Contents
Can you take alcohol across state lines Texas?
ALCOHOLIC BEVERAGE CODE CHAPTER 107. TRANSPORTATION AND IMPORTATION ALCOHOLIC BEVERAGE CODE TITLE 4. REGULATORY AND PENAL PROVISIONS CHAPTER 107. TRANSPORTATION AND IMPORTATION Sec.107.01. TRANSPORTATION OF LIQUOR: STATEMENT REQUIRED. (a) No person may transport liquor into this state or on a public highway, street, or alley in this state unless the person accompanying or in charge of the shipment has with him, available for exhibition and inspection, a written statement furnished and signed by the shipper showing the name and address of the consignor and the consignee, the origin and destination of the shipment, and any other information required by rule or regulation of the commission.
(b) The person in charge of the shipment while it is being transported shall exhibit the statement to the commission, an authorized representative of the commission, or a peace officer on demand, and it is a violation of this code to fail or refuse to do so. The representative or officer shall accept the written statement as prima facie evidence of the legal right to transport the liquor.
Acts 1977, 65th Leg., p.516, ch.194, Sec.1, eff. Sept.1, 1977. Sec.107.02. TRANSPORTATION OF MALT BEVERAGES: STATEMENT REQUIRED. (a) It is lawful for a person to transport malt beverages from any place where its sale, manufacture, or distribution is authorized to another place in the state where its sale, manufacture, or distribution is authorized, or from the state boundary to a place where its sale, manufacture, or distribution is authorized, even though the route of transportation may cross a dry area.
(a-1) A person transporting malt beverages to the premises of a distributor, including to a location from which the distributor is temporarily conducting business under Section 109.62, shall provide to the consignee a shipping invoice that clearly states: (1) the name and address of the consignor and consignee; (2) the origin and destination of the shipment; and (3) any other information required by this code or commission rule, including the brands, sizes of containers, and quantities of malt beverages contained in the shipment.
(b) A shipment of malt beverages must be accompanied by a written statement furnished and signed by the shipper showing: (1) the name and address of the consignor and consignee; (2) the origin and destination of the shipment; and (3) any other information required by the commission or administrator.
(c) The person in charge of the shipment while it is being transported shall exhibit the written statement to any representative of the commission or peace officer who demands to see it. The statement shall be accepted by the representative or peace officer as prima facie evidence of the legal right to transport the malt beverages.
(d) A person who transports malt beverages not accompanied by the required statement, or who fails to exhibit the statement after a lawful demand, violates this code. Acts 1977, 65th Leg., p.517, ch.194, Sec.1, eff. Sept.1, 1977. Amended by: Acts 2011, 82nd Leg., R.S., Ch.517 (H.B.2035 ), Sec.2, eff.
June 17, 2011. Acts 2019, 86th Leg., R.S., Ch.1359 (H.B.1545 ), Sec.331, eff. September 1, 2021. Sec.107.03. DELIVERY OF LIQUOR IN DRY AREA. No carrier may transport and deliver liquor to a person in a dry area in this state except for a purpose authorized by this code. Acts 1977, 65th Leg., p.517, ch.194, Sec.1, eff.
Sept.1, 1977. Sec.107.04. DELIVERY OF MALT BEVERAGES IN DRY AREA. A common carrier may not deliver malt beverages in a dry area unless the malt beverages are consigned to a general distributor’s licensee who has previously stated that the licensee intends to transport the malt beverages to a licensed place of business in a wet area.
- A common carrier who transports malt beverages to a distributor in a dry area shall comply strictly with this section and Section 107.02,
- Acts 1977, 65th Leg., p.517, ch.194, Sec.1, eff.
- Sept.1, 1977.
- Amended by: Acts 2019, 86th Leg., R.S., Ch.1359 (H.B.1545 ), Sec.332, eff.
- September 1, 2021.
- Sec.107.05.
IMPORTATION OF LIQUOR. (a) No person may import liquor into the state and deliver it to a person not authorized to import it. (b) This section does not apply to the transportation of liquor into the state as authorized by Section 107.07 of this code. Acts 1977, 65th Leg., p.517, ch.194, Sec.1, eff.
Sept.1, 1977. Sec.107.06. IMPORTATION OF MALT BEVERAGES. (a) A person may not import malt beverages into the state except the holder of a brewer’s or general or branch distributor’s license. (b) A person may not transport malt beverages into this state unless the malt beverages are consigned and delivered to one of the licensees named in Subsection (a).
(c) This section does not apply to the importation or transportation of military malt beverages consigned to a military installation or to the importation of malt beverages as authorized under Section 107.07, Acts 1977, 65th Leg., p.517, ch.194, Sec.1, eff.
- Sept.1, 1977.
- Amended by: Acts 2019, 86th Leg., R.S., Ch.1359 (H.B.1545 ), Sec.333, eff.
- September 1, 2021.
- Sec.107.07.
- IMPORTATION FOR PERSONAL USE; IMPORTATION BY RAILROAD COMPANIES.
- A) A person may import not more than 24 12-ounce bottles or an equivalent quantity of malt beverages, 3 gallons of wine, and 1 gallon of distilled spirits for the person’s own personal use without being required to hold a permit.
A person importing alcoholic beverages into the state under this subsection must pay the state tax on alcoholic beverages and an administrative fee of $3 and must affix the required tax stamps. No minor and no intoxicated person may import any alcoholic beverages into the state.
- A person importing alcoholic beverages under this subsection must personally accompany the alcoholic beverages as the alcoholic beverages enter the state.
- A person may not use the exemptions set forth in this subsection more than once every thirty days.
- B) Repealed by Acts 2011, 82nd Leg., R.S., Ch.157, Sec.3, eff.
September 1, 2011. (c) Repealed by Acts 2011, 82nd Leg., R.S., Ch.157, Sec.3, eff. September 1, 2011. (d) Repealed by Acts 2019, 86th Leg., R.S., Ch.1359 (H.B.1545 ), Sec.410(a)(17), eff. September 1, 2021. (e) The administrative fees collected under this section shall be used by the commission for the administrative costs of enforcing the requirements of Subsection (a).
(f) Except as provided by Chapter 54, any person in the business of selling alcoholic beverages in another state or country who ships or causes to be shipped any alcoholic beverage directly to any Texas resident under this section is in violation of this code. (g) In computing the total amount of taxes and administrative fees to be collected on alcoholic beverages imported by a person into the state for personal use, the commission may round the amount up to the nearest quarter of a dollar.
Acts 1977, 65th Leg., p.518, ch.194, Sec.1, eff. Sept.1, 1977. Amended by Acts 1981, 67th Leg., p.258, ch.107, Sec.14, eff. Sept.1, 1981; Acts 1981, 67th Leg., p.2212, ch.515, Sec.2, eff. Aug.31, 1981; Acts 1985, 69th Leg., ch.285, Sec.12, eff. Sept.1, 1986; Acts 1985, 69th Leg., ch.462, Sec.13, eff.
Sept.1, 1986; Acts 1986, 69th Leg., 3rd C.S., ch.9, Sec.1, eff. Sept.30, 1986; Acts 1987, 70th Leg., ch.495, Sec.2, eff. Aug.31, 1987; Acts 1995, 74th Leg., ch.135, Sec.1, eff. Aug.28, 1995. Amended by: Acts 2005, 79th Leg., Ch.36 (S.B.877 ), Sec.3, eff. May 9, 2005. Acts 2005, 79th Leg., Ch.792 (S.B.269 ), Sec.1, eff.
September 1, 2005. Acts 2011, 82nd Leg., R.S., Ch.157 (H.B.1936 ), Sec.1, eff. September 1, 2011. Acts 2011, 82nd Leg., R.S., Ch.157 (H.B.1936 ), Sec.3, eff. September 1, 2011. Acts 2019, 86th Leg., R.S., Ch.1359 (H.B.1545 ), Sec.410(a)(17), eff. September 1, 2021.
Sec.107.08. TRANSPORTATION OF BEVERAGES FOR PERSONAL CONSUMPTION. A person who purchases an alcoholic beverage for the person’s own consumption may personally transport it from a place where its sale is legal to a place where its possession is legal without holding a license or permit. Acts 1977, 65th Leg., p.518, ch.194, Sec.1, eff.
Sept.1, 1977. Amended by: Acts 2019, 86th Leg., R.S., Ch.849 (H.B.2791 ), Sec.1, eff. September 1, 2019. Sec.107.09. SINGLE INVOICE AUTHORIZED. If the holder of a general or branch distributor’s license also holds a wholesaler’s or general class B wholesaler’s permit, a written statement or invoice required as evidence of the sale of malt beverages or liquor may be on the same business form that is designed to reflect the sale of both liquor and malt beverages, if all information required by this code to be shown on a statement or invoice is reflected on the form and all other records required by this code are maintained.
- Added by Acts 1993, 73rd Leg., ch.934, Sec.83, eff.
- Sept.1, 1993.
- Amended by: Acts 2019, 86th Leg., R.S., Ch.1359 (H.B.1545 ), Sec.334, eff.
- September 1, 2021.
- Sec.107.10.
- TRANSPORTATION OF WINE COOLERS OR SPIRIT COOLERS.
- A) A holder of a wholesaler’s or general class B wholesaler’s permit may transport and sell wine coolers without a prior order if the holder complies with the provisions of this code and rules of the commission applicable to the transportation and sale of malt beverages by a holder of a distributor’s license.
(b) A holder of a wholesaler’s permit may transport and sell spirit coolers without a prior order if the holder complies with the provisions of this code and rules of the commission applicable to the transportation and sale of malt beverages by a holder of a distributor’s license.
Added by Acts 1993, 73rd Leg., ch.934, Sec.83, eff. Sept.1, 1993. Amended by: Acts 2019, 86th Leg., R.S., Ch.1359 (H.B.1545 ), Sec.335, eff. September 1, 2021. Sec.107.11. IMPORTATION OF PERSONAL COLLECTION. (a) A person who is relocating a household may import, or contract with a motor carrier or another person to import, a personal malt beverage, wine, or distilled spirit collection as a part of that person’s household goods.
(b) Section 107.07 does not apply to a person who is importing a personal malt beverage, wine, or distilled spirit collection under Subsection (a). Added by Acts 1993, 73rd Leg., ch.934, Sec.83, eff. Sept.1, 1993. Amended by: Acts 2011, 82nd Leg., R.S., Ch.157 (H.B.1936 ), Sec.2, eff.
Is it illegal to bring alcohol across state lines Utah?
No, with some exceptions. It is ILLEGAL to go to another state, purchase the booze and bring it back to Utah. It is ILLEGAL to receive alcoholic beverages through the US Postal service or any other courier service. The exceptions are listed below.
Is there a limit on alcohol crossing the US border?
Relocating Household – When a service member relocates his or her household effects from a foreign country to California as part of a permanent change of duty station, he or she may include alcoholic beverages only if they are for personal or household use.
- The Department has no objection if the alcoholic beverages are physically included with other household effects, such as clothing and furniture, or if they are shipped separately.
- Note: There is no federal limit on the amount of alcohol someone may import into the U.S.
- For personal use, however, large quantities might raise the suspicion that the importation is for commercial purposes, and a Customs and Border Protection (CBP) officer could require you to obtain a federal import license before releasing the shipment.
If so, the corresponding state license(s) would also be required. CBP is not obligated in any way to clear every shipment. It may exercise its own discretion on a case-by-case basis and deny entry when justified. If you intend to have a large quantity of alcohol shipped to you for personal use, CBP suggests that you contact the entry branch of the port where your shipment will be entering the United States to discuss your situation in advance.
Is it illegal to bring alcohol across the US Canada border?
You must have the tobacco products* and alcoholic beverages with you when you enter Canada, but the rest of the goods can arrive later, as goods to follow. You can bring back up to 1.5 litres of wine or 1.14 litres of alcoholic beverages or up to 8.5 litres of beer.
Is Moonshining illegal in USA?
Legality – Manufacturing of spirits through distilling, fractional crystallization, etc., outside a registered distillery is illegal in many countries. Currently in the United States, there are 4 states that allow the production of moonshine for personal consumption ( Alaska, Arizona, Massachusetts, and Missouri ).
| States | Legality |
|---|---|
| Alaska | Personal use only |
| Arizona | Must have a permit for personal use/register still |
| Massachusetts | Personal use on own property only |
| Missouri | Personal use up to 200 gal/year |
| North Dakota | Only up to federal allowed level(0) |
Why is Utah so strict on alcohol?
Background – The Church of Jesus Christ of Latter-day Saints, to which 55% of Utah residents belong, advises against the consumption of alcohol for its members in the Word of Wisdom given in the Doctrine and Covenants, Because of this traditional LDS teaching and the large population of Latter-day Saints in Utah, the alcohol laws of Utah have generally been strict.
However, several attempts to make Utah a dry state also failed, and due to a need to address violence caused by bootlegging, on December 5, 1933, the 21 members of the Utah delegation to the constitutional convention unanimously cast the 36th deciding state vote to repeal the Eighteenth Amendment and ratify the Twenty-first Amendment, thus repealing national alcohol prohibition.
Since 1935, Utah’s liquor industry (all except 4.0% beer) has been controlled through state-run liquor store outlets.
Can you drink in Utah on Sunday?
Utah DABS – Residents & Visitors Full liquor service is available in licensed restaurants, banquet facilities, hotels with a hospitality amenity, reception centers, airport lounges, recreational amenities, taverns and bars. Patrons may order liquor by the drink, wine by the glass or bottle, and beer in bottles, cans and on draft.
- Packaged liquor, flavored malt beverages, wine, and heavy beer are available in State Liquor Stores and Package Agencies throughout the state.
- Restaurants with full-service liquor licenses: Liquor, wine, flavored malt beverages, and heavy beer may be served from 11:30 a.m.
- To midnight.
- Beer is available from 11:30 a.m.
to 1:00 a.m. On weekends (Saturday and Sunday), legal holidays and for private parties, alcohol service may begin at 10:30 a.m. Patrons must dine in the restaurant in order to be served an alcoholic beverage. Restaurants with limited-service liquor licenses: Wine, and heavy beer may be served from 11:30 a.m.
To midnight. Beer is available from 11:30 a.m. to 1:00 a.m. On weekends (Saturday and Sunday), legal holidays and for private parties, alcohol service may begin at 10:30 AM. Limited restaurant licenses may not sell flavored malt beverages or distilled spirits. Patrons must dine at the restaurant to be served an alcoholic beverage.
Restaurants with a beer-only license: Beer may be served beginning at 11:30 a.m. and ending at 1:00 a.m. On weekends (Saturday and Sunday), legal holidays and for private parties, alcohol service may begin at 10:30 a.m. Patrons must dine at restaurants to be served an alcoholic beverage.
Banquet licenses: Allows the storage, sale, service and consumption of liquor, wine, flavored malt beverages, heavy beer, and beer for contracted banquet activities on the premises of a hotel, resort facility, sports center, convention center, performing arts facility and an arena. It also allows for alcohol to be delivered through room service to adult guests in hotels and resorts.
Minibars are not allowed in the guest rooms. Alcoholic beverages may be sold on any day from 10 a.m. until 1:00 a.m. Reception center licenses: Allows the storage, sale, service and consumption of liquor, wine, heavy beer, and beer for contracted events on the licensed premises such as weddings, birthday parties, quinceañeras, etc.
Alcoholic beverages may be sold on any day from 10:00 a.m. until 1:00 a.m. Bars: Liquor, wine, flavored malt beverages, heavy beer, and beer may be served from 10:00 a.m. to 1:00 a.m. Patrons may be served at a bar or table, but food must be available at all times. There are three types of bars: a) social, which are usually open to the public, b) equity, such as country clubs, and c) fraternal, such as VFW, Elks, Eagles, and Moose.
Both Equity and Fraternal are bars for members and their guests only. Airport lounges: Liquor, wine, flavored malt beverages, heavy beer, and beer may be served from 8:00 a.m. until midnight. Alcoholic beverages may be sold with or without food, and patrons may be served at a bar or table.
- Airport lounges are located at the Salt Lake International Airport.
- Beer: Beer-only establishments sell beer to customers in a variety of venues.
- These include taverns, bowling alleys, ski resorts, golf courses, arenas, etc.
- Taverns are the only license not required to have revenue from anything but the sale of beer.
However, minors are not allowed on the premises of a tavern. The hours for beer sales in these establishments are 10:00 a.m. to 1:00 a.m. and sold on draft or in bottles and cans. Packaged beer is also available at supermarkets, grocery and convenience stores.
- Liquor Stores & Package Agencies: Liquor, wine, and heavy beer sold to-go can be found at many state liquor stores throughout the state.
- There are also smaller stores called “package agencies” that offer a more modest selection of these products.
- Package agencies are often located in smaller cities, towns and in hotels and resorts for customer convenience.
Special orders may also be requested from DABS for those items not regularly carried in the stores. Utah also offers world class wine selections located at specialty wine stores. Other selected state stores also offer expanded wine selections. Find a, : Utah DABS – Residents & Visitors