TDSA INFORMATION
AND RESOURCES

TDSA  provides important information to Texas distillers regularly updating this page.

Instructions for  Providing  Samples at Temporary Events 

Distiller Samples for Consumers at Temporary Events

Authority: distilleries may conduct free samples or tastings (no sales) of their products for the public at certain events away from the distiller’s permanent permitted premises under certain conditions.

Qualifying Events

  • It must be a civic or distilled spirits festival, farmers' market, celebration, or similar event
  • The term “celebration” covers a broad range of events, regardless of whether the event is public or private

Source of Alcohol for Samples: distiller’s own inventory

  • The distilled spirits must have product registration with TABC
  • Distiller must pay excise taxes on the products removed from inventory for a temporary event

Sample Limitations

  •  Samples may only be poured and served by the distiller
  • A sample may not exceed 0.5 ounces
  •  Persons that receive the samples may not remove them from the event premises

Obtain Event Authorization: prior to the event, participating distilleries must complete and submit to TABC the File and Use Notification Form

  • You must ensure that the owner of the property where the event is to occur has authorized the event
  • You do NOT have to answer questions 8-12 when filling out this current File & Use Notification Form. However, when TABC launches their distiller-specific File & Use Form, you will be required to use that form and to answer all questions on that form
  • TABC will provide information about the Distiller File & Use Notification Form on its Temporary Events webpage when it launches, and will send an email notification to distillers. But for now, please leave questions 8, 9, 10, 11, and 12 blank.

Submitting the Form: submit the completed for File and Use Notification Form to TABC at any time prior to the temporary event via email. There are no filing fees for this form.

  • The appropriate email address for submitting your form is provided on the form.
  • Distillers may leave questions 8, 9, 10, 11, and 12 blank. 
  • In the future, distillers will be able to submit their forms to TABC via the Alcohol Industry Management System (AIMS). TABC will announce that functionality when it is launched.

Approval: you have approval to provide samples at the event as soon as you email your completed File and Use Notification Form to TABC (you do NOT have to wait to receive approval from TABC).

  • A File and Use Notification Form only covers a period of up to 4 consecutive days. If you seek to conduct alcoholic beverage samples at an event for more than 4 days, submit a separate form to TABC for each 4-day period for which you need approval. You should submit all of these separate forms for the same event to TABC at one time.

Venue Limitations: venue must not be covered by another TABC permit. If it is, contact TABC for options

  • If the permit holder owns or leases the property at which the off-site event occurs, the permit holder may not conduct more than 10 events at that location in a year (doesn’t apply to short-term, temporary lease at farmers markets and similar events)

 Records Must Be Retained for 4 Years: records must include

  • Dollar amount of alcohol purchased and sold/served; number of attendees; and the agreement between permit holder and venue authorizing the event, including the event date, hire date, type of event, and a copy of any event invitation or obituary for a funeral-related event


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TABC Guidance During Coronavirus Public Emergency

On March 19, 2020, TABC issued guidance on changes taking place in response to COVID-19. The full guidance is here: https://tabc.texas.gov/coronavirus/  


Information for Distillers Making Hand or Surface Sanitizer

The state will not require distillers to pay excise tax on the hand sanitizer they produce. TABC does not consider it a consumable beverage, therefore distillers do not need to include it on their excise tax report.  Distillers should, however keep records internally. It is recommended that distillers put “not for consumption” labels on their products. Giving away hand sanitizer does not affect the two bottle per person per 30 days limitation. 

For more guidance on making hand or surface sanitizer, visit the below links.

ACSA Guidance for DSP Production of Hand Sanitizer and Sanitary Spray

FDA Guidance for DSP Production of Hand Santizer (updated 3/30/20)

World Health Organization Recommended Handrub Formulations

USP Guidance for DSP Production of Hand Sanitizer

DISCUS Guidance on Distiller Production of Hand Sanitizer

ADI's Map of Distilleries Making Hand Sanitizer

TABC Guidance on Producing Hand Sanitizer

- TTB Guidance on Production of Hand Sanitizer


Curbside Transactions

A transaction is not complete until the product is in a consumer’s hands, therefore it is permitted to take orders online with curbside delivery. The two bottle limitation still applies. Distillers and staff do not have to physically touch a person’s ID, but alcohol can only be sold to those 21 years and older. The customer does not have to sign the ledger, but TABC advises to instead write “internet sale – disaster declaration.”

TABC will issue written guidance on this subject soon.


Governor’s Office Issues Executive Order

The Governor issued an executive order on 3/19/20 that:

  • Prohibits social gatherings in groups of more than 10 people.
  • Closes down bars, restaurants, food courts, gyms, and massage parlors (use of drive-thru, pickup, or delivery options is allowed)
  • Prohibits people from visiting nursing homes or retirement or long-term care facilities unless to provide critical assistance.
  • Closes schools temporarily


These orders will be effective on a statewide basis starting March 20, 2020 at 11:59 PM and will end at 11:59 PM on April 3, 2020, subject to extension thereafter based on the status of COVID-19 in Texas and the recommendations of the CDC.

The executive order does not prohibit people from visiting a variety of places, including grocery stores, gas stations, parks, and banks, so long as the necessary precautions are maintained to reduce the transmission of COVID-19. The executive order does not mandate sheltering in place. All critical infrastructure will remain operational, domestic travel will remain unrestricted, and government entities and businesses will continue providing essential services.

The Commissioner of the Department of State Health Services issues a public health disaster declaration. Find it here: https://gov.texas.gov/news/post/dr-john-hellerstedt-issues-public-health-disaster-declaration-in-texas   


SBA Disaster Loan

U.S. Small Business Administration (SBA) has included the entire state of Texas in its Economic Injury Disaster Declaration and granted access to its Economic Injury Disaster Loan (EIDL) program, which will provide long-term, low-interest loans to qualifying businesses across the state.

Texas small businesses who believe they may be eligible for an SBA EIDL should visit www.sba.gov/disaster where they can directly apply for assistance. The online application is the fastest method to receive a decision about loan eligibility.


CARES Act

Small Business Owner's Guide to the CARES Act


Governor Abbott's Emergency Orders

Find industry-related directives from the Governor below:

CONTACT US

919 Congress Ave., Suite 730
Austin, TX 78701

Amber Hausenfluck, Government Affairs 

info@texasdistilledspirits.org
www.texasdistilledspirits.org

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