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Jan 28, 2022

INDUSTRY NOTICE: Starting April 1, all licenses/permits past their expiration dates cannot conduct licensed/permitted activities unless renewal is submitted

To: Holders of Licenses/Permits That Expire From September 2021 to March 2022 and Those That Do Business With Them

Re: Renewals for Sept. 1, 2021–March 31, 2022 License Expiration Dates

Background:

Since September 2021, TABC has provided license/permit holders a temporary extended grace period beyond their expiration date during which they were allowed to continue operating and to renew their licenses/permits. TABC made this unprecedented exception to ensure no business loses their ability to operate or their license/permit as they transition into TABC’s new online system, the Alcohol Industry Management System (AIMS). 

After numerous improvements to AIMS and more than six months of extended grace periods, TABC is ending the temporary extended grace periods on March 31, 2022. This serves as notice of the final grace period extension

Resuming April 1, 2022, all licenses/permits that are beyond their expiration date are considered expired and the holder of such expired licenses/permits cannot conduct licensed/permitted activities until TABC receives their completed renewal application and renewal fee within 30 days of their expiration date, or until they apply for and TABC issues them an original license/permit (if their old licensed/permit has been expired for more than 30 days).

Businesses currently operating on an expired license/permit must submit and pay for their renewal application by March 31, 2022, to avoid any interruptions to your licensed/permitted activities. If you have not yet begun the process of renewing your expired license or permit, it is strongly recommended you begin the process as soon as possible. Businesses without a valid license/permit, or those who have not filed their renewal application with applicable fees before April 1, 2022, may no longer manufacture, distribute or sell alcohol, nor receive shipments from wholesalers/distributors.

Please Note: This notice applies to renewal applications only; all other changes requiring reporting to TABC must still be made according to the established timelines (e.g., change of address, change of officers, etc.).

How To Renew a License

Step 1: Onboard into AIMS. If the license or permit holder has already onboarded or the claim business request has been approved, move to Step 2. (It may take several days for staff to approve your claim business request before you can renew.)

Step 2: Renew the license or permit as early as 30 days before it expires. Need to check the expiration date? Visit the AIMS License Search.

Step 3: Save and print your renewal application receipt or email confirmation for your records and post the receipt/email next to the license or permit, which must be in a clearly visible place at all times at the licensed location. You may continue to operate while TABC processes your renewal application.

Follow the instructions on the How To Use AIMS page or watch the training under Session Replays on the Onboarding Education page for more information. Find answers to common questions by visiting TABC’s AIMS FAQs.

If you have trouble with any of these steps, please email stakeholder@tabc.texas.gov, describe the issue, attach any relevant screenshots and explain that you have a license/permit expiring soon. TABC is committed to helping all license/permit holders successfully use AIMS and will work with businesses to resolve issues and continue operations.

What the Grace Period Ending Means for Your Business

License/permit holders with Sept. 1, 2021 to March 31, 2022 expiration dates:

This section applies to license/permit holders with Sept. 1, 2021 to March 31, 2022 license/permit expiration dates and those taking actions on their behalf. If the license/permit expiration date is on or after April 1, 2022, please skip to the next section.

  1. Operations — You must file your renewal application(s) with payment by March 31, 2022, to continue operating. If you have not filed the renewal with payment by March 31, you must not manufacture, distribute or sell alcohol, or receive alcohol deliveries, starting April 1, 2022.
  2. Late Fees — Beginning April 1, 2022, you will be assessed a late fee for any renewal application filed after the expiration date and within the 30-day grace period (Section 6.04 of the Alcoholic Beverage Code).  
  3. Renewals — Resuming April 1, 2022, you can renew up to 30 days past your expiration date. If you haven’t filed a completed renewal application and fee by March 31, 2022, and your license or permit is more than 30 days past expiration, you must apply for a new (original) license or permit in order to conduct licensed/permitted activities. Remember, beginning April 1, 2022, no business may conduct licensed/permitted activities past their expiration date unless a renewal application has been filed, and late fees will be assessed to any renewal applications made within 30 days after the expiration date of the license/permit.
  4. Pending Renewals — Any business that files a renewal application within the proper timeframes is considered active and may continue operations and receive alcohol deliveries. If a renewal has been filed in AIMS, your status will appear as “active” or “renewal pending” in the TABC Public Inquiry System until the renewal application is processed. Print and post a copy of the receipt or confirmation email from your renewal application next to the license or permit at the location. Show your distributor/wholesaler/LP your receipt or confirmation email if they have questions about whether you are eligible to receive alcohol deliveries.
  5. Expiration Dates — All expiration dates described in this notice reference the expiration date associated with each license or permit, and renewal applications are tied to that expiration date. For example, a license with an expiration date of Nov. 1, 2021, which has a renewal application filed on March 30, 2022, will maintain the expiration date of Nov. 1, 2023, tied to the expiration listed on the license being renewed.

Examples:

  • Example 1: License with expiration date of Feb. 1, 2022: 
    • Can renew license without late fees until March 31, 2022. 
    • If the business files the renewal application on April 1, 2022, or after, the renewal application will not be accepted, and the business must meet all of the following requirements before the business can resume licensed/permitted activities:
      • Business must file an original application with associated fees.
      • TABC must issue a new license, and the business must print and post the license at the location.
      • Cannot conduct licensed/permitted activities until the original application is approved.
  • Example 2: License with expiration date of March 15, 2022:
    • Can renew license without late fees until March 31, 2022. 
    • If the business files a renewal application between April 1 and April 14, 2022, the business must not operate unless a renewal application with fees (including late fees) is filed.
    • Can file a renewal application until April 14, 2022 (30 days past expiration date). 
    • If a renewal application has not been filed by April 14, 2022, the business must meet all of the following requirements before the business can resume licensed/permitted activities:
      • Business must file an original application and pay associated fees.
      • TABC must issue a new license, and the business must print and post the license at the location.
      • Cannot conduct licensed/permitted activities until the original application is approved.

License/permit holders with expiration dates of April 1, 2022, and after:

This section applies to license and permit holders — and those taking actions on their behalf — with license/permit expiration dates of April 1, 2022, and after.

  1. Operations — You must file your renewal application and make payment by your expiration date to continue licensed/permitted activities. If you have not filed your renewal application by your expiration date, you must not conduct licensed/permitted activities or receive alcohol deliveries.
  2. Late Fees — You will be assessed a late fee for any renewal application filed after the expiration date and within the 30-day grace period (Section 6.04 of the Alcoholic Beverage Code). 
  3. Renewals — You can renew up to 30 days past your expiration date. If you are more than 30 days past your expiration, you must apply for a new (original) license or permit with associated fees.
  4. Pending Renewals — Any business that files a renewal application within the timeframes here are considered active and may continue operations and receive alcohol deliveries. Their status will appear as “active” or “renewal pending” in the TABC Public Inquiry System until their renewal application is processed. Print and post a copy of the receipt or confirmation email from your renewal application next to the license or permit at the location. Show your distributor/wholesaler/LP your receipt if they have any questions about whether you are eligible to receive alcohol deliveries.
  5. Expiration Dates — All expiration dates described in this notice reference the expiration date associated with each license or permit, and renewal applications are tied to that expiration date reflected on the license or permit which are issued for a two-year term. For example, a license with an expiration date of April 3, 2022, that has a renewal application filed on April 30, 2022, will have a new expiration date of April 3, 2024.

What this means for distributors/wholesalers and LPs:

Starting April 1, 2022, distributors, wholesalers and Local Distributor's Permit (LP) holders should only deliver to businesses with an “active” or “renewal pending” status in the TABC Public Inquiry System, unless the business can provide a copy of their renewal application receipt or email.

The remainder of this industry notice serves as the final extension of the renewal grace period granted from September 2021 – March 2022.

Updates to AIMS

Several updates have been made to the Alcohol Industry Management System (AIMS) since it launched in September to improve your user experience. Businesses should continue onboarding into AIMS and filing renewal applications.

Renewal Period

We realize that some license holders scheduled to begin using AIMS have not yet been able to successfully complete the onboarding process, and TABC is in the process of improving the system to help users.

To ensure businesses can renew their licenses, even if they encounter issues in AIMS, TABC is providing a temporary solution. If a license expires in September 2021, October 2021, November 2021, December 2021, January 2022, February 2022, or March 2022 and that business has (1) onboarded into AIMS but unable to renew due to an AIMS issue or (2) has reached out to TABC for assistance with onboarding and has not been able to get into the system, TABC will allow these businesses to renew their license once they do successfully get into AIMS even if it is beyond the 30th day following the expiration date of the license.

Operations and Deliveries

To accommodate the transition to AIMS, all licenses and permits with September 2021, October 2021, November 2021, December 2021, January 2022, February 2022, or March 2022 expiration dates are considered active and pending renewal by the agency until March 31, 2022, even if the status field indicates otherwise in the TABC Public Inquiry System. Businesses with these expiration dates may continue to operate as normal and still receive wholesale/distribution or Local Distributor (LP) transactions, despite having an expired license date or status in the TABC Public Inquiry System.

Late Renewal Fees

The agency will not charge a late filing fee for a renewal of a license or permit with an expiration date in September 2021, October 2021, November 2021, December 2021, January 2022, February 2022, or March 2022 so long as the renewal application is received by March 31, 2022. This is an extension of the late filing fee waiver provided for in the agency’s temporary rule.

Help With AIMS

If you have any issues accessing AIMS, email stakeholder@tabc.texas.gov and provide your expiration date, details of any issues you are experiencing, and screenshots of those issues, if possible. Include "AIMS Question" in the subject line of your email.

Original publication: September 2021