July 18, 2011 TABC Credit Law Delinquent List is Out

The current TABC credit law delinquent list is now available and has an effective date of July 18, 2011 at 12:01 am. No sales or deliveries may be made on or after the effective date below.

Being on this list does not always indicate the restaurant is going out of business. Sometimes many restaurants make an accounting oversight or the payment gets delayed in the mail. Either way, if you miss the strict deadline you go on the list.

The list is here.

Jump for the legalities.

The Delinquent List is published/effective at 12:01 a.m. on the 3rd and
18th of each month. All payments must have been received by the
wholesaler prior to 12:01 a.m. on the 3rd and/or 18th as applicable to
avoid regulatory action. Any orders received for delivery, will call,
salesperson pick-up or hot shot prior to the publication date may be
delivered by the Wholesaler and/or Local Distributor on the day of the
publication. Such orders must be invoiced and billed prior to the
publication time of 12:01 a.m. and must be delivered by 1:00 p.m. on the
publication date.

If the publication date falls on a Saturday, Sunday, or a state or
federal holiday, the publication date shall be the next regular business
day.

Two forms of the delinquent list are available.  The first is an HTML
browser compatible list.  It can be viewed and printed from your normal
Internet browser.  The second list is in a comma delimited ASCII text
format that you may wish to use to import the data into your favorite
database, spreadsheet, statistics or word processing package.

NOTICE REGARDING BANKRUPTCY

Violations under Code section 102.32 (d) and 16 TAC 45.121 (f) and (g)
regarding sales to and purchases by a retailer who appears on the
delinquent list will not be enforced so long as the retailer is
protected under the United States Bankruptcy Code.  This policy does not
require a seller to sell to any particular retailer, but allows that a
seller may sell to retailers on the delinquent list who are protected.
The terms of sale must otherwise comply with the Code and all applicable
rules of the Commission.  All reporting requirements of Code section 102
and 16 TAC 45.121 are still in effect.  Retailers must inform the TABC
Compliance Division immediately upon filing for bankruptcy and
immediately upon release from bankruptcy protection. All communications
with the Compliance Division should clearly indicate the entity’s permit
or license number(s). Please contact the TABC Compliance Division at
512-206-3300

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