Industry Notice: Impacts of the federal government shutdown

The U.S. federal government has shut down for an unknown period while Congress works to pass a funding agreement. As a result, federal agencies have halted various services — including the U.S. Alcohol and Tobacco Tax and Trade Bureau (TTB).

This may prevent applicants for TABC licenses, permits, and product registrations from obtaining the federal documents necessary to complete their TABC applications. Read this notice for more information. 

To: All applicants for an original TABC license or permit

TABC license and permit applications generally require you to provide various types of information, including a Federal Employer Identification Number (FEIN).

If you can’t obtain an FEIN due to the federal government shutdown, this should not impede your ability to complete your TABC license or permit application. TABC will accept alternative types of identification numbers on your license and permit applications, such as:

• Individual Taxpayer Identification Number (ITIN),
• Social Security Number (SSN), or
• ID number provided by a state or local governmental entity in Texas.

TABC will examine the specific circumstances for each application to determine whether an alternative ID number can be accepted.

Note on Refunds: In certain circumstances, applicants may request and receive a refund of the application fees they paid to TABC. However, all refunds issued by TABC must be processed through the Texas Comptroller of Public Accounts. Except for certain sole proprietors, the Comptroller’s office requires a business’s FEIN issued by the Internal Revenue Service (IRS) to process a refund. If an applicant requests a refund and does not have an FEIN due to the shutdown, TABC will not be able to issue the refund until the applicant obtains an FEIN and provides the number to TABC. 

If you have questions, contact TABC Licensing at licensing@tabc.texas.gov or 512-206-3360. 

To: All applicants for a Winery Permit (G)

Texas Alcoholic Beverage Code Section 16.04 requires that you obtain an appropriate federal wine permit from the TTB and include a copy of that permit with your TABC application.

TABC can’t approve a Winery Permit application without a copy of the required federal authorization, so these applications will be withdrawn as incomplete.

A withdrawn application is not considered denied and may be refiled at any time.

To: All applicants for a Brewer’s License (BW) or Nonresident Brewer’s License (BN) who participate in alternating proprietorship arrangements

Texas Alcoholic Beverage Code Sections 62.14(a)(2)(A) and 63.04 require you to file the appropriate Brewer’s Notice and Brewer’s Bond with the TTB before TABC can approve the arrangement in an application. TABC will work with applicants on a case-by-case basis to ensure that all federal requirements under the Alcoholic Beverage Code are met prior to granting applications. 

If you have questions, contact TABC Licensing at licensing@tabc.texas.gov or 512-206-3360. 

To: Holders of a Brewer’s License (BW), Winery Permit (G), Distiller’s and Rectifier’s Permit (D), Brewpub License (BP), Nonresident Brewer’s License (BN), or Nonresident Seller’s Permit (S)

Texas law requires you to have either a Certificate of Label Approval (COLA) or a formula approved by the TTB to apply for and obtain TABC product registration.

If your alcoholic beverage product requires a TTB-approved formula to register with TABC and you can’t obtain one, TABC won’t be able to process your application and register your alcoholic beverage product in Texas.

However, if your alcoholic beverage product requires a COLA for registration with TABC and you can’t obtain one because of an interruption in TTB services, TABC Rule 45.12 allows you to apply to TABC for a Provisional Product Registration. See the instructions below.

1. Apply for Provisional Product Registration

Visit the TABC Product Registration Forms page to download and complete the Provisional Product Registration Application.

Important Note: Do not use AIMS to apply for provisional product registration.

Email your completed form to product.registration@tabc.texas.gov.

Do not submit payment for your Provisional Product Registration Application. You will pay the $25 product registration fee only when you obtain your COLA and submit a standard product registration application.

Wait to receive provisional approval from TABC by email.

• If you meet the applicable federal standards, TABC will register your product on a provisional basis and notify you by an email sent from product.registration@tabc.texas.gov.
• TABC processes all standard and provisional product registration applications in the order they are received. The estimated wait time to obtain approval is 20-25 days.

2. Apply for COLA within 30 days of TTB resuming services

If you have a provisional product registration from TABC, you must apply to the TTB for a COLA within 30 days of the TTB resuming its services. If you don’t do this, your provisional product registration will automatically expire on the 31st day after the TTB resumes its services.

3. Take prompt action after TTB COLA approval or denial

If the TTB approves your COLA, you must reapply to TABC for product registration using the standard application in AIMS or by mail within 30 days of receiving the COLA from the TTB. Your provisional product registration will expire on the 31st day after the TTB issues your COLA if you don't reapply.

If your COLA is denied, your provisional product registration with TABC will expire when the provisional approval is revoked. You must notify TABC of the TTB’s denial within five days of receiving the denial by emailing product.registration@tabc.texas.gov. If you do not notify TABC within the five days, your license or permit will be subject to administrative action for a violation of TABC Rule 45.12(f). 

If you have questions about obtaining TABC product registration, contact product.registration@tabc.texas.gov or 512-206-3410.