reglab/statecodes huggingface dataset:
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 28 - Mixed Beverage Permit › Section 28.17. Summary Suspension

Sec. 28.17.  SUMMARY SUSPENSION.  (a)  The commission may summarily suspend, without a hearing, the permit of a permittee who fails to file a return, post the security required by the comptroller under Section 183.053, Tax Code, or make a tax payment.  The administrative procedure law, Chapter 2001, Government Code, does not apply to the commission in the enforcement and administration of this section.
(b)  A suspension under this section takes effect on the third day after the date the notice of suspension is provided.  Notice of suspension shall be sent by registered or certified mail to the permittee or the permittee's agent, servant, or employee if not given in person.
(c)  The commission shall terminate a suspension made under this section when the permittee files all required returns, posts the security required by the comptroller under Section 183.053, Tax Code, and makes all required tax payments, including payment of penalties that are due.
Added by Acts 1993, 73rd Leg., ch. 934, Sec. 37, eff. Jan. 1, 1994.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), eff. Sept. 1, 1995;  Acts 1995, 74th Leg., ch. 1001, Sec. 6, eff. Aug. 28, 1995.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 28 - Mixed Beverage Permit › Section 28.20. Temporary Sales at Certain Racing Facilities

Text of section as added by Acts 2023, 88th Leg., R.S., Ch. 16 (S.B. 926), Sec. 4
For text of section as added by Acts 2023, 88th Leg., R.S., Ch. 1087 (S.B. 998), Sec. 2, see other Sec. 28.20.
Sec. 28.20.  TEMPORARY SALES AT CERTAIN RACING FACILITIES.  (a)  The holder of a mixed beverage permit may temporarily sell wine and malt beverages in an area of a facility with a seating capacity of more than 40,000 that is open to the public and not otherwise covered by a license or permit during a motor vehicle racing event sponsored by a professional motor racing association.
(b)  The holder of a mixed beverage permit may, under this section, sell wine and malt beverages containing alcohol in excess of one-half of one percent by volume but not more than 17 percent by volume for consumption on or off the premises where sold, but not for resale.
(c)  The holder of a mixed beverage permit may temporarily sell wine and malt beverages for not more than five consecutive days at an event under this section or six days if necessary to accommodate the postponement of scheduled racing events due to an act of nature.
(d)  The holder of a mixed beverage permit who temporarily sells wine and malt beverages under this section may not:
(1)  sell under this section at the facility more than four times in a calendar year;
(2)  sell alcoholic beverages in factory-sealed containers;
(3)  sell more than two drinks to a single consumer at one time;
(4)  sell alcoholic beverages at more than 50 percent of the food and beverage concession stands that are open for business at any one time; or
(5)  sell alcoholic beverages after:
(A)  75 percent of the feature race is complete on the day that race is held; or
(B)  one hour before the scheduled completion of the last spectator event on a day other than the feature race day.
(e)  A holder of a mixed beverage permit who sells wine or malt beverages under that permit in a county other than the county in which the premises covered by the permit is located shall:
(1)  purchase the beverages from a distributor or wholesaler authorized under this code to sell the beverages in the county in which the permit holder sells the beverages under this section; and
(2)  report to the commission, in the manner prescribed by the commission by rule, the amount of beverages purchased and sold under this section, by type.
(f)  The holder of a mixed beverage permit who temporarily sells wine and malt beverages under this section, or any officer, agent, or employee of the permit holder, may allow a person to:
(1)  possess and consume alcoholic beverages brought onto the premises by the person; and
(2)  remove from the premises any alcoholic beverages brought onto the premises by the person.
(g)  The commission shall adopt rules to implement this section.
Added by Acts 2023, 88th Leg., R.S., Ch. 16 (S.B. 926), Sec. 4, eff. May 13, 2023.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 28 - Mixed Beverage Permit › Section 28.20. Training Program on Opioid-Related Drug Overdose

Text of section as added by Acts 2023, 88th Leg., R.S., Ch. 1087 (S.B. 998), Sec. 2
For text of section as added by Acts 2023, 88th Leg., R.S., Ch. 16 (S.B. 926), Sec. 4, see other Sec. 28.20.
Sec. 28.20.  TRAINING PROGRAM ON OPIOID-RELATED DRUG OVERDOSE.  (a)  Except as provided by Subsection (b), the holder of a mixed beverage permit and each employee of the permit holder who is required by the permit holder to complete a commission-approved seller training program shall complete the opioid-related drug overdose training program described by Section 5.61 each year.
(b)  This section does not apply to a mixed beverage permit holder that is a restaurant as defined by Section 1.04.
Added by Acts 2023, 88th Leg., R.S., Ch. 1087 (S.B. 998), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 29 - Retailer Late Hours Certificate › Section 29.01. Eligible Permit and License Holders

Sec. 29.01.  ELIGIBLE PERMIT AND LICENSE HOLDERS.  A retailer late hours certificate may be issued to the holder of a mixed beverage permit, private club registration permit, or retail dealer's on-premise license.
Acts 1977, 65th Leg., p. 433, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 123, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 29 - Retailer Late Hours Certificate › Section 29.02. Authorized Activities

Sec. 29.02.  AUTHORIZED ACTIVITIES.  The holder of a retailer late hours certificate may sell or serve the alcoholic beverages the holder is authorized to sell or serve under its primary permit or license on Sunday between the hours of 1:00 a.m. and 2 a.m. and on any other day between the hours of 12 midnight and 2 a.m. if the premises covered by the license or permit are in an area where the sale or service of those alcoholic beverages during those hours is authorized by this code.
Acts 1977, 65th Leg., p. 433, ch. 194, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1983, 68th Leg., p. 1346, ch. 278, Sec. 20, eff. Sept. 1, 1983.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 123, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 29 - Retailer Late Hours Certificate › Section 29.03. Issuance of Certificate Authorized for Certain Areas

Sec. 29.03.  ISSUANCE OF CERTIFICATE AUTHORIZED FOR CERTAIN AREAS.  (a) Notwithstanding any other provision of this code, a retailer late hours certificate may be issued to the holder of a retail dealer's on-premise license in an area in which the voters have approved the following alcoholic beverage ballot issues in a local option election:
(1)  either:
(A)  "The legal sale of beer and wine for off-premise consumption only."; or
(B)  "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 certificate 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 certificate under this chapter only if the premises is issued a food and beverage certificate.
Acts 1977, 65th Leg., p. 433, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 123, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 30 - Nonprofit Entity Temporary Event Permit › Section 30.01. Definition

Sec. 30.01.  DEFINITION.  In this chapter, "nonprofit entity" means:
(1)  a nonprofit corporation;
(2)  a nonprofit charitable, civic, or religious organization;
(3)  a political party or political association supporting a candidate for public office or a proposed amendment to the Texas Constitution or other ballot measure;
(4)  a fraternal organization with a regular membership that has been in continuous existence for more than five years; or
(5)  a person or group of persons who are subject to recordkeeping requirements under Chapter 254, Election Code.
Acts 1977, 65th Leg., p. 433, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 124, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 30 - Nonprofit Entity Temporary Event Permit › Section 30.02. Authorized Activities

Sec. 30.02.  AUTHORIZED ACTIVITIES.  The holder of a nonprofit entity temporary event permit may sell for consumption on the premises for which the permit is issued any alcoholic beverage that is authorized to be sold where the event is held.
Acts 1977, 65th Leg., p. 433, ch. 194, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1983, 68th Leg., p. 1346, ch. 278, Sec. 20, eff. Sept. 1, 1983.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 124, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 30 - Nonprofit Entity Temporary Event Permit › Section 30.03. Issuance of Permit

Sec. 30.03.   ISSUANCE OF PERMIT.  The commission may issue a nonprofit entity temporary event permit to a nonprofit entity for the sale of alcoholic beverages at an event sponsored by the permit holder including picnics, celebrations, or similar events.
Acts 1977, 65th Leg., p. 433, ch. 194, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1979, 66th Leg., p. 1971, ch. 777, Sec. 17, eff. Aug. 27, 1979;  Acts 1983, 68th Leg., p. 4626, ch. 790, Sec. 1, eff. Sept. 1, 1983;  Acts 1993, 73rd Leg., ch. 377, Sec. 2, eff. June 2, 1993;  Acts 1993, 73rd Leg., ch. 934, Sec.  38, eff. Sept. 1, 1993.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 124, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 30 - Nonprofit Entity Temporary Event Permit › Section 30.04. Notation of Dates Permit Is Valid

Sec. 30.04.  NOTATION OF DATES PERMIT IS VALID.  When issuing a nonprofit entity temporary event permit under this chapter, the commission shall, on the face of the permit, indicate the dates on which the permit is valid.
Acts 1977, 65th Leg., p. 434, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 124, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 30 - Nonprofit Entity Temporary Event Permit › Section 30.05. Purchase of Distilled Spirits

Sec. 30.05.  PURCHASE OF DISTILLED SPIRITS.  Distilled spirits sold by the holder of a nonprofit entity temporary event permit must be purchased from the holder of a local distributor's permit.
Acts 1977, 65th Leg., p. 434, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 124, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 30 - Nonprofit Entity Temporary Event Permit › Section 30.06. Auction of Alcoholic Beverages

Sec. 30.06.  AUCTION OF ALCOHOLIC BEVERAGES.  (a)  The holder of a nonprofit entity temporary event permit may auction alcoholic beverages, for consumption off premises, to raise money to support the stated purpose of the permit holder.
(b)  The proceeds from an auction authorized by this section shall be deposited to the account of the holder of a nonprofit entity temporary event permit.
(c)  The holder of a nonprofit entity temporary event permit may not:
(1)  auction distilled spirits or wine that has not been donated to the organization;
(2)  auction alcoholic beverages if any taxes are owed on the beverages; or
(3)  pay a commission or promotional allowance to a person to:
(A)  arrange or conduct an auction under this section; or
(B)  arrange the donation of alcoholic beverages to be auctioned by the organization.
Acts 1977, 65th Leg., p. 434, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 124, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 30 - Nonprofit Entity Temporary Event Permit › Section 30.07. Application of Other Law

Sec. 30.07.  APPLICATION OF OTHER LAW.  Section 11.39 does not apply to an applicant for a nonprofit entity temporary event permit.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 124, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 30 - Nonprofit Entity Temporary Event Permit › Section 30.08. Adoption of Rules

Sec. 30.08.  ADOPTION OF RULES.  The commission shall adopt rules which it determines to be necessary to implement and administer the provisions of this chapter, including:
(1)  limitations on the number of times during any calendar year a nonprofit entity may be issued a permit under this chapter, which may vary based on the type of entity and other factors the commission determines relevant;
(2)  the duration for a permit issued under this chapter which may vary depending on the length of the event for which the permit is being issued; and
(3)  penalties for a violation of this code or a rule adopted under this code.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 124, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 30 - Nonprofit Entity Temporary Event Permit › Section 30.09. Events in Dry Area

Sec. 30.09.  EVENTS IN DRY AREA.  (a) The commission may issue a nonprofit entity temporary event permit to a nonprofit corporation for a fund-raising event for the nonprofit corporation that is located in a dry area.
(b)  A nonprofit entity temporary event permit under this section may only be issued for an event:
(1)  in the county where the nonprofit corporation is located; and
(2)  that lasts not longer than eight hours.
(c)  A nonprofit corporation may be issued only one nonprofit entity temporary event permit under this section in each calendar year.
(d)  The commission by rule shall establish the procedure for obtaining and operating under a nonprofit entity temporary event permit issued under this section.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 124, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 32 - Private Club Registration Permit › Section 32.01. Authorized Activities

Sec. 32.01.  AUTHORIZED ACTIVITIES.  (a)  A private club registration permit authorizes alcoholic beverages belonging to members of the club to be:
(1)  stored, possessed, and mixed on the club premises;
(2)  served for on-premises consumption only to members of the club and their families and guests, by the drink or in sealed, unsealed, or broken containers of any legal size; and
(3)  served for off-premises consumption only to members of the club in the manner provided by Section 32.155.
(b)  An applicant for or the holder of a private club registration permit may apply to the commission to have the activities authorized under the permit restricted to the storage and service of wine and malt beverages for members of the club.  Except as otherwise provided by this chapter, an applicant for or the holder of a permit that is restricted under this subsection is subject to all the requirements of this chapter.  The commission may adopt rules as necessary to implement this subsection.
Acts 1977, 65th Leg., p. 435, ch. 194, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1993, 73rd Leg., ch. 290, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 125, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 6 (H.B. 1024), Sec. 3, eff. May 12, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 32 - Private Club Registration Permit › Section 32.04. Applications for Permits; Renewals

Sec. 32.04.  APPLICATIONS FOR PERMITS;  RENEWALS.  (a)  A private club which meets the requirements set forth in Section 32.03 of this code may apply for a private club registration permit on forms furnished by the commission and containing all information necessary to insure compliance with the provisions of this code.
(b)  Each applicant shall furnish a true copy of his application to the commission's district office in the district in which the premises sought to be covered by the permit are located prior to the filing of the original application with the commission at Austin.
(c)  Applications for a renewal permit shall be filed with the commission within 30 days prior to the expiration of the current permit.
Acts 1977, 65th Leg., p. 437, ch. 194, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 32 - Private Club Registration Permit › Section 32.05. Locker System

Sec. 32.05.  LOCKER SYSTEM.  The locker system of storage is a system whereby the club rents a locker to a member in which he may store alcoholic beverages for consumption by himself and his guests.  All alcoholic beverages stored at a club under the locker system must be purchased and owned by the member individually.
Acts 1977, 65th Leg., p. 437, ch. 194, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 32 - Private Club Registration Permit › Section 32.07. Display of Permit

Sec. 32.07.  DISPLAY OF PERMIT.  A private club registration permit shall be displayed in a conspicuous place at all times on the licensed premises.
Acts 1977, 65th Leg., p. 437, ch. 194, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 32 - Private Club Registration Permit › Section 32.08. Purchase and Transportation of Alcoholic Beverages

Sec. 32.08.  PURCHASE AND TRANSPORTATION OF ALCOHOLIC BEVERAGES.  (a)  All distilled spirits sold by a club holding a private club registration permit must be purchased in this state from a holder of a local distributor's permit.
(b)  If the club holding the permit is in an area where there are no local distributors, alcoholic beverages may be purchased in any area where local distributors are located and may be transported to the club premises.  The transporter may acquire the alcoholic beverages only on the written order of an officer or manager of the club holding the 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 private club registration 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 private club registration 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 private club registration permit may transfer alcoholic beverages from the place of purchase to the permitted premises as provided in this code.
Acts 1977, 65th Leg., p. 437, ch. 194, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1977, 65th Leg., p. 1182, ch. 453, Sec. 6, eff. Sept. 1, 1977.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 126, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 32 - Private Club Registration Permit › Section 32.09. Temporary Members

Sec. 32.09.  TEMPORARY MEMBERS.  (a)  The manager or other person in charge of the club premises may allow a person to enter the club if he possesses a valid temporary membership card which has no erasures or changes and which has the temporary dates in a prominent position on the card.  A temporary member may enjoy the club's services and privileges for a period of not more than three days per invitation.  A temporary member may bring not more than three guests to the club and must remain in their presence while they are at the club.
(b)  At the time of his admission the temporary member shall pay the club a fee of $3, which shall represent the fee payable by the permittee to the state.  All fees and payments from temporary members shall be collected in cash or through credit cards approved by the commission or administrator.
(c)  Temporary memberships shall be governed by rules promulgated by the commission consistent with the provisions of this section.
Acts 1977, 65th Leg., p. 438, ch. 194, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1979, 66th Leg., p. 68, ch. 42, Sec. 1, eff. Aug. 27, 1979;  Acts 1983, 68th Leg., p. 1347, ch. 278, Sec. 23, eff. Sept. 1, 1984.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 32 - Private Club Registration Permit › Section 32.10. Guests

Sec. 32.10.  GUESTS.  (a)  Guests shall be limited to those who accompany a member or temporary member onto the premises or for whom a member, other than a temporary member, has made prior arrangements with the management of the club.
(b)  Except as provided in Subsection (c) of this section no guest shall be permitted to pay, by cash or otherwise, for any service of alcoholic beverages.  Any charge for a service rendered to a guest by the club must be billed by the club to the member or temporary member sponsoring the guest.  A club shall bill a member other than a temporary member for the service of guests in the club's regular billing cycle.
(c)  The manager of a hotel who is a member of a private club located within the hotel building may issue a guest card to a patron of the hotel who is staying in the hotel overnight or longer.  The holder of the guest card may be served alcoholic beverages in the club or the holder's hotel room.  The guest may not be allowed to pay, by cash or otherwise, at the time of service in the private club.  The charge for service shall be billed to the hotel manager's account in the hotel and shall be collected by the hotel manager along with other hotel charges, including the charge for using the hotel room, when the patron leaves the hotel.  The hotel records shall be available for inspection at the request of the commission.  If the club operates under the locker system a guest shall be served from the locker rented to the manager of the hotel.
(d)  The commission shall promulgate rules necessary to implement the provisions of this section.
Acts 1977, 65th Leg., p. 438, ch. 194, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1979, 66th Leg., p. 68, ch. 42, Sec. 2, eff. Aug. 27, 1979;  Acts 1985, 69th Leg., ch. 103, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 32 - Private Club Registration Permit › Section 32.12. Inspection of Premises

Sec. 32.12.  INSPECTION OF PREMISES.  The acceptance of a private club registration permit constitutes an express agreement and consent on the part of the private club that any authorized representative of the commission or any peace officer has the right and privilege to freely enter the club premises at any time to conduct an investigation or to inspect the premises for the purpose of performing a duty imposed by this code.
Acts 1977, 65th Leg., p. 439, ch. 194, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 32 - Private Club Registration Permit › Section 32.13. Inspection of Books and Records

Sec. 32.13.  INSPECTION OF BOOKS AND RECORDS.  All books and records pertaining to the operation of any permittee club, including a current listing, correct to the last day of the preceding month, of all members of the club who have liquor stored on the club premises under either the locker or pool system, shall be made available to the commission or its authorized representatives on request.
Acts 1977, 65th Leg., p. 439, ch. 194, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 32 - Private Club Registration Permit › Section 32.14. Unregistered Clubs; Prohibited Activities

Sec. 32.14.  UNREGISTERED CLUBS;  PROHIBITED ACTIVITIES.  (a)  No permittee, licensee, or any other person shall deliver, transport, or carry an alcoholic beverage to, into, or on the premises of any establishment, location, room, or place purporting to be a club, or holding itself out to the public or any person as a club or private club, unless the club holds a private club registration permit.
(b)  No person may store, possess, mix, or serve by the drink or in broken or unsealed containers an alcoholic beverage on the premises of any establishment, location, room, or place purporting to be a club or private club unless the club holds a private club registration permit.
(c)  An alcoholic beverage stored or possessed on the premises of any establishment, location, room, or place purporting to be a club, or holding itself out to the public or any person as a club or private club, is declared to be an illicit beverage and subject to seizure without a warrant unless a private club registration permit has been issued for the premises, location, room, or place.
Acts 1977, 65th Leg., p. 440, ch. 194, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 32 - Private Club Registration Permit › Section 32.15. Removal of Beverages From Premises

Sec. 32.15.  REMOVAL OF BEVERAGES FROM PREMISES.  A private club, irrespective of location or system of storage of alcoholic beverages, may not permit any person to remove any alcoholic beverages from the club premises, except:
(1)  as authorized by:
(A)  Section 28.10(b) or 32.155; or
(B)  Chapter 57, as added by Chapter 441 (S.B. 1450), Acts of the 86th Legislature, Regular Session, 2019; or
(2)  for the purpose of removing unused inventory the person brought onto the premises under Section 14.07, as added by Chapter 792 (H.B. 1997), Acts of the 86th Legislature, Regular Session, 2019, or 37.01(d).
Acts 1977, 65th Leg., p. 440, ch. 194, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1987, 70th Leg., ch. 494, Sec. 1, eff. Aug. 31, 1987.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 792 (H.B. 1997), Sec. 6, eff. September 1, 2019.
Acts 2021, 87th Leg., R.S., Ch. 6 (H.B. 1024), Sec. 4, eff. May 12, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 32 - Private Club Registration Permit › Section 32.16. Unauthorized Membership

Sec. 32.16.  UNAUTHORIZED MEMBERSHIP.  No private club registration permittee may allow its average membership to exceed that authorized by its permit.
Acts 1977, 65th Leg., p. 440, ch. 194, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 32 - Private Club Registration Permit › Section 32.18. Appeals From Orders of Commission or Administrator

Sec. 32.18.  APPEALS FROM ORDERS OF COMMISSION OR ADMINISTRATOR.  An appeal from an order of the commission or administrator refusing, cancelling, or suspending a private club registration permit shall be taken to the district court of the county in which the private club is located.  The proceeding on appeal shall be under the substantial evidence rule.  The rules applicable to ordinary civil suits apply, with the following exceptions, which shall be construed literally:
(1)  all appeals shall be perfected and filed within 30 days after the order, decision, or ruling of the commission or administrator becomes final and appealable;
(2)  all causes shall be tried before the judge within 20 days from the filing, and neither party shall be entitled to a jury; and
(3)  the order, decision, or ruling of the commission or administrator may be suspended or modified by the district court pending a trial on the merits, but the final judgment of the district court shall not be modified or suspended pending appeal.
Acts 1977, 65th Leg., p. 441, ch. 194, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1981, 67th Leg., p. 2636, ch. 707, Sec. 4(19), eff. Aug. 31, 1981.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 514 (H.B. 1956), Sec. 2, eff. September 1, 2011.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 32 - Private Club Registration Permit › Section 32.19. Aiding or Abetting Violation

Sec. 32.19.  AIDING OR ABETTING VIOLATION.  A person who commits, assists, aids, or abets a violation of this chapter commits an offense.
Acts 1977, 65th Leg., p. 441, ch. 194, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 32 - Private Club Registration Permit › Section 32.20. Stamps

Sec. 32.20.  STAMPS.  (a)  Except as provided by Sections 14.07 and 37.01(d), a private club registration permittee may not possess or permit a person to possess on the premises distilled spirits in any container that does not bear a serially numbered identification stamp issued by the commission or other identification approved by the commission.
(b)  A holder of a local distributor's permit may not knowingly sell, ship, or deliver distilled spirits in any container that does not bear a serially numbered identification stamp issued by the commission or other identification approved by the commission.
(c)  Identification stamps may be issued only to a holder of a local distributor's permit who shall affix the stamps as prescribed by the commission or administrator.
Added by Acts 1993, 73rd Leg., ch. 934, Sec. 42, eff. Jan. 1, 1994.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 792 (H.B. 1997), Sec. 7, eff. September 1, 2019.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 32 - Private Club Registration Permit › Section 32.201. Possession of Certain Stamps

Sec. 32.201.  POSSESSION OF CERTAIN STAMPS.  A private club registration permittee may not possess a stamp used to show payment of a tax unless the stamp is affixed to a bottle or container of liquor.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1008 (H.B. 2460), Sec. 2, eff. September 1, 2013.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 32 - Private Club Registration Permit › Section 32.21. Permit Ineligibility

Sec. 32.21.  PERMIT INELIGIBILITY.  A private club registration permit may not be issued to:
(1)  a person whose permit was canceled for a violation of Section 28.06(c) of this code;
(2)  a person who held an interest in a permit that was canceled for a violation of Section 28.06(c) of this code;
(3)  a person who held 50 percent or more of the stock, directly or indirectly, of a corporation whose permit was canceled for a violation of Section 28.06(c) of this code;
(4)  a corporation, if a person holding 50 percent or more of the corporation's stock, directly or indirectly, is disqualified from obtaining a permit under Subdivision (3) of this section;  or
(5)  a person who resides with a person who is barred from obtaining a permit because of a violation of Section 28.06(c) of this code.
Added by Acts 1993, 73rd Leg., ch. 934, Sec. 42, eff. Jan. 1, 1994.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 32 - Private Club Registration Permit › Section 32.22. Summary Suspension

Sec. 32.22.  SUMMARY SUSPENSION.  (a)  The commission may summarily suspend, without a hearing, the permit of a permittee who fails to file a return or make a tax payment.  Chapter 2001, Government Code does not apply to the commission in the enforcement and administration of this section.
(b)  A suspension under this section takes effect on the third day after the date the notice of suspension is given.  The notice of suspension shall be sent by registered or certified mail to the permittee, the permittee's agent, servant, or employee if not given in person.
(c)  The commission shall terminate a suspension made under this section when the permittee files all required returns and makes all required tax payments, including payment of penalties that are due.
Added by Acts 1993, 73rd Leg., ch. 934, Sec. 42, eff. Jan. 1, 1994.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), eff. Sept. 1, 1995.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 32 - Private Club Registration Permit › Section 32.24. Breach of Peace

Sec. 32.24.  BREACH OF PEACE.  The commission or administrator may suspend or cancel a private club registration permit after giving the holder notice and the opportunity to show compliance with the requirements of law for the retention of the permit if the commission or administrator finds that:
(1)  a breach of the peace has occurred on the premises covered by the permit or on a premises under the control of the holder;  and
(2)  the breach of the peace resulted from the holder's improper supervision of a person who was allowed on the premises covered by the permit or on a premises under the holder's control.
Added by Acts 1997, 75th Leg., ch. 1002, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 32 - Private Club Registration Permit › Section 32.25. Sales at Temporary Location

Sec. 32.25.  SALES AT TEMPORARY LOCATION.  (a)  The holder of a private club registration permit may temporarily serve authorized alcoholic beverages at a picnic, celebration, or similar event:
(1)  sponsored by:
(A)  a political party or political association supporting a candidate for public office or a proposed amendment to the Texas Constitution or other ballot measure;
(B)  a charitable or civic organization;
(C)  a fraternal organization with a regular membership that has been in continuous existence for more than five years; or
(D)  a religious organization; and
(2)  that is located in the county where the private club registration permit is issued.
(b)  The holder of a private club registration permit may temporarily serve alcoholic beverages under this section not more than two times in each calendar year for the same party, association, or organization.
(c)  Distilled spirits served under this section must be purchased from the holder of a local distributor's permit.
(d)  The commission shall adopt rules to implement this section, including rules that:
(1)  require the permit holder to notify the commission of the dates on which and location where the permit holder will temporarily offer alcoholic beverages for sale under this section;
(2)  establish a procedure to verify the wet or dry status of the location where the permit holder intends to temporarily sell alcoholic beverages under this section;
(3)  detail the circumstances when a permit holder may temporarily sell alcoholic beverages under this section with only a notification to the commission and the circumstances that require the commission's preapproval before a permit holder may temporarily sell alcoholic beverages under this section; and
(4)  require the permit holder to provide any other information the commission determines necessary.
Added by Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 128, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 32 - Private Club Registration Permit › Section 32.26. Training Program on Opioid-Related Drug Overdose

Sec. 32.26.  TRAINING PROGRAM ON OPIOID-RELATED DRUG OVERDOSE.  (a)  Except as provided by Subsection (b), the holder of a private club registration permit and each employee of the permit holder who is required by the permit holder to complete a commission-approved seller training program shall complete the opioid-related drug overdose training program described by Section 5.61 each year.
(b)  This section does not apply to the holder of a private club registration permit that is a restaurant as defined by Section 1.04.
Added by Acts 2023, 88th Leg., R.S., Ch. 1087 (S.B. 998), Sec. 3, eff. September 1, 2023.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 35 - Agents › Section 35.01. Authorized Activities

Sec. 35.01.  AUTHORIZED ACTIVITIES.  (a)  An agent may:
(1)  represent permittees other than retailers within this state who are authorized to sell liquor to retail dealers in the state; and
(2)  solicit and take orders for the sale of liquor from authorized permittees.
(b)  A person acting as an agent may only represent one permitted or licensed business at a time while soliciting or taking orders.
Acts 1977, 65th Leg., p. 443, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 130, eff. September 1, 2019.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 35 - Agents › Section 35.05. Samples

Sec. 35.05.  SAMPLES.  An agent may not transport or carry liquor as samples, but may carry or display empty sample containers.
Acts 1977, 65th Leg., p. 443, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 131, eff. September 1, 2019.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 35 - Agents › Section 35.06. Ineligibility to Serve as Nonresident Seller's Agent

Sec. 35.06.  INELIGIBILITY TO SERVE AS NONRESIDENT SELLER'S AGENT.  A person acting as an agent under this chapter may not act as a nonresident seller's agent under Chapter 36.
Acts 1977, 65th Leg., p. 443, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 132, eff. September 1, 2019.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 35 - Agents › Section 35.07. Unauthorized Representation

Sec. 35.07.  UNAUTHORIZED REPRESENTATION.  An agent in soliciting or taking orders for the sale of liquor may not represent that the agent is an agent of any person other than the person who employs the agent or who has authorized the agent to represent the person.
Acts 1977, 65th Leg., p. 444, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 133, eff. September 1, 2019.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 36 - Nonresident Seller's Agents › Section 36.01. Authorized Activities

Sec. 36.01.  AUTHORIZED ACTIVITIES.  (a)  A nonresident seller's agent may:
(1)  represent only the holders of nonresident seller's permits;
(2)  solicit and take orders for the sale of liquor from permittees authorized to import liquor for the purpose of resale; and
(3)  if the agent represents the holder of a nonresident seller's permit, provide samples or tastings of distilled spirits on a retailer's premises as authorized by Section 37.01(d).
(b)  A person acting as a nonresident seller's agent may only represent one permitted or licensed business at a time while soliciting or taking orders.
Acts 1977, 65th Leg., p. 444, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 792 (H.B. 1997), Sec. 8, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 135, eff. September 1, 2019.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 36 - Nonresident Seller's Agents › Section 36.04. Ineligibility to Serve as an Agent

Sec. 36.04.  INELIGIBILITY TO SERVE AS AN AGENT.  A person acting as a nonresident seller's agent may not act as an agent under Chapter 35.
Acts 1977, 65th Leg., p. 444, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 136, eff. September 1, 2019.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 36 - Nonresident Seller's Agents › Section 36.05. Samples

Sec. 36.05.  SAMPLES.  A nonresident seller's agent may not transport or carry liquor as samples, but may carry or display empty sample containers.
Acts 1977, 65th Leg., p. 444, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 137, eff. September 1, 2019.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 36 - Nonresident Seller's Agents › Section 36.06. Solicitation From Holder of Mixed Beverage or Private Club Permit

Sec. 36.06.  SOLICITATION FROM HOLDER OF MIXED BEVERAGE OR PRIVATE CLUB PERMIT.  A nonresident seller's agent may not solicit business directly or indirectly from a holder of a mixed beverage permit or a private club registration permit unless the agent is accompanied by the holder of a wholesaler's permit or the wholesaler's agent.
Acts 1977, 65th Leg., p. 444, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 138, eff. September 1, 2019.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 36 - Nonresident Seller's Agents › Section 36.07. Unauthorized Representation

Sec. 36.07.  UNAUTHORIZED REPRESENTATION.  A nonresident seller's agent in soliciting or taking orders for the sale of liquor may not represent that the agent is an agent of a person other than the person who employs the agent or who has authorized the agent to represent the person.
Acts 1977, 65th Leg., p. 444, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 139, eff. September 1, 2019.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 36 - Nonresident Seller's Agents › Section 36.08. Restriction as to Source of Supply

Sec. 36.08.  RESTRICTION AS TO SOURCE OF SUPPLY.  A nonresident seller's agent may not represent a person with respect to an alcoholic beverage unless the person represented is the primary American source of supply of the beverage as defined in Section 37.10.
Acts 1977, 65th Leg., p. 445, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 140, eff. September 1, 2019.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 37 - Nonresident Seller's Permit › Section 37.01. Authorized Activities

Sec. 37.01.  AUTHORIZED ACTIVITIES.  (a)  The holder of a nonresident seller's permit may:
(1) solicit and take orders for liquor from permittees authorized to import liquor into this state; and
(2)  ship liquor into this state, or cause it to be shipped into this state, in consummation of sales made to permittees authorized to import liquor into the state.
(b)  The holder of a nonresident seller's permit who owns a winery outside of the state may conduct samplings of the kinds of alcoholic beverages the permit holder is authorized to produce, including tastings, at a retailer's premises.  An employee of the winery may open, touch, or pour the alcoholic beverages, make a presentation, or answer questions at a sampling event.
(c)  Any alcoholic beverages used in a sampling event under Subsection (b) must be purchased from the retailer on whose premises the sampling event is held.  Subsection (b) does not authorize the holder of a nonresident seller's permit or the permit holder's agent to withdraw or purchase alcoholic beverages from the holder of a wholesaler's permit or provide alcoholic beverages for a sampling event 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.
(d)  The holder of a nonresident seller's permit or an agent or employee of the permit holder may provide samples or tastings of the kinds of distilled spirits the permit holder is authorized to produce in the manner authorized by Section 14.07 for the holder of a distiller's and rectifier's permit or the agent or employee of the holder of a distiller's and rectifier's permit.  Distilled spirits may legally be transported by the holder of a nonresident seller's permit or the permit holder's agent or employee to a retailer's premises for the purpose of providing a sample or a tasting under this subsection.  The cost of the distilled spirits provided for a sampling or tasting under this subsection is the responsibility of the holder of the nonresident seller's permit providing the sampling or tasting.
Acts 1977, 65th Leg., p. 445, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2005, 79th Leg., Ch. 192 (H.B. 937), Sec. 4, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 1073 (H.B. 2723), Sec. 7, eff. September 1, 2007.
Acts 2019, 86th Leg., R.S., Ch. 792 (H.B. 1997), Sec. 9, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 141, eff. September 1, 2021.
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 142, eff. September 1, 2019.