reglab/housing_qa huggingface dataset:
TX Alco Bev Code § 25.12 (2021)
2021 Texas Statutes|Alcoholic Beverage Code|Title 3 - Licenses and Permits|Subtitle A - Permits|Chapter 25 - Wine and Malt Beverage Retailer's Permit|Section 25.12. Premises in a Food Court

Sec. 25.12.  PREMISES IN A FOOD COURT.  (a)  Notwithstanding any provision of this code to the contrary, the premises of a wine and malt beverage retailer's permittee who leases space in a food court includes the seating area that the permittee shares with the other lessees that occupy the food court.(b)  For the purposes of this section, "food court" means an area in a shopping mall that includes a seating area and the locations of three or more separate but adjacent business establishments engaged primarily in the sale of food and beverages for consumption in the seating area.|Amended by: Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 109, eff. September 1, 2021.|
TX Alco Bev Code § 25.13 (2021)
2021 Texas Statutes|Alcoholic Beverage Code|Title 3 - Licenses and Permits|Subtitle A - Permits|Chapter 25 - Wine and Malt Beverage Retailer's Permit|Section 25.13. Food and Beverage Certificate

Sec. 25.13.  FOOD AND BEVERAGE CERTIFICATE.  (a)  In this section, "location" means the designated physical address of the wine and malt beverage retailer's permit and includes all areas at the address where the permit holder may sell or deliver alcoholic beverages for immediate consumption regardless of whether some of those areas are occupied by other businesses.(a-1)  A holder of a wine and malt beverage retailer's permit may be issued a food and beverage certificate by the commission if:(1)  the permit holder is a restaurant; or(2)  the commission finds that the receipts from the sale of alcoholic beverages by the permit holder at the location are 60 percent or less of the total receipts from the location.(b)  A food and beverage certificate may not be issued unless the location has permanent food service facilities for the preparation and service of multiple entrees for consumption at the location.(b-1)  The commission shall adopt rules requiring the holder of a food and beverage certificate to assure that permanent food service facilities for the preparation and service of multiple entrees for consumption at the location are available at the location.  The commission may exempt permittees who are concessionaires in public entertainment venues such as sports stadiums and convention centers from Subsections (a-1) and (b).(c)  The fee for a food and beverage certificate shall be set at a level sufficient to recover the cost of issuing the certificate and administering this section.(d)  A certificate issued under this section expires on the expiration of the primary wine and malt beverage retailer's permit.  A certificate may be canceled at any time, and the renewal of a certificate may be denied, if the commission finds that the holder of the certificate is in violation of Subsection (a-1) or (b) or a rule adopted under Subsection (b-1).  On finding that the permittee knowingly operated under a food and beverage certificate while not complying with this section or a rule adopted under Subsection (b-1), the commission may cancel or deny the renewal of the permittee's wine and malt beverage retailer's permit.  The holder of a wine and malt beverage retailer's permit whose certificate has been canceled or who is denied renewal of a certificate under this subsection may not apply for a new certificate until the day after the first anniversary of the date the certificate was canceled or the renewal of the certificate was denied.(e)  Section 11.11 does not apply to the holder of a food and beverage certificate.|Amended by: Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 110, eff. September 1, 2021.Acts 2021, 87th Leg., R.S., Ch. 305 (S.B. 911), Sec. 2, eff. January 1, 2022.|
TX Alco Bev Code § 25.14 (2021)
2021 Texas Statutes|Alcoholic Beverage Code|Title 3 - Licenses and Permits|Subtitle A - Permits|Chapter 25 - Wine and Malt Beverage Retailer's Permit|Section 25.14. Issuance of Permit Authorized for Certain Areas

Sec. 25.14.  ISSUANCE OF PERMIT AUTHORIZED FOR CERTAIN AREAS.  (a)  Notwithstanding any other provision of this code, a permit under this chapter may be issued for a premises in an area in which the voters have approved the following alcoholic beverage ballot issues in a local option election:(1)  "The legal sale of malt beverages and wine for off-premise consumption only."; and(2)  either:(A)  "The legal sale of mixed beverages."; or(B)  "The legal sale of mixed beverages in restaurants by food and beverage certificate holders only."(b)  A premises that qualifies for a permit under this chapter because it is located in an area that approved the ballot issue described by Subsection (a)(2)(B) may be issued a permit under this chapter only if the premises is issued a food and beverage certificate.|Amended by: Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 111, eff. September 1, 2021.|
TX Alco Bev Code § 25.15 (2021)
2021 Texas Statutes|Alcoholic Beverage Code|Title 3 - Licenses and Permits|Subtitle A - Permits|Chapter 25 - Wine and Malt Beverage Retailer's Permit|Section 25.15. Deliveries and Collections

Sec. 25.15.  DELIVERIES AND COLLECTIONS.  The holder of a wine and beer retailer's permit who is also the holder of a local cartage permit may make deliveries to and collections from ultimate consumers in the same manner as the holder of a package store permit under Section 22.03.|Added by Acts 2019, 86th Leg., R.S., Ch. 434 (S.B. 1232), Sec. 1, eff. September 1, 2019.|
TX Alco Bev Code § 26.01 (2021)
2021 Texas Statutes|Alcoholic Beverage Code|Title 3 - Licenses and Permits|Subtitle A - Permits|Chapter 26 - Wine and Malt Beverage Retailer's Off-Premise Permit|Section 26.01. Authorized Activities

Sec. 26.01.  AUTHORIZED ACTIVITIES.  (a)  The holder of a wine and malt beverage retailer's off-premise permit may sell for off-premises consumption only, in unbroken original containers, but not for resale, wine and malt beverages containing alcohol in excess of one-half of one percent by volume but not more than 17 percent by volume.(b)  The holder of a wine and malt beverage retailer's off-premise permit may conduct free product samplings of wine and malt beverages containing alcohol in excess of one-half of one percent by volume but not more than 17 percent by volume on the permit holder's premises during regular business hours as provided by Section 26.08.|Amended by: Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 114, eff. September 1, 2021.|
TX Alco Bev Code § 26.03 (2021)
2021 Texas Statutes|Alcoholic Beverage Code|Title 3 - Licenses and Permits|Subtitle A - Permits|Chapter 26 - Wine and Malt Beverage Retailer's Off-Premise Permit|Section 26.03. Issuance, Cancellation, and Suspension of Permit

Sec. 26.03.  ISSUANCE, CANCELLATION, AND SUSPENSION OF PERMIT.  (a)  A wine and malt beverage retailer's off-premise permit is issued by the commission.  The qualifications of applicants and the application for and issuance of the permit are governed by the same provisions which apply to the application for and issuance of a retail dealer's off-premise license.(b)  The provisions of this code applicable to the cancellation and suspension of a retail dealer's off-premise license also apply to the cancellation and suspension of a wine and malt beverage retailer's off-premise permit.|Amended by: Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 115(a), eff. December 31, 2020.Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 115(b), eff. September 1, 2021.|
TX Alco Bev Code § 26.04 (2021)
2021 Texas Statutes|Alcoholic Beverage Code|Title 3 - Licenses and Permits|Subtitle A - Permits|Chapter 26 - Wine and Malt Beverage Retailer's Off-Premise Permit|Section 26.04. Application of Other Code Provisions

Sec. 26.04.  APPLICATION OF OTHER CODE PROVISIONS.  Sections 61.78, 61.81, 61.82, and 61.84 also apply to a wine and malt beverage retailer's off-premise permit.  The restrictions in this code relating to malt beverages as to the application of local restrictions, sales to minors and intoxicated persons, and age of employees apply to the sale of alcoholic beverages by a wine and malt beverage retailer's off-premise permittee.|Acts 1977, 65th Leg., p. 428, ch. 194, Sec. 1, eff. Sept. 1, 1977.Amended by: Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 116, eff. September 1, 2021.|
TX Alco Bev Code § 26.05 (2021)
2021 Texas Statutes|Alcoholic Beverage Code|Title 3 - Licenses and Permits|Subtitle A - Permits|Chapter 26 - Wine and Malt Beverage Retailer's Off-Premise Permit|Section 26.05. Warning Sign Required

Sec. 26.05.  WARNING SIGN REQUIRED.  (a)  Each holder of a wine and malt beverage retailer's off-premise permit shall display in a prominent place on the permittee's premises a sign stating in letters at least two inches high:  IT IS A CRIME (MISDEMEANOR) TO CONSUME LIQUOR OR MALT BEVERAGES ON THESE PREMISES.  The commission or administrator may require the holder of the permit to also display the sign in a language other than English if it can be observed or determined that a substantial portion of the expected customers speak the other language as their familiar language.(b)  A permittee who fails to comply with this section commits a misdemeanor punishable by a fine of not more than $25.|Amended by: Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 117, eff. September 1, 2021.|
TX Alco Bev Code § 26.08 (2021)
2021 Texas Statutes|Alcoholic Beverage Code|Title 3 - Licenses and Permits|Subtitle A - Permits|Chapter 26 - Wine and Malt Beverage Retailer's Off-Premise Permit|Section 26.08. Sampling Event

Sec. 26.08.  SAMPLING EVENT.  (a)  An employee of the holder of a wine and malt beverage retailer's off-premise permit may open, touch, or pour wine or malt beverages, make a presentation, or answer questions at a sampling event.(b)  For purposes of this code and any other law or ordinance:(1)  a wine and malt beverage retailer's off-premise permit does not authorize the sale of alcoholic beverages for on-premises consumption; and(2)  none of the permit holder's income may be considered to be income from the sale of alcoholic beverages for on-premises consumption.(c)  Any wine or malt beverages used in a sampling event under this section must be purchased from or provided by the retailer on whose premises the sampling event is held.  This section does not authorize the holder of a wine and malt beverage retailer's off-premise permit to withdraw or purchase alcoholic beverages from the holder of a wholesaler's permit or a distributor's license or provide alcoholic beverages for a sampling on a retailer's premises that is not purchased from the retailer.  The amount of alcoholic beverages purchased from the retailer may not exceed the amount of alcoholic beverages used in the sampling event.|Amended by: Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 118, eff. September 1, 2021.|
TX Alco Bev Code § 28.01 (2021)
2021 Texas Statutes|Alcoholic Beverage Code|Title 3 - Licenses and Permits|Subtitle A - Permits|Chapter 28 - Mixed Beverage Permit|Section 28.01. Authorized Activities

Sec. 28.01.  AUTHORIZED ACTIVITIES.(a)  The holder of a mixed beverage permit may sell, offer for sale, and possess mixed beverages, including distilled spirits, for consumption on the licensed premises:(1)  from sealed containers containing not less than one fluid ounce nor more than two fluid ounces or of any legal size;  and(2)  from unsealed containers.(b)  The holder of a mixed beverage permit for an establishment in a hotel may deliver mixed beverages, including wine and malt beverages, to individual rooms of the hotel or to any other location in the hotel building or grounds, except a parking area or the licensed premises of another alcoholic beverage establishment, without regard to whether the place of delivery is part of the licensed premises.  A permittee in a hotel may allow a patron or visitor to enter or leave the licensed premises, even though the patron or visitor possesses an alcoholic beverage, if the beverage is in an open container and appears to be possessed for present consumption.(c)  The holder of a mixed beverage permit may also:(1)  purchase wine and malt beverages containing alcohol of not more than 24 percent by volume in containers of any legal size from any permittee or licensee authorized to sell those beverages for resale; and(2)  sell the wine and malt beverages for consumption on the licensed premises.|Acts 1977, 65th Leg., p. 429, ch. 194, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1977, 65th Leg., p. 1182, ch. 453, Sec. 4, eff. Sept. 1, 1977;  Acts 1979, 66th Leg., p. 111, ch. 70, Sec. 1, eff. Aug. 27, 1979.Amended by: Acts 2019, 86th Leg., R.S., Ch. 50 (H.B. 2016), Sec. 2, eff. September 1, 2019.Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 119, eff. September 1, 2021.|
TX Alco Bev Code § 28.03 (2021)
2021 Texas Statutes|Alcoholic Beverage Code|Title 3 - Licenses and Permits|Subtitle A - Permits|Chapter 28 - Mixed Beverage Permit|Section 28.03. Information Required of Applicants

Sec. 28.03.  INFORMATION REQUIRED OF APPLICANTS.  In addition to the information required of applicants for permits under this code, the applicant for a mixed beverage permit must file with his original and renewal application a sworn statement in a form prescribed by the commission or administrator containing the following information:(1)  the name and residential address of the lessor of the premises;(2)  the name and address of the lessee of the premises;(3)  the amount of monthly rental on the premises and the date of expiration of the lease;(4)  whether the lease or rental agreement includes furniture and fixtures;(5)  whether the business is to be operated under a franchise and, if so, the name and address of the franchisor;(6)  the name and address of the accountant of the business;(7)  a list of all bank accounts, including account numbers, used in connection with the business;  and(8)  any information required by the commission or administrator relevant to the determination of all persons having a financial interest of any kind in the granting of the mixed beverage permit.|Acts 1977, 65th Leg., p. 430, ch. 194, Sec. 1, eff. Sept. 1, 1977.|
TX Alco Bev Code § 28.04 (2021)
2021 Texas Statutes|Alcoholic Beverage Code|Title 3 - Licenses and Permits|Subtitle A - Permits|Chapter 28 - Mixed Beverage Permit|Section 28.04. Change in Corporate Control

Sec. 28.04.  CHANGE IN CORPORATE CONTROL.  (a)  A mixed beverage permit held by a corporation may not be renewed if the commission or administrator finds that legal or beneficial ownership of over 50 percent of the stock of the corporation has changed since the time the original permit was issued.(b)  The commission or administrator may adopt reasonable rules and regulations in accordance with the provisions of this section.(c)  A corporation which is barred from renewing a permit because of this section may file an application for an original permit and may be issued an original permit if otherwise qualified.(d)  This section does not apply to a change in corporate control:(1)  brought about by the death of a shareholder if the shareholder's surviving spouse or descendants are the shareholder's successors in interest; or(2)  brought about when legal or beneficial ownership of over 50 percent of the stock of the corporation has been transferred:(A)  to a person who possesses the qualifications required of other applicants for permits and is currently an officer of the corporation and has been an officer of the corporation ever since the date the original permit was issued; or(B)  if the permittee notifies the commission, on completed forms and attachments prescribed by the commission, of the proposed transfer prior to the date the transfer is to become effective and the commission does not find that circumstances exist that would be grounds for the denial of a renewal of the permit under Section 11.46 and provided the ownership of the corporation immediately after the transfer satisfies the requirements of this code.(e)  Nothing in this section shall be construed to grant any property right to any permit or construed to prevent the commission from suspending or canceling a permit at any time after notice and hearing for a violation of this code.|Acts 1977, 65th Leg., p. 430, ch. 194, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1987, 70th Leg., ch. 303, Sec. 6, eff. June 11, 1987;  Acts 1989, 71st Leg., 1st C.S., ch. 36, Sec. 3, eff. Oct. 18, 1989;  Acts 1993, 73rd Leg., ch. 934, Sec. 34, eff. Jan. 1, 1994.Amended by: Acts 2007, 80th Leg., R.S., Ch. 986 (S.B. 1217), Sec. 4, eff. September 1, 2007.|
TX Alco Bev Code § 28.05 (2021)
2021 Texas Statutes|Alcoholic Beverage Code|Title 3 - Licenses and Permits|Subtitle A - Permits|Chapter 28 - Mixed Beverage Permit|Section 28.05. Renewal of Permit by Descendant or Surviving Spouse

Sec. 28.05.  RENEWAL OF PERMIT BY DESCENDANT OR SURVIVING SPOUSE.  If the surviving spouse or surviving descendant of a holder of a mixed beverage permit qualifies as the successor in interest to the permit as provided in Section 11.10 of this code, the descendant or surviving spouse may continue to renew the permit by paying a renewal fee equal to the fee the permittee would be required to pay had he lived.|Acts 1977, 65th Leg., p. 431, ch. 194, Sec. 1, eff. Sept. 1, 1977.|
TX Alco Bev Code § 28.06 (2021)
2021 Texas Statutes|Alcoholic Beverage Code|Title 3 - Licenses and Permits|Subtitle A - Permits|Chapter 28 - Mixed Beverage Permit|Section 28.06. Possession of Alcoholic Beverage Not Covered by Invoice

Sec. 28.06.  POSSESSION OF ALCOHOLIC BEVERAGE NOT COVERED BY INVOICE.  (a)  Except as provided by Sections 14.07 and 37.01(d), no holder of a mixed beverage permit, nor any officer, agent, or employee of a holder, may possess or permit to be possessed on the premises for which the permit is issued any alcoholic beverage which is not covered by an invoice from the supplier from whom the alcoholic beverage was purchased.(b)  A person who violates Subsection (a) of this section commits a misdemeanor punishable by a fine of not more than $1,000 or by confinement in the county jail for no more than 30 days or by both.(c)  Except as provided by Sections 14.07 and 37.01(d), no holder of a mixed beverage permit, nor any officer, agent, or employee of a holder, may knowingly possess or permit to be possessed on the licensed premises any alcoholic beverage which is not covered by an invoice from the supplier from whom the alcoholic beverage was purchased.(d)  A person who violates Subsection (c) of this section commits a misdemeanor punishable by a fine of not less than $500 nor more than $1,000 and by confinement in the county jail for not less than 30 days nor more than two years.  The commission or administrator shall cancel the permit of any permittee found by the commission or administrator, after notice and hearing, to have violated or to have been convicted of violating Subsection (c) of this section.(e)  The commission by rule may allow the holder of a mixed beverage permit or an officer, agent, or employee of the permit holder to possess and use alcoholic beverages that are not covered by an invoice on the permitted premises for cooking purposes.|Acts 1977, 65th Leg., p. 431, ch. 194, Sec. 1, eff. Sept. 1, 1977.Amended by: Acts 2009, 81st Leg., R.S., Ch. 441 (H.B. 2237), Sec. 2, eff. September 1, 2009.Acts 2019, 86th Leg., R.S., Ch. 792 (H.B. 1997), Sec. 4, eff. September 1, 2019.|
TX Alco Bev Code § 28.07 (2021)
2021 Texas Statutes|Alcoholic Beverage Code|Title 3 - Licenses and Permits|Subtitle A - Permits|Chapter 28 - Mixed Beverage Permit|Section 28.07. Purchase and Transportation of Alcoholic Beverages

Sec. 28.07.  PURCHASE AND TRANSPORTATION OF ALCOHOLIC BEVERAGES.  (a)  All distilled spirits sold by a holder of a mixed beverage permit must be purchased from a holder of a local distributor's permit in the county in which the premises of a mixed beverage permittee is located.(b)  If a holder of a mixed beverage permit is in a county where there are no local distributors, the permit holder may purchase alcoholic beverages in the nearest county where local distributors are located and may transport them to the permit holder's premises.  The transporter may acquire the alcoholic beverages only on the written order of the holder of the mixed beverage permit.  The alcoholic beverages must be accompanied by a written statement furnished and signed by the local distributor showing the name and address of the consignee and consignor, the origin and destination of the shipment, and any other information required by the commission or administrator.  The person in charge of the alcoholic beverages while they are being transported shall exhibit the written statement to any representative of the commission or any peace officer on demand, and the statement shall be accepted by the representative or officer as prima facie evidence of the lawful right to transport the alcoholic beverages.(c)  If a mixed beverage permittee's premises are located in a regional airport governed by a board, commission, or authority composed of members from two or more counties, and there is no local distributor at the airport, the mixed beverage permittee may purchase alcoholic beverages from any local distributor in a trade area served by the airport and transport the alcoholic beverages to the permit holder's licensed premises.  The transportation of the beverages must be in accordance with Subsection (b).(d)  The holder of a mixed beverage permit may transfer alcoholic beverages from the place of purchase to the permitted premises as provided in this code.|Acts 1977, 65th Leg., p. 431, ch. 194, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1977, 65th Leg., p. 1182, ch. 453, Sec. 5, eff. Sept. 1, 1977;  Acts 1993, 73rd Leg., ch. 934, Sec. 35, eff. Sept. 1, 1993.Amended by: Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 120, eff. September 1, 2021.|
TX Alco Bev Code § 28.08 (2021)
2021 Texas Statutes|Alcoholic Beverage Code|Title 3 - Licenses and Permits|Subtitle A - Permits|Chapter 28 - Mixed Beverage Permit|Section 28.08. Refilling Containers Prohibited

Sec. 28.08.  REFILLING CONTAINERS PROHIBITED.  No holder of a mixed beverage permit may refill with any substance a container which contained distilled spirits on which the tax prescribed in Section 201.03 of this code has been paid.|Acts 1977, 65th Leg., p. 432, ch. 194, Sec. 1, eff. Sept. 1, 1977.|
TX Alco Bev Code § 28.081 (2021)
2021 Texas Statutes|Alcoholic Beverage Code|Title 3 - Licenses and Permits|Subtitle A - Permits|Chapter 28 - Mixed Beverage Permit|Section 28.081. Substitution of Brand Without Consent of Consumer Prohibited

Sec. 28.081.  SUBSTITUTION OF BRAND WITHOUT CONSENT OF CONSUMER PROHIBITED.  (a)  The holder of a mixed beverage permit or a private club permit, or the agent, servant, or employee of a holder of a mixed beverage permit or private club permit commits an offense if the holder, agent, servant, or employee substitutes one brand of alcoholic beverage for a brand that has been specifically requested by a consumer, unless the consumer is notified and consents to the substitution.(b)  A holder of a permit who violates Subsection (a) of this section is liable in a civil suit to a consumer for damages resulting from the substitution.  The court shall award the prevailing party in an action under this section attorney's fees and costs of action.(c)  The commission shall provide written notice of the provisions of this section to an applicant or permittee when issuing an original or renewal mixed beverage permit or private club permit on or after October 1, 1993.|Added by Acts 1993, 73rd Leg., ch. 934, Sec. 36, eff. Sept. 1, 1993.|