted barley with hops or their parts or their products and with or without other malted cereals and with or without the addition of unmalted or prepared cereals other carbohydrates or products prepared therefrom and with or without the addition of carbon dioxide and with or without other wholesome products suitable for human consumption

(9) Malt liquor--Any malt beverage containing more than 40 of alcohol by weight In this subchapter malt liquor and ale have the same meaning

( 1 0) Qualified laboratory - A laboratory referenced in Alcoholic Beverage Code sect 1 0 1 67(a)( l )(B) that is equipped to perform all analyses required by the United States Alcohol and Tobacco Tax and Trade Bureau (TTB) or its successor agency for beer to be certified for export and employs an individual who is certified by TTB to perform or supervise those required analyses

Text of rule showing proposed amendments

sect45 7 1 Definitions

The following words and terms when used in this subchapter shall have the following meanings unless the context clearly indicates otherwise

( 1 ) Beer--A malt beverage containing one half of one percent or more of alcohol by volume and not more than 4 0 of alcohol by weight

(2) Bottler--Any person who places malt beverages in containers (3) Brand label--The label carrying in the usual distinctive design the brand names of the

malt beverage ( 4) Container--Any can bottle barrel keg or other closed receptacle irrespective of size or

of the material from which made for use for the sale of malt beverages at retail This provision does not in any way relax or modify sect 1 04( 1 8) of the Alcoholic Beverage Code

(5) Domestic malt beverages--A maltbeverage manufactured in the United States (6) Gallon--United States gallon of 23 1 cubic inches of malt beverages at 392 degrees

Fahrenheit ( 4 degrees Celsius) All other liquid measures used are subdivisions or multiples of the gallon as so defined

(7) Independent laboratory--A laboratory that which has a good reputation in the industry and is not affiliated with the Texas Alcoholic Beverage Commission or with any entity regulated by the Texas Alcoholic Beverage Commission

(10) Qualified laboratorv - A laboratory referenced in Alcoholic Beverage Code sectJ_O l 07LcLll(l3-)Jhlt1tis equi1med to perform all anal vscs reg_uired bv the Unite_micro StsJtes AJ_coh0Lm10 Tobacco Tax and Trade Bureau (TTB) or its successor agency for beer to be certified for export and employs an individual who is certified bv TTB to perfonn or supervise those required analvses

November 28 2017 Commission Meeting Agenda Item No 7 Consideration and Potential Action on Adoption of Proposed Amendments to Rule sect4585 Approval of Labels

The Texas Alcoholic Beverage Commission adopts amendments to sect4585 relating to Approval of Labels without changes to the proposed text as published in the October 13 2017 issue of the Texas Register (42 TexReg 56 1 6) No comments were received

House Bill No 2299 85th Regular Session of the Texas Legislature amended Alcoholic Beverage Code sect 1 0 1 67 regarding testing of malt beverages to verify alcohol content Prior to the House Bill No 2299 amendments such testing had to be conducted by an independent reputable laboratory or by the commission The amendments deleted the reference to the reputation of independent laboratories and added another category of laboratories eligible to verify alcohol content i e laboratories certified by the US Alcohol and Tobacco Trade Bureau as qualified for the analysis of beer for export

The amendments to sect45 85 conform the rule to Alcoholic Beverage Code sect 1 0 1 67 as amended by adding test results from qualified laboratories to those from independent laboratories as those which may be submitted in lieu of submitting a product sample in connection with an application for the approval of a label for a malt beverage

In addition to amending the rule to reflect the recent legislative change the commission has reviewed the section pursuant to Government Code sect200 1 039 and has detennined that the need for the rule continues to exist but that the proposed changes to the current rule are appropriate

sect4585 Approval of Labels

(a) No beer ale or malt liquor may be shipped into the state imported into the state manufactured and offered for sale in the state or distributed sold or stored in the state until a sample of the beverage has been analyzed and the label approved by the commission

(b) An applicant for label approval under this section must hold a brewers or non-resident brewers permit a manufacturers or non-resident manufacturers license or a brewpub license issued by the corruruss10n ( c) An applicant must submit to the commission an application on the form prescribed by the

commission and a $25 application fee for each size requested on the application The application must be accompanied by

( 1 ) a legible copy of the certificate of label approval issued by the United States Department of the Treasury and

(2) an actual label that is affixed to the product as shipped sold or marketed or an exact color copy of the label (d) A sample of the beverage must be submitted to the commission for analysis to verify alcohol

content A product analysis provided by an independent laboratory or a qualified laboratory may be submitted in lieu of the actual sample If an application is for a label revision a sample of the beverage must be submitted to the commission for analysis to verify alcohol content if the analysis on file is older than 5 years A product analysis provided by an independent laboratory or a qualified laboratory may be submitted in lieu of the actual sample if the analysis on file is older than 5 years

( e) Permissible Label Revisions An application for label approval is a permissible revision or amendment if it includes only the changes described in paragraphs ( 1 )-(9) All mandatory label information must be legible and appear on a contrasting background Any changes made under this section must not violate this subchapter of the Alcoholic Beverage Code and must conform to the general requirements specified by this subchapter Any changes in spelling must not change the meaning of the previously approved label

( 1 ) Add or delete any non-mandatory label information including text illustrations graphics and ingredients

(2) Reposition any label information including text illustrations and graphics (3) Change the color of the background or text the shape or the proportionate size of labels ( 4) Change the type size or font or make appropriate changes to the spelling (including

punctuation marks and abbreviations) of words (5) Change to the type of container or net contents statement (6) Add delete or change optional information referencing awards medals or a rating or

recognition provided by an organization as long as the rating or recognition reflects simply the opinion of the organization and does not make a specific substantive claim about the product or its competitors

(7) Add delete or change holiday or seasonal-themed graphics artwork or salutations (8) Add delete or change promotional sponsorship-themed graphics logos artwork dates

event locations or other sponsorship-related information (9) Add delete or change references to a year or date

(f) This section implements Alcoholic Beverage Code sect 1 0 1 4 1 and sect 1 0 1 67 pursuant to the requirements of Alcoholic Beverage Code sect5 38 and the authority of Alcoholic Beverage Code sect5 3 1

0 of 23

(b) An applicant for label approval under this section must hold a brewers or non-resident brewers permit a manufacturers or non-resident manufacturers license or a brewpub license issued by the comrruss10n

( c) An applicant must submit to the commission an application on the form prescribed by the commission and a $25 application fee for each size requested on the application The application must be accompanied by

(2) an actual label that is affixed to the product as shipped sold or marketed or an exact color copy of the label

(d) A sample of the beverage must be submitted to the commission for analysis to verify alcohol content A product analysis provided by an independent laboratory or a qualified laboratory may be submitted in lieu of the actual sample If an application is for a label revision a sample of the beverage must be submitted to the commission for analysis to verify alcohol content if the analysis on file is older than 5 years A product analysis provided by an independent laboratory or a qualified laboratorv may be submitted in lieu of the actual sample if the analysis on file is older than 5 years

punctuation marks and abbreviations) of words (5) Change to the type of container or net contents statement ( 6) Add delete or change optional information referencing awards medals or a rating or

November 28 2017 Commission Meeting Agenda Item 8 Consideration and Possible Action on Publication of Notice of Proposed Review of Rule sect45111 Advertising Signs at Charitable or Civic Events

The Texas Alcoholic Beverage Commission proposes to review 16 Texas Administrative Code sect45111 Advertising Signs at Charitable or Civic Events in accordance with Texas Government Code sect2001039 An assessment will be made by the Commission as to whether the reasons for adopting the rule continue to exist The review will examine whether the rule is obsolete whether the rule reflects current legal and policy considerations and whether the rule reflects current procedures of the Commission Comments on the review may be submitted in writing to Martin Wilson Assistant General Counsel Texas Alcoholic Beverage Commission at PO Box 13127 Austin Texas 78711-3127 by facsimile transmission to (512) 206-3280 or by email to rulestabctexasgov Comments will be accepted for 30 days following publication of this notice in the Texas Register

The staff of the commission will hold a public hearing to receive oral comments on the review on Thursday January 4 2017 at 1 30 pm in the commission meeting room on the first floor at the commissions headquarters which is located at 5806 Mesa Drive in Austin Texas

Text of rule to be reviewed sect45111 Advertising Signs at Charitable or Civic Events

(a) This rule is enacted pursuant to sect 10853(d) of the Alcoholic Beverage Code (b) At a charitable or civic event of a temporary nature members of the alcoholic beverage

industry may place signs or other advertising materials indicating their participation in or sponsorship of the charitable or civic event

( c) It is the intent of this rule that any proceeds from signs advertising alcoholic beverages be received directly by the charity or civic endeavor

(d) Notwithstanding any other provision of the Alcoholic Beverage Code signs at a charitable or civic event of a temporary nature may be within 200 feet of the licensed premises of a retailer of alcoholic beverages No consideration of any kind may be given directly or indirectly in any form or degree to any retailer for the placement of any sign

Note Original Rule Effective September 1 7 1998

November 28 2017 Commission Meeting Agenda Item No 9 Consideration and Possible Action on Publication of Proposed Amendments to Rule sect35 1 Transportation of Alcoholic Beverages by Package Stores and Wine Only Package Stores

The Texas Alcoholic Beverage Commission proposes amendments to sect35 1 Transportation of Alcoholic Beverages by Package Stores and Wine Only Package Stores

Rule sect35 1 addresses transportation of alcoholic beverages shipped under the authority of Alcoholic Beverage Code sect2208 (transfer of alcoholic beverages by the owner of more than one package store between the owners stores in the same county) sect23 04 (transfer of alcoholic beverages by holders of local distributor s permits to places in the same city or county where the sale of alcoholic beverages is legal) or sect2404 (transfer of alcoholic beverages by the holder of a wine only package store permit from a designated place of storage to the permit holders other stores in the same county)

The proposed amendments to rule sect35 1 would clarify that the section only applies to transportation to permitted or licensed locations The proposed amendments also require that the invoice must indicate the price of items that are sold and must be signed by the recipient to acknowledge receipt of the alcoholic beverages

The commission has reviewed the section pursuant to Government Code sect200 1 039 and has determined that the need for the rule continues to exist but that the proposed changes to the current rule are appropriate

Martin Wilson Assistant General Counsel has determined that for each year of the first five years that the proposed amendments will be in effect there will be no fiscal impact on local government attributable to the amendments There is no fiscal impact on state government

The proposed amendments will have no fiscal or regulatory impact on micro-businesses small businesses rural communities or persons regulated by the commission There is no anticipated negative impact on local employment

This paragraph constitutes the commissions government growth impact statement for the proposed amendments The analysis addresses the first five years the proposed amendments would be in effect The proposed amendments neither create nor eliminate a government program The proposed amendments do not require the creation of new employee positions or the elimination of existing employee positions Implementation of the proposed amendments requires neither an increase nor a decrease in future legislative appropriations to the commission The proposed amendments require neither an increase nor a decrease in fees paid to the agency The proposed amendments create a new regulation as that term is defined in 34 Tex Admin Code sect 1 1 l (a)( l ) with reference to 34 Tex Admin Code sect l 1 l (a)(2)(B) The proposed amendments expand an existing regulation The proposed

amendments neither increase nor decrease the number of individuals subject to the rule s applicability The proposed amendments have no direct effect on the states economy either positively or adversely

Mr Wilson has determined that for each year of the first five years that the proposed amendments will be in effect the public will benefit because the applicability of the rule and its requirements will be clarified

Comments on the proposed amendments may be submitted in writing to Martin Wilson Assistant General Counsel Texas Alcoholic Beverage Commission at PO Box 1 3 1 27 Austin Texas 787 1 1 -3 1 27 by facsimile transmission to (5 1 2) 206-3280 or by email to rulestabc texasgov Written comments will be accepted for 30 days following publication in the Texas Register

The staff of the commission will hold a public hearing to receive oral comments on the proposed amendments on Thursday January 4 20 1 8 at 1 30 pm in the commission meeting room on the first floor of the commissions headquarters which is located at 5806 Mesa Drive in Austin Texas The commission has designated this hearing as the appropriate forum to make oral comments under Government Code sect200 1 029

The proposed amendments are authorized by Alcoholic Beverage Code sect5 3 1 which grants authority to prescribe rules necessary to carry out the provisions of the Code sect2208 which authorizes the commission to prescribe rules on this subject related to package stores and sect2404 which authorizes the commission to prescribe rules on this subject related to wine only package stores

The proposed amendments affect Alcoholic Beverage Code sectsect5 3 1 2208 23 04 and 2404 and Government Code sect200 1 039

sect351 Transportation of Alcoholic Beverages by Package Stores and Wine Only Package Stores

(a) This rule relates to transportation of alcoholic beverages shipped under the authority of sectsect2208 2304 or 2404 of the Alcoholic Beverage Code

(b) Transportation of shipments [Shipments] of alcoholic beverages made under the authority of sectsect2208 2304 or 2404 of the Alcoholic Beverage Code may only be made by holders of a carriers permit or a local cartage permit

(c) Package store and wine only package store perrnittees transporting [making] shipments of alcoholic beverages governed by this rule to a pennitted location shall prepare an invoice in duplicate The invoice shall show

(1) the date of the shipment (2) the quantity container size and brands of alcoholic beverages shipped and if sold

a price extension for each line item listed on the invoice and

(3) the store name and address of the origination and destination point of the shipment

The purchaser mut sign the invoice acknowledging the receipt of the alcoholic beverages

_ltl [fdJ] The original of the invoice mandated by this rule shall be maintained at the originating store for four years after the date of shipment The copy of the invoice shall accompany the shipment and shall be maintained at the receiving store for four years after the date of shipment

ill [fe] Shipments of alcoholic beverages governed by this rule may not be transported outside the county in which the shipment originated and must be transported by the most direct practical route from point of origination to point of destination Shipments made by local distributor permittees under the authority of sect2304 of the Alcoholic Beverage Code are subject to the restrictions expressed in sect10256(d) of the code

Text of rule if proposed amendments are later adopted

(b) Transportation of shipments of alcoholic beverages made under the authority of sectsect2208 2304 or 2404 of the Alcoholic Beverage Code may only be made middotby holders of a carriers permit or a local cartage permit

( c) Package store and wine only package store permittees transporting shipments of alcoholic beverages governed by this rule to a permitted location shall prepare an invoice in duplicate The invoice shall show

a price extension for each line item listed on the invoice and (3) the store name and address of the origination and destination point of the

shipment

(d) The purchaser must sign the invoice acknowledging the receipt of the alcoholic beverages

( e) The original of the invoice mandated by Jbis rule shall be maintained at the originating store for four years after the date of shipment The copy of the invoice shall accompany the shipment and shall be maintained at the receiving store for four years after the date of shipment

(f) Shipments of alcoholic beverages governed by this rule may not be transported outside the county in which the shipment originated and must be transported by the most direct practical route from point of origination to point of destination Shipments made by local distributor permittees under the authority of sect2304 of the Alcoholic Beverage Code are subject to the restrictions expressed in sect 10256( d) of the code

Text of current rule

(b) Shipments of alcoholic beverages made under the authority of sectsect2208 2304 or 2404 of the Alcoholic Beverage Code may only be made by holders of a carriers permit or a local cartage permit

(c) Package store and wine only package store permittees making shipments of alcoholic beverages governed by this rule shall prepare an invoice in duplicate The invoice shall show

(1) the date of the shipment (2) the quantity container size and brands of alcoholic beverages shipped and (3) the store name and address of the origination and destination point of the

shipment

( d) The original of the invoice mandated by this rule shall be maintained at the originating store for four years after the date of shipment The copy of the invoice shall accompany the shipment and shall be maintained at the receiving store for four years after the date of shipment

( e) Shipments of alcoholic beverages governed by this rule may not be transported outside the county in which the shipment originated and must be transported by the most direct practical route from point of origination to point of destination Shipments made by local distributor permittees under the authority of sect2304 of the Alcoholic Beverage Code are subject to the restrictions expressed in sect 10256( d) of the code

November 28 2017 Commission Meeting Agenda Item No 10 Consideration and Possible Action on Publication of Proposed Amendments to Rule sect45106 Sweepstakes and Games of Chance

The Texas Alcoholic Beverage Commission proposes amendments to sect45 1 06 Sweepstakes and Games of Chance

House Bill No 3003 85111 Regular Session of the Texas Legislature amended Alcoholic Beverage Code sect 1 08 06 1 to include brewers along with manufacturers and nonresident manufacturers as those members of the manufacturing tier who may offer prizes to consumers as part of a promotional sweepstakes It also clarified that the prize to be awarded in a sweepstakes under Alcoholic Beverage Code sect 1 08 06 1 may include food beverages entertainment recreation gifts or attendance at a private event at a permitted or licensed premises Pursuant to the House Bill No 3003 amendments if a private event awarded under Alcoholic Beverage Code sect 1 08 06 1 is held at a retailer s premises the licensee or permittee awarding the prize must pay the retailer fair market value for the use of the premises and the retailer must retain control of the sale and service of alcoholic beverages at the private event The amendments also allow a sweepstakes under Alcoholic Beverage Code sect 108 06 1 to be conducted at a permitted or licensed premises and the prizes to be awarded at such a premises where the sweepstakes was conducted

The proposed amendments to sect45 1 06 would conform the rule to Alcoholic Beverage Code sect 1 08 06 1 as amended No changes are proposed to the rule other than those necessary to accomplish this The proposed changes only affect holders of manufacturer s licenses nonresident manufacturer s licenses and brewers permits

This paragraph constitutes the commissions government growth impact statement for the proposed amendments The analysis addresses the first five years the proposed amendments would be in effect The proposed amendments neither create nor eliminate a government program The proposed amendments do not require the creation of new employee positions or the elimination of existing employee positions Implementation of the proposed amendments requires neither an increase nor a decrease in future legislative appropriations to the commission The proposed amendments require

neither an increase nor a decrease in fees paid to the agency The proposed amendments create a new regulation as that term is defined in 34 Tex Admin Code sect 1 1 l (a)( l ) with reference to 34 Tex Admin Code sect 1 1 l (a)(2)(B) The proposed amendments expand an existing regulation in order to be consistent with the requirements of House Bill No 3003 The proposed amendments increase the number of individuals subject to portions of the rules applicability in response to and to be consistent with House Bill No 3003 The proposed amendments have no direct effect on the state s economy either positively or adversely

Mr Wilson has determined that for each year of the first five years that the proposed amendments will be in effect the public will benefit because the applicability of the rule will conform to the Alcoholic Beverage Code

The staff of the commission will hold a public hearing to receive oral comments on the proposed amendments on Thursday January 4 20 1 8 at 1 30 pm in the commission meeting room on the first floor of the commissions headquarters which is located at 5 806 Mesa Drive in Austin Texas The commission has designated this hearing as the appropriate forum to make oral comments under Government Code sect200 1 029

The proposed amendments are authorized by Alcoholic Beverage Code sect5 3 1 which grants authority to prescribe rules necessary to carry out the provisions of the Code

The proposed amendments affect Alcoholic Beverage Code sectsect5 3 1 and 1 08 06 1 and Government Code sect2001 039

sect45106 Sweepstakes and Games of Chance

(a) This rule relates to sect10207 and sect108061 of the Alcoholic Beverage Code

(b) For purposes of the above referenced provisions of the Alcoholic Beverage Code sweepstakes shall include prizes that are awarded to consumers on the basis of random chance or on the basis of some knowledge or skill demonstrated by the sweepstakes participant as determined by a judge or judges selected by the sponsor for that purpose lf a prize is a private event or other prize awarded in accordance with Code Section 10806 l(d)-(f) then Subsections (k) through (q) of this rule apply

( c) Except as othe1wi e provided in this subsection members [Members] of the manufacturer and whole aler tier [(except holders of a distributors license)] may offer a prize to a consumer if the offer i part of a promotional sweepstakes activity Holders of a distributors license may not offer a prize to a consumer if the offer is part of a promotional sweepstakes activity Pursuant to Alcoholic Beverage Code 1 08 061 (d)-(f) only manufacturers nonresident manufacturers or brewers mav offer a prize including food beverages entertainment recreation gifts or attendance at a private event at a permitted or licensed retailers premises

( d) A promotional permit holder contracted by a member of the manufacturing tier may sponsor a sweepstakes on behalf of the manufacturing tier member

( e) A person affiliated with the alcoholic beverage industry may not receive a prize from a sweepstakes promotion

[ft) Alcohol may not be aviarded as a p1ize]

ill [(g)] A person must be 21 years of age or older to enter a sweepstakes promotion

[ W An upper tier sponsored sveepstakes entry or contest may not be retailer specific and prizes may not be awarded on a ret-ailer2-s--premi-se]

_g [(-B] Entry codes or entry forms on or in the caps corks labels case cartons or other materials packaged with within or printed on any packages of alcoholic beverages may be used as an entry mechanism provided

(1) such mechanisms do not grant a consumers right to claim winnings and (2) there is at the point of sale or on product packaging conspicuously displayed alternate

means of entry available to the consumers

hl [] All sweepstakes entries are prohibited from requiring a purchase of an alcoholic beverage or the validation of any kind which requires a purchase of any alcoholic beverages

ill [Ek)] Except as specifically authorized by this section and [fue] Alcoholic Beverage Code[1 sect10207 and sect108061 it shall be unlawful for any person to sell or distribute any alcoholic beverage in a container bearing any label crown or covering upon which there is printed or marked any word letter figure symbol or character representative of or suggesting any game of chance or to use or display any advertising so printed or marked

ill [EBJ Except as authorized by Alcoholic Beverage Code 10806l(d)-(f) any [A-n-y] sweepstakes promotion that includes prizes that are to be awarded on the basis of some

knowledge or skill demonstrated by the sweepstakes participant may not be held or conducted on the licensed premises of a retailer or private club Sweepstakes sponsors may with the retailers permission place sweepstakes entry forms on retail premises

tk)_ Except as authorized by Alcoholic Beverage Code sect 10806 l(d)-(t) alcohol may not be awarded as a prize

ill Except as authorized by Alcoholic Beverage Code sect108061(d)-(f) a sweepstakes sponsored by a member of an upper tier may not be retailer specific and prizes may not be awarded at a retailers premises

fml A manufacturer nonresident manufacturer or brewer mav conduct a private event at a retailers premises or award other ptizes at a retailers premises onlv in accordance with the requirements of this section and Alcoholic Beverage Code sect I 0806 Hd)-(f)

ill A p1ize awarded pursuant to Alcoholic Beverage Code sect l 08061 (d)-(f) may include food beverages entertainment recreation gifts or attendance at a private event for the winners of the sweepstakes and other guests of the sponsor of the event

iQ The name or location of the premises where a private event described by subsection (n) is held or prizes are awarded may not be mentioned in any advertising related to the sweepstakes

(p) A sweepstakes authorized by Alcoholic Beverage Code sect10806 l(d)-(f) may be conducted at a permitted or licensed premises and the prize mav be awarded to the winners at the permitted or licensed premises at which the sweepstakes is conducted

(g lf a licensee or permittee conducts a private event authorized by Alcoholic Beverage Code sect 1 08061(d)-(f) at a retailers premises

ill the licensee or pennittce shall pav the retailer the fair market value for the use of the premises

ill the retailer must retain control of the sale and service of alcoholic beverages at the private event

ill product served at the private event must be served by the retailer and

11 the upper-tier sponsor authorized in subsection (m) may purchase product for attendees from the retailer

(a) This rule relates to sect 10207 and sect 108061 of the Alcoholic Beverage Code

(b) For purposes of the above referenced provisions of the Alcoholic Beverage Code sweepstakes shall include prizes that are awarded to consumers on the basis of random chance or on the basis of some knowledge or skill demonstrated by the sweepstakes participant as determined by a judge or judges selected by the sponsor for that purpose If a prize is a private event or other prize awarded in accordance with Code Section 10806 1 ( d) then Subsections (k) through (q) apply

(c) Except as otherwise provided in this subsection members of the manufacturer and wholesaler tier may offer a prize to a consumer if the offer is part of a promotional sweepstakes activity Holders of a distributors license may not offer a prize to a consumer if the offer is part of a promotional sweepstakes activity Pursuant to Alcoholic Beverage Code sect 108061 ( d) only manufacturers nonresident manufacturers or brewers may offer a prize including food beverages entertainment recreation gifts or attendance at a private event at a permitted or licensed retailers premises

(e) A person affiliated with the alcoholic beverage industry may not receive a prize from a sweepstakes promotion

(f) A person must be 21 years of age or older to enter a sweepstakes promotion

(g) Entry codes or entry forms on or in the caps corks labels case cartons or other materials packaged with within or printed on any packages of alcoholic beverages may be used as an entry mechanism provided

( 1 ) such mechanisms do not grant a consumers right to claim winnings and (2) there is at the point of sale or on product packaging conspicuously displayed alternate

(h) All sweepstakes entries are prohibited from requiring a purchase of an alcoholic beverage or the validation of any kind which requires a purchase of any alcoholic beverages

(i) Except as specifically authorized by this section and Alcoholic Beverage Code sect 10207 and sect 108061 it shall be unlawful for any person to sell or distribute any alcoholic beverage in a container bearing any label crown or covering upon which there is printed or marked any word letter figure symbol or character representative of or suggesting any game of chance or to use or display any advertising so printed or marked

U) Except as authorized by Alcoholic Beverage Code sect 10806( d)-(f) any sweepstakes promotion that includes prizes that are to be awarded on the basis of some knowledge or skill demonstrated by the sweepstakes participant may not be held or conducted on the licensed premises of a retailer or private club Sweepstakes sponsors may with the retailers permission place sweepstakes entry forms on retail premises

(k) Except as authorized by Alcoholic Beverage Code sect108061(d)-(f) alcohol may not be awarded as a prize

(1) Except as authorized by Alcoholic Beverage Code sect108061(d)-(f) a sweepstakes sponsored by a member of an upper tier may not be retailer specific and prizes may not be awarded at a retailers premises

(m) A manufacturer nonresident manufacturer or brewer may conduct a private event at a retailers premises or award other prizes at a retailers premises only in accordance with the requirements of this section and Alcoholic Beverage Code sect 108061 ( d)-(f)

(n) A prize awarded pursuant to Alcoholic Beverage Code sect108061(d)-(f) may include food beverages entertainment recreation gifts or attendance at a private event for the winners of the sweepstakes and other guests of the sponsor of the event

(o) The name or location of the premises where a private event described by subsection (n) is held or prizes are awarded may not be mentioned in any advertising related to the sweepstakes

(p) A sweepstakes authorized by Alcoholic Beverage Code sect 108061(d)-(f) may be conducted at a permitted or licensed premises and the prize may be awarded to the winners at the permitted or licensed premises at which the sweepstakes is conducted

( q) If a licensee or pennittee conducts a private event authorized by Alcoholic Beverage Code sect108061(d)-(f) at a retailers premises

(1) the licensee or permittee shall pay the retailer the fair market value for the use of the premises

(2) the retailer must retain control of the sale and service of alcoholic beverages at the private event

(3) product served at the private event must be served by the retailer and ( 4) the upper-tier sponsor authorized in subsection (m) may purchase product for

attendees from the retailer

sect45 106 Sweepstakes and Games of Chance

(a) This rule relates to sect10207 and sect108061 of the Alcoholic Beverage Code (b) For purposes of the above referenced provisions of the Alcoholic Beverage Code sweepstakes shall include prizes that are awarded to consumers on the basis of random chance or on the basis of some knowledge or skill demonstrated by the sweepstakes participant as determined by a judge or judges selected by the sponsor for that purpose ( c) Members of the manufacturer and wholesaler tier ( except holders of a distributors license) may offer a prize to a consumer if the offer is part of a promotional sweepstakes activity

(d) A promotional permit holder contracted by a member of the manufacturing tier may sponsor a sweepstakes on behalf of the manufacturing tier member

(f) Alcohol may not be awarded as a prize (g) A person must be 21 years of age or older to enter a sweepstakes promotion (h) An upper tier sponsored sweepstakes entry or contest may not be retailer specific and prizes may not be awarded on a retailers premise

(i) Entry codes or entry fonns on or in the caps corks labels case cartons or other materials packaged with within or printed on any packages of alcoholic beverages may be used as an entry mechanism provided

(1) such mechanisms do not grant a consumers right to claim winnings and (2) there is at the point of sale or on product packaging conspicuously displayed

alternate means of entry available to the consumers (j) All sweepstakes entries are prohibited from requiring a purchase of an alcoholic beverage or the validation of any kind which requires a purchase of any alcoholic beverages (k) Except as specifically authorized by this section and the Alcoholic Beverage Code sect10207 and sect108061 it shall be unlawful for any person to sell or distribute any alcoholic beverage in a container bearing any label crown or covering upon which there is printed or marked any word letter figure symbol or character representative of or suggesting any game of chance or to use or display any advertising so printed or marked (1) Any sweepstakes promotion that includes prizes that are to be awarded on the basis of some knowledge or skill demonstrated by the sweepstakes participant may not be held or conducted on the licensed premises of a retailer or private club Sweepstakes sponsors may with the retailer s permission place sweepstakes entry fonns on retail premises

CERTIFICATION

5806 Mesa Drive Austin TX 78731

TEXAS ALCOHOLIC

BEVERAGE COMMISSION Texans Helping Businesses amp Protecting Communities

STATE OF TEXAS

COUNTY OF TRAVIS

This certifies that the attached is a true copy of the proceedings of the Texas Alcoholic Beverage Commission meeting held on November 28 2017

Bentley Nettles Executive Director

Sworn and subscribed before me this the 5th day of February 2018

Ibull DIANA R FIGUEROA

f(fgt Notary Public State of Texas i71iiE Comm Expires Ol middot26middot2020 middotmiddotmiddotmiddotmiddot

1i-1 1i Notary 10 1263 7t604

NOTARY WITHOUT BOND

PO Box 13127 bull Austin Texas 78711-3127 bull (512) 206-3333 bull wwwtabcstatetxus

An Equal Opportunity Employer

Agenda

Minutes

Attachment 1 - Commission Report

Attachment 2 - TABC Hurricane Harvey Operations Patch

Attachment 3 - Rules Agenda Items 5-10

Certification

AGENDA

Kevin J Lilly

A Bentley Nettles

Executive Director

Agenda

Kevin J Lilly

Bentley Nettles

Martin Wilson

Kevin J Lilly

MINUTES

CALL TO ORDER

PUBLIC COMMENT

NEXT MEETING DATE

Attachment 1

282018

Strategy Total

Licensing $571643

CAPPS $98800

282018

What We Learned

282018

seconds

3 2155

282018

TABC Your VoiceLink

282018

REGION 4 $400

REGION 1 $720

HEADQUARTERS $6293

REGION 5 $5938

282018

Questions

Attachment 2

282018

are made throughout

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shipment

CERTIFICATION

TEXAS ALCOHOLIC

STATE OF TEXAS

COUNTY OF TRAVIS

1i-1 1i Notary 10 1263 7t604

NOTARY WITHOUT BOND

Agenda

Minutes

Certification

Kevin J Lilly

A Bentley Nettles

Executive Director

Agenda

Kevin J Lilly

Bentley Nettles

Martin Wilson

Kevin J Lilly

MINUTES

CALL TO ORDER

PUBLIC COMMENT

NEXT MEETING DATE

Attachment 1

282018

Strategy Total

Licensing $571643

CAPPS $98800

282018

What We Learned

282018

seconds

3 2155

282018

TABC Your VoiceLink

282018

REGION 4 $400

REGION 1 $720

HEADQUARTERS $6293

REGION 5 $5938

282018

Questions

Attachment 2

282018

are made throughout

0 of 23

shipment

CERTIFICATION

TEXAS ALCOHOLIC

STATE OF TEXAS

COUNTY OF TRAVIS

1i-1 1i Notary 10 1263 7t604

NOTARY WITHOUT BOND

Agenda

Minutes

Certification

MINUTES

CALL TO ORDER

PUBLIC COMMENT

NEXT MEETING DATE

Attachment 1

282018

Strategy Total

Licensing $571643

CAPPS $98800

282018

What We Learned

282018

seconds

3 2155

282018

TABC Your VoiceLink

282018

REGION 4 $400

REGION 1 $720

HEADQUARTERS $6293

REGION 5 $5938

282018

Questions

Attachment 2

282018

are made throughout

0 of 23

shipment

CERTIFICATION

TEXAS ALCOHOLIC

STATE OF TEXAS

COUNTY OF TRAVIS

1i-1 1i Notary 10 1263 7t604

NOTARY WITHOUT BOND

Agenda

Minutes

Certification

MINUTES

CALL TO ORDER

PUBLIC COMMENT

NEXT MEETING DATE

Attachment 1

282018

Strategy Total

Licensing $571643

CAPPS $98800

282018

What We Learned

282018

seconds

3 2155

282018

TABC Your VoiceLink

282018

REGION 4 $400

REGION 1 $720

HEADQUARTERS $6293

REGION 5 $5938

282018

Questions

Attachment 2

282018

are made throughout

0 of 23

shipment

CERTIFICATION

TEXAS ALCOHOLIC

STATE OF TEXAS

COUNTY OF TRAVIS

1i-1 1i Notary 10 1263 7t604

NOTARY WITHOUT BOND

Agenda

Minutes

Certification

CALL TO ORDER

PUBLIC COMMENT

NEXT MEETING DATE

Attachment 1

282018

Strategy Total

Licensing $571643

CAPPS $98800

282018

What We Learned

282018

seconds

3 2155

282018

TABC Your VoiceLink

282018

REGION 4 $400

REGION 1 $720

HEADQUARTERS $6293

REGION 5 $5938

282018

Questions

Attachment 2

282018

are made throughout

0 of 23

shipment

CERTIFICATION

TEXAS ALCOHOLIC

STATE OF TEXAS

COUNTY OF TRAVIS

1i-1 1i Notary 10 1263 7t604

NOTARY WITHOUT BOND

Agenda

Minutes

Certification

CALL TO ORDER

PUBLIC COMMENT

NEXT MEETING DATE

Attachment 1

282018

Strategy Total

Licensing $571643

CAPPS $98800

282018

What We Learned

282018

seconds

3 2155

282018

TABC Your VoiceLink

282018

REGION 4 $400

REGION 1 $720

HEADQUARTERS $6293

REGION 5 $5938

282018

Questions

Attachment 2

282018

are made throughout

0 of 23

shipment

CERTIFICATION

TEXAS ALCOHOLIC

STATE OF TEXAS

COUNTY OF TRAVIS

1i-1 1i Notary 10 1263 7t604

NOTARY WITHOUT BOND

Agenda

Minutes

Certification

CALL TO ORDER

PUBLIC COMMENT

NEXT MEETING DATE

Attachment 1

282018

Strategy Total

Licensing $571643

CAPPS $98800

282018

What We Learned

282018

seconds

3 2155

282018

TABC Your VoiceLink

282018

REGION 4 $400

REGION 1 $720

HEADQUARTERS $6293

REGION 5 $5938

282018

Questions

Attachment 2

282018

are made throughout

0 of 23

shipment

CERTIFICATION

TEXAS ALCOHOLIC

STATE OF TEXAS

COUNTY OF TRAVIS

1i-1 1i Notary 10 1263 7t604

NOTARY WITHOUT BOND

Agenda

Minutes

Certification

PUBLIC COMMENT

NEXT MEETING DATE

Attachment 1

282018

Strategy Total

Licensing $571643

CAPPS $98800

282018

What We Learned

282018

seconds

3 2155

282018

TABC Your VoiceLink

282018

REGION 4 $400

REGION 1 $720

HEADQUARTERS $6293

REGION 5 $5938

282018

Questions

Attachment 2

282018

are made throughout

0 of 23

shipment

CERTIFICATION

TEXAS ALCOHOLIC

STATE OF TEXAS

COUNTY OF TRAVIS

1i-1 1i Notary 10 1263 7t604

NOTARY WITHOUT BOND

Agenda

Minutes

Certification

PUBLIC COMMENT

NEXT MEETING DATE

Attachment 1

282018

Strategy Total

Licensing $571643

CAPPS $98800

282018

What We Learned

282018

seconds

3 2155

282018

TABC Your VoiceLink

282018

REGION 4 $400

REGION 1 $720

HEADQUARTERS $6293

REGION 5 $5938

282018

Questions

Attachment 2

282018

are made throughout

0 of 23

shipment

CERTIFICATION

TEXAS ALCOHOLIC

STATE OF TEXAS

COUNTY OF TRAVIS

1i-1 1i Notary 10 1263 7t604

NOTARY WITHOUT BOND

Agenda

Minutes

Certification

PUBLIC COMMENT

NEXT MEETING DATE

Attachment 1

282018

Strategy Total

Licensing $571643

CAPPS $98800

282018

What We Learned

282018

seconds

3 2155

282018

TABC Your VoiceLink

282018

REGION 4 $400

REGION 1 $720

HEADQUARTERS $6293

REGION 5 $5938

282018

Questions

Attachment 2

282018

are made throughout

0 of 23

shipment

CERTIFICATION

TEXAS ALCOHOLIC

STATE OF TEXAS

COUNTY OF TRAVIS

1i-1 1i Notary 10 1263 7t604

NOTARY WITHOUT BOND

Agenda

Minutes

Certification

PUBLIC COMMENT

NEXT MEETING DATE

Attachment 1

282018

Strategy Total

Licensing $571643

CAPPS $98800

282018

What We Learned

282018

seconds

3 2155

282018

TABC Your VoiceLink

282018

REGION 4 $400

REGION 1 $720

HEADQUARTERS $6293

REGION 5 $5938

282018

Questions

Attachment 2

282018

are made throughout

0 of 23

shipment

CERTIFICATION

TEXAS ALCOHOLIC

STATE OF TEXAS

COUNTY OF TRAVIS

1i-1 1i Notary 10 1263 7t604

NOTARY WITHOUT BOND

Agenda

Minutes

Certification

PUBLIC COMMENT

NEXT MEETING DATE

Attachment 1

282018

Strategy Total

Licensing $571643

CAPPS $98800

282018

What We Learned

282018

seconds

3 2155

282018

TABC Your VoiceLink

282018

REGION 4 $400

REGION 1 $720

HEADQUARTERS $6293

REGION 5 $5938

282018

Questions

Attachment 2

282018

are made throughout

0 of 23

shipment

CERTIFICATION

TEXAS ALCOHOLIC

STATE OF TEXAS

COUNTY OF TRAVIS

1i-1 1i Notary 10 1263 7t604

NOTARY WITHOUT BOND

Agenda

Minutes

Certification

PUBLIC COMMENT

NEXT MEETING DATE

Attachment 1

282018

Strategy Total

Licensing $571643

CAPPS $98800

282018

What We Learned

282018

seconds

3 2155

282018

TABC Your VoiceLink

282018

REGION 4 $400

REGION 1 $720

HEADQUARTERS $6293

REGION 5 $5938

282018

Questions

Attachment 2

282018

are made throughout

0 of 23

shipment

CERTIFICATION

TEXAS ALCOHOLIC

STATE OF TEXAS

COUNTY OF TRAVIS

1i-1 1i Notary 10 1263 7t604

NOTARY WITHOUT BOND

Agenda

Minutes

Certification

PUBLIC COMMENT

NEXT MEETING DATE

Attachment 1

282018

Strategy Total

Licensing $571643

CAPPS $98800

282018

What We Learned

282018

seconds

3 2155

282018

TABC Your VoiceLink

282018

REGION 4 $400

REGION 1 $720

HEADQUARTERS $6293

REGION 5 $5938

282018

Questions

Attachment 2

282018

are made throughout

0 of 23

shipment

CERTIFICATION

TEXAS ALCOHOLIC

STATE OF TEXAS

COUNTY OF TRAVIS

1i-1 1i Notary 10 1263 7t604

NOTARY WITHOUT BOND

Agenda

Minutes

Certification

PUBLIC COMMENT

NEXT MEETING DATE

Attachment 1

282018

Strategy Total

Licensing $571643

CAPPS $98800

282018

What We Learned

282018

seconds

3 2155

282018

TABC Your VoiceLink

282018

REGION 4 $400

REGION 1 $720

HEADQUARTERS $6293

REGION 5 $5938

282018

Questions

Attachment 2

282018

are made throughout

0 of 23

shipment

CERTIFICATION

TEXAS ALCOHOLIC

STATE OF TEXAS

COUNTY OF TRAVIS

1i-1 1i Notary 10 1263 7t604

NOTARY WITHOUT BOND

Agenda

Minutes

Certification

PUBLIC COMMENT

NEXT MEETING DATE

Attachment 1

282018

Strategy Total

Licensing $571643

CAPPS $98800

282018

What We Learned

282018

seconds

3 2155

282018

TABC Your VoiceLink

282018

REGION 4 $400

REGION 1 $720

HEADQUARTERS $6293

REGION 5 $5938

282018

Questions

Attachment 2

282018

are made throughout

0 of 23

shipment

CERTIFICATION

TEXAS ALCOHOLIC

STATE OF TEXAS

COUNTY OF TRAVIS

1i-1 1i Notary 10 1263 7t604

NOTARY WITHOUT BOND

Agenda

Minutes

Certification

PUBLIC COMMENT

NEXT MEETING DATE

Attachment 1

282018

Strategy Total

Licensing $571643

CAPPS $98800

282018

What We Learned

282018

seconds

3 2155

282018

TABC Your VoiceLink

282018

REGION 4 $400

REGION 1 $720

HEADQUARTERS $6293

REGION 5 $5938

282018

Questions

Attachment 2

282018

are made throughout

0 of 23

shipment

CERTIFICATION

TEXAS ALCOHOLIC

STATE OF TEXAS

COUNTY OF TRAVIS

1i-1 1i Notary 10 1263 7t604

NOTARY WITHOUT BOND

Agenda

Minutes

Certification

PUBLIC COMMENT

NEXT MEETING DATE

Attachment 1

282018

Strategy Total

Licensing $571643

CAPPS $98800

282018

What We Learned

282018

seconds

3 2155

282018

TABC Your VoiceLink

282018

REGION 4 $400

REGION 1 $720

HEADQUARTERS $6293

REGION 5 $5938

282018

Questions

Attachment 2

282018

are made throughout

0 of 23

shipment

CERTIFICATION

TEXAS ALCOHOLIC

STATE OF TEXAS

COUNTY OF TRAVIS

1i-1 1i Notary 10 1263 7t604

NOTARY WITHOUT BOND

Agenda

Minutes

Certification

PUBLIC COMMENT

NEXT MEETING DATE

Attachment 1

282018

Strategy Total

Licensing $571643

CAPPS $98800

282018

What We Learned

282018

seconds

3 2155

282018

TABC Your VoiceLink

282018

REGION 4 $400

REGION 1 $720

HEADQUARTERS $6293

REGION 5 $5938

282018

Questions

Attachment 2

282018

are made throughout

0 of 23

shipment

CERTIFICATION

TEXAS ALCOHOLIC

STATE OF TEXAS

COUNTY OF TRAVIS

1i-1 1i Notary 10 1263 7t604

NOTARY WITHOUT BOND

Agenda

Minutes

Certification

Attachment 1

282018

Strategy Total

Licensing $571643

CAPPS $98800

282018

What We Learned

282018

seconds

3 2155

282018

TABC Your VoiceLink

282018

REGION 4 $400

REGION 1 $720

HEADQUARTERS $6293

REGION 5 $5938

282018

Questions

Attachment 2

282018

are made throughout

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shipment

CERTIFICATION

TEXAS ALCOHOLIC

STATE OF TEXAS

COUNTY OF TRAVIS

1i-1 1i Notary 10 1263 7t604

NOTARY WITHOUT BOND

Agenda

Minutes

Certification

282018

Strategy Total

Licensing $571643

CAPPS $98800

282018

What We Learned

282018

seconds

3 2155

282018

TABC Your VoiceLink

282018

REGION 4 $400

REGION 1 $720

HEADQUARTERS $6293

REGION 5 $5938

282018

Questions

Attachment 2

282018

are made throughout

0 of 23

shipment

CERTIFICATION

TEXAS ALCOHOLIC

STATE OF TEXAS

COUNTY OF TRAVIS

1i-1 1i Notary 10 1263 7t604

NOTARY WITHOUT BOND

Agenda

Minutes

Certification

282018

Strategy Total

Licensing $571643

CAPPS $98800

282018

What We Learned

282018

seconds

3 2155

282018

TABC Your VoiceLink

282018

REGION 4 $400

REGION 1 $720

HEADQUARTERS $6293

REGION 5 $5938

282018

Questions

Attachment 2

282018

are made throughout

0 of 23

shipment

CERTIFICATION

TEXAS ALCOHOLIC

STATE OF TEXAS

COUNTY OF TRAVIS

1i-1 1i Notary 10 1263 7t604

NOTARY WITHOUT BOND

Agenda

Minutes

Certification

282018

Strategy Total

Licensing $571643

CAPPS $98800

282018

What We Learned

282018

seconds

3 2155

282018

TABC Your VoiceLink

282018

REGION 4 $400

REGION 1 $720

HEADQUARTERS $6293

REGION 5 $5938

282018

Questions

Attachment 2

282018

are made throughout

0 of 23

shipment

CERTIFICATION

TEXAS ALCOHOLIC

STATE OF TEXAS

COUNTY OF TRAVIS

1i-1 1i Notary 10 1263 7t604

NOTARY WITHOUT BOND

Agenda

Minutes

Certification

282018

What We Learned

282018

seconds

3 2155

282018

TABC Your VoiceLink

282018

REGION 4 $400

REGION 1 $720

HEADQUARTERS $6293

REGION 5 $5938

282018

Questions

Attachment 2

282018

are made throughout

0 of 23

shipment

CERTIFICATION

TEXAS ALCOHOLIC

STATE OF TEXAS

COUNTY OF TRAVIS

1i-1 1i Notary 10 1263 7t604

NOTARY WITHOUT BOND

Agenda

Minutes

Certification

282018

What We Learned

282018

seconds

3 2155

282018

TABC Your VoiceLink

282018

REGION 4 $400

REGION 1 $720

HEADQUARTERS $6293

REGION 5 $5938

282018

Questions

Attachment 2

282018

are made throughout

0 of 23

shipment

CERTIFICATION

TEXAS ALCOHOLIC

STATE OF TEXAS

COUNTY OF TRAVIS

1i-1 1i Notary 10 1263 7t604

NOTARY WITHOUT BOND

Agenda

Minutes

Certification

282018

seconds

3 2155

282018

TABC Your VoiceLink

282018

REGION 4 $400

REGION 1 $720

HEADQUARTERS $6293

REGION 5 $5938

282018

Questions

Attachment 2

282018

are made throughout

0 of 23

shipment

CERTIFICATION

TEXAS ALCOHOLIC

STATE OF TEXAS

COUNTY OF TRAVIS

1i-1 1i Notary 10 1263 7t604

NOTARY WITHOUT BOND

Agenda

Minutes

Certification

282018

TABC Your VoiceLink

282018

REGION 4 $400

REGION 1 $720

HEADQUARTERS $6293

REGION 5 $5938

282018

Questions

Attachment 2

282018

are made throughout

0 of 23

shipment

CERTIFICATION

TEXAS ALCOHOLIC

STATE OF TEXAS

COUNTY OF TRAVIS

1i-1 1i Notary 10 1263 7t604

NOTARY WITHOUT BOND

Agenda

Minutes

Certification

282018

TABC Your VoiceLink

282018

REGION 4 $400

REGION 1 $720

HEADQUARTERS $6293

REGION 5 $5938

282018

Questions

Attachment 2

282018

are made throughout

0 of 23

shipment

CERTIFICATION

TEXAS ALCOHOLIC

STATE OF TEXAS

COUNTY OF TRAVIS

1i-1 1i Notary 10 1263 7t604

NOTARY WITHOUT BOND

Agenda

Minutes

Certification

282018

TABC Your VoiceLink

282018

REGION 4 $400

REGION 1 $720

HEADQUARTERS $6293

REGION 5 $5938

282018

Questions

Attachment 2

282018

are made throughout

0 of 23

shipment

CERTIFICATION

TEXAS ALCOHOLIC

STATE OF TEXAS

COUNTY OF TRAVIS

1i-1 1i Notary 10 1263 7t604

NOTARY WITHOUT BOND

Agenda

Minutes

Certification

282018

REGION 4 $400

REGION 1 $720

HEADQUARTERS $6293

REGION 5 $5938

282018

Questions

Attachment 2

282018

are made throughout

0 of 23

shipment

CERTIFICATION

TEXAS ALCOHOLIC

STATE OF TEXAS

COUNTY OF TRAVIS

1i-1 1i Notary 10 1263 7t604

NOTARY WITHOUT BOND

Agenda

Minutes

Certification

282018

REGION 4 $400

REGION 1 $720

HEADQUARTERS $6293

REGION 5 $5938

282018

Questions

Attachment 2

282018

are made throughout

0 of 23

shipment

CERTIFICATION

TEXAS ALCOHOLIC

STATE OF TEXAS

COUNTY OF TRAVIS

1i-1 1i Notary 10 1263 7t604

NOTARY WITHOUT BOND

Agenda

Minutes

Certification

282018

Questions

Attachment 2

282018

are made throughout

0 of 23

shipment

CERTIFICATION

TEXAS ALCOHOLIC

STATE OF TEXAS

COUNTY OF TRAVIS

1i-1 1i Notary 10 1263 7t604

NOTARY WITHOUT BOND

Agenda

Minutes

Certification

Attachment 2

282018

are made throughout

0 of 23

shipment

CERTIFICATION

TEXAS ALCOHOLIC

STATE OF TEXAS

COUNTY OF TRAVIS

1i-1 1i Notary 10 1263 7t604

NOTARY WITHOUT BOND

Agenda

Minutes

Certification

282018

are made throughout

0 of 23

shipment

CERTIFICATION

TEXAS ALCOHOLIC

STATE OF TEXAS

COUNTY OF TRAVIS

1i-1 1i Notary 10 1263 7t604

NOTARY WITHOUT BOND

Agenda

Minutes

Certification

are made throughout

0 of 23

shipment

CERTIFICATION

TEXAS ALCOHOLIC

STATE OF TEXAS

COUNTY OF TRAVIS

1i-1 1i Notary 10 1263 7t604

NOTARY WITHOUT BOND

Agenda

Minutes

Certification

are made throughout

0 of 23

shipment

CERTIFICATION

TEXAS ALCOHOLIC

STATE OF TEXAS

COUNTY OF TRAVIS

1i-1 1i Notary 10 1263 7t604

NOTARY WITHOUT BOND

Agenda

Minutes

Certification

0 of 23

shipment

CERTIFICATION

TEXAS ALCOHOLIC

STATE OF TEXAS

COUNTY OF TRAVIS

1i-1 1i Notary 10 1263 7t604

NOTARY WITHOUT BOND

Agenda

Minutes

Certification

0 of 23

shipment

CERTIFICATION

TEXAS ALCOHOLIC

STATE OF TEXAS

COUNTY OF TRAVIS

1i-1 1i Notary 10 1263 7t604

NOTARY WITHOUT BOND

Agenda

Minutes

Certification

0 of 23

shipment

CERTIFICATION

TEXAS ALCOHOLIC

STATE OF TEXAS

COUNTY OF TRAVIS

1i-1 1i Notary 10 1263 7t604

NOTARY WITHOUT BOND

Agenda

Minutes

Certification

0 of 23

shipment

CERTIFICATION

TEXAS ALCOHOLIC

STATE OF TEXAS

COUNTY OF TRAVIS

1i-1 1i Notary 10 1263 7t604

NOTARY WITHOUT BOND

Agenda

Minutes

Certification

0 of 23

shipment

CERTIFICATION

TEXAS ALCOHOLIC

STATE OF TEXAS

COUNTY OF TRAVIS

1i-1 1i Notary 10 1263 7t604

NOTARY WITHOUT BOND

Agenda

Minutes

Certification

0 of 23

shipment

CERTIFICATION

TEXAS ALCOHOLIC

STATE OF TEXAS

COUNTY OF TRAVIS

1i-1 1i Notary 10 1263 7t604

NOTARY WITHOUT BOND

Agenda

Minutes

Certification

0 of 23

shipment

CERTIFICATION

TEXAS ALCOHOLIC

STATE OF TEXAS

COUNTY OF TRAVIS

1i-1 1i Notary 10 1263 7t604

NOTARY WITHOUT BOND

Agenda

Minutes

Certification

0 of 23

shipment

CERTIFICATION

TEXAS ALCOHOLIC

STATE OF TEXAS

COUNTY OF TRAVIS

1i-1 1i Notary 10 1263 7t604

NOTARY WITHOUT BOND

Agenda

Minutes

Certification

0 of 23

shipment

CERTIFICATION

TEXAS ALCOHOLIC

STATE OF TEXAS

COUNTY OF TRAVIS

1i-1 1i Notary 10 1263 7t604

NOTARY WITHOUT BOND

Agenda

Minutes

Certification

shipment

CERTIFICATION

TEXAS ALCOHOLIC

STATE OF TEXAS

COUNTY OF TRAVIS

1i-1 1i Notary 10 1263 7t604

NOTARY WITHOUT BOND

Agenda

Minutes

Certification

shipment

CERTIFICATION

TEXAS ALCOHOLIC

STATE OF TEXAS

COUNTY OF TRAVIS

1i-1 1i Notary 10 1263 7t604

NOTARY WITHOUT BOND

Agenda

Minutes

Certification

shipment

CERTIFICATION

TEXAS ALCOHOLIC

STATE OF TEXAS

COUNTY OF TRAVIS

1i-1 1i Notary 10 1263 7t604

NOTARY WITHOUT BOND

Agenda

Minutes

Certification

shipment

CERTIFICATION

TEXAS ALCOHOLIC

STATE OF TEXAS

COUNTY OF TRAVIS

1i-1 1i Notary 10 1263 7t604

NOTARY WITHOUT BOND

Agenda

Minutes

Certification

shipment

CERTIFICATION

TEXAS ALCOHOLIC

STATE OF TEXAS

COUNTY OF TRAVIS

1i-1 1i Notary 10 1263 7t604

NOTARY WITHOUT BOND

Agenda

Minutes

Certification

shipment

CERTIFICATION

TEXAS ALCOHOLIC

STATE OF TEXAS

COUNTY OF TRAVIS

1i-1 1i Notary 10 1263 7t604

NOTARY WITHOUT BOND

Agenda

Minutes

Certification

CERTIFICATION

TEXAS ALCOHOLIC

STATE OF TEXAS

COUNTY OF TRAVIS

1i-1 1i Notary 10 1263 7t604

NOTARY WITHOUT BOND

Agenda

Minutes

Certification

CERTIFICATION

TEXAS ALCOHOLIC

STATE OF TEXAS

COUNTY OF TRAVIS

1i-1 1i Notary 10 1263 7t604

NOTARY WITHOUT BOND

Agenda

Minutes

Certification

CERTIFICATION

TEXAS ALCOHOLIC

STATE OF TEXAS

COUNTY OF TRAVIS

1i-1 1i Notary 10 1263 7t604

NOTARY WITHOUT BOND

Agenda

Minutes

Certification

CERTIFICATION

TEXAS ALCOHOLIC

STATE OF TEXAS

COUNTY OF TRAVIS

1i-1 1i Notary 10 1263 7t604

NOTARY WITHOUT BOND

Agenda

Minutes

Certification

CERTIFICATION

TEXAS ALCOHOLIC

STATE OF TEXAS

COUNTY OF TRAVIS

1i-1 1i Notary 10 1263 7t604

NOTARY WITHOUT BOND

Agenda

Minutes

Certification

CERTIFICATION

TEXAS ALCOHOLIC

STATE OF TEXAS

COUNTY OF TRAVIS

1i-1 1i Notary 10 1263 7t604

NOTARY WITHOUT BOND

Agenda

Minutes

Certification

CERTIFICATION

TEXAS ALCOHOLIC

STATE OF TEXAS

COUNTY OF TRAVIS

1i-1 1i Notary 10 1263 7t604

NOTARY WITHOUT BOND

Agenda

Minutes

Certification

CERTIFICATION

TEXAS ALCOHOLIC

STATE OF TEXAS

COUNTY OF TRAVIS

1i-1 1i Notary 10 1263 7t604

NOTARY WITHOUT BOND

Agenda

Minutes

Certification

TEXAS ALCOHOLIC

STATE OF TEXAS

COUNTY OF TRAVIS

1i-1 1i Notary 10 1263 7t604

NOTARY WITHOUT BOND

Agenda

Minutes

Certification

Documents

Commission Meeting Minutes for November 28, 2017 · Amendments to Rule §33.5, Food and Beverage Certificate Martin Wilson 6. Consideration and Potential Action on Adoption of Proposed