reglab/statecodes huggingface dataset:
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 16 - Winery Permit › Section 16.08. Wine Festivals

Sec. 16.08.  WINE FESTIVALS.  (a)  At an event that is approved by the commission, organized to celebrate and promote the wine industry in this state, and held in whole or in part on the premises of the holder of a winery permit, the permit holder may:
(1)  sell wine to consumers for consumption on or off the holder's premises;  and
(2)  dispense wine without charge for consumption on or off the holder's premises.
(b)  The holder of a winery permit may sell wine to the holder of a wine and malt beverage retailer's permit, mixed beverage permit, private club permit, or nonprofit entity temporary event permit for an event that is approved by the commission and organized to celebrate and promote the wine industry in this state.
(c)  Repealed by Acts 2005, 79th Leg., Ch. 878, Sec. 10(1), eff. June 17, 2005.
Added by Acts 2001, 77th Leg., ch. 1001, Sec. 2.02, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 878 (S.B. 1137), Sec. 10(1), eff. June 17, 2005.
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 68, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 16 - Winery Permit › Section 16.09. Direct Shipment to Consumers

Sec. 16.09.  DIRECT SHIPMENT TO CONSUMERS.  (a)  The holder of a winery permit may ship wine to the ultimate consumer, including ultimate consumers located in dry areas.  Delivery must be by the holder of a carrier permit.
(b)  All wine shipped to an ultimate consumer by the holder of a winery permit must be in a package that is clearly and conspicuously labeled showing that:
(1)  the package contains wine; and
(2)  the package may be delivered only to a person described in Subsection (c).
(c)  Wine shipped by the holder of a winery permit may not be delivered to any person other than:
(1)  the person who purchased the wine;
(2)  a recipient designated in advance by such purchaser; or
(3)  a person at the delivery address who is age 21 or over.
(d)  Wine may be delivered only to a person who is age 21 or over after the person accepting the package:
(1)  presents valid proof of identity and age; and
(2)  personally signs a receipt acknowledging delivery of the package.
(e)  The holder of a winery permit may not:
(1)  sell or ship wine to a minor;
(2)  deliver wine to a consumer using a carrier that does not hold a carrier's permit under this code; or
(3)  deliver to the same consumer in this state more than nine gallons of wine within any calendar month or more than 36 gallons of wine within any 12-month period.
Added by Acts 2005, 79th Leg., Ch. 36 (S.B. 877), Sec. 1, eff. May 9, 2005.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 346 (H.B. 1084), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 16 - Winery Permit › Section 16.10. Transporting Wine

Sec. 16.10.  TRANSPORTING WINE.  (a)  The holder of a winery permit may transport wine, if the transportation is for a lawful purpose, from:
(1)  the place of purchase to the holder's place of business; and
(2)  the place of sale or distribution to the purchaser.
(b)  The holder of a winery permit may transport wine from one wet area to another wet area across a dry area if that course of transportation is necessary or convenient.
(c)  The holder of a winery permit may transport wine only in a vehicle that is owned or leased in good faith by the permit holder or by the permit holder's agent.
Added by Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 69, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 16 - Winery Permit › Section 16.11. Storage

Sec. 16.11.  STORAGE.  (a)  The holder of a winery permit may store wine:
(1)  on the permit holder's premises; or
(2)  inside or outside the county in which the permit holder's business is located in a:
(A)  public bonded warehouse that is authorized to store liquor under Chapter 46; or
(B)  private warehouse that is:
(i)  owned or leased by the permit holder; and
(ii)  operated by the permit holder.
(b)  The holder of a winery permit whose winery is located in a county all or part of which is in a dry area may store the winery's product in a dry area of that county if the product to be stored is owned by the permit holder and remains in the permit holder's possession.
Added by Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 70, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 16 - Winery Permit › Section 16.12. Sales at Temporary Location

Sec. 16.12.  SALES AT TEMPORARY LOCATION.  (a)  The holder of a winery permit may sell wine at a civic or wine festival, farmers' market, celebration, or similar event.
(b)  The holder of a winery permit may not offer wine for sale under this section on more than four consecutive days at the same location.
(c)  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 wine 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 wine under this section;
(3)  detail the circumstances when a permit holder may temporarily sell wine under this section with just a notification to the commission and the circumstances that require the commission's preapproval before a permit holder may temporarily sell wine under this section; and
(4)  require the permit holder to provide any other information the commission determines necessary.
(d)  The provisions of this code applicable to the sale of wine on the permitted premises of the holder of a winery permit apply to the sale of wine under this section.
Added by Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 71, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 19 - Wholesaler's Permit › Section 19.01. Authorized Activities

Sec. 19.01.  AUTHORIZED ACTIVITIES.  The holder of a wholesaler's permit may:
(1)  purchase and import liquor from distillers, wineries, and rectifiers who are holders of nonresident seller's permits or from their agents;
(2)  purchase liquor from other wholesalers in the state;
(3)  sell liquor in the original containers in which it is received to retailers and wholesalers in this state authorized to sell the liquor; and
(4)  sell liquor to qualified persons outside the state.
Acts 1977, 65th Leg., p. 417, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 3 (S.B. 731), Sec. 1, eff. September 1, 2009.
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 72(a), eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 72(b), eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 19 - Wholesaler's Permit › Section 19.03. Promotional Activities

Sec. 19.03.  PROMOTIONAL ACTIVITIES.  The holder of a wholesaler's permit or the permittee's agent may enter the licensed premises of a mixed beverage permittee or private club registration permittee to determine the brands offered for sale and suggest or promote the sale of other brands, to the extent authorized by Section 102.07.  The holder of a wholesaler's permit or the permittee's agent may not accept a direct order from a mixed beverage permittee except for wine.
Acts 1977, 65th Leg., p. 418, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 73, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 19 - Wholesaler's Permit › Section 19.04. Miniature Containers

Sec. 19.04.  MINIATURE CONTAINERS.  In addition to other authorized containers, a wholesaler's permittee may import, sell, offer for sale, and possess for the purpose of resale distilled spirits, wine, and vinous liquors in containers of not less than one ounce nor more than two ounces.  Liquor in containers of that size may be sold to:
(1)  package store permittees for resale to certain passenger transportation permittees, as provided in Section 48.03; and
(2)  local distributor's permittees.
Acts 1977, 65th Leg., p. 418, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 74, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 19 - Wholesaler's Permit › Section 19.06. Transporting Liquor

Sec. 19.06.  TRANSPORTING LIQUOR.  (a)  The holder of a wholesaler's permit may transport liquor, if the transportation is for a lawful purpose, from:
(1)  the place of purchase to the holder's place of business; and
(2)  the place of sale or distribution to the purchaser.
(b)  The holder of a wholesaler's permit may transport liquor from one wet area to another wet area across a dry area if that course of transportation is necessary or convenient.
(c)  The holder of a wholesaler's permit transporting liquor under this section shall provide to the commission:
(1)  a full description of each motor vehicle used by the permit holder for transporting liquor; and
(2)  any other information the commission requires.
(d)  The holder of a wholesaler's permit may transport liquor only in a vehicle that is:
(1)  described by Subsection (c)(1);
(2)  owned or leased in good faith by the permit holder or by the permit holder's agent; and
(3)  printed or painted with the designation required by the commission.
Added by Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 75, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 19 - Wholesaler's Permit › Section 19.07. Storage

Sec. 19.07.  STORAGE.  (a)  The holder of a wholesaler's permit may store liquor:
(1)  on the permit holder's premises; or
(2)  inside the county in which the permit holder's business is located in a:
(A)  public bonded warehouse authorized to store liquor under Chapter 46; or
(B)  private warehouse that is:
(i)  owned or leased by the permit holder; and
(ii)  operated by the permit holder.
(b)  The holder of a wholesaler's permit may not store liquor in a dry area.
Added by Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 76, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 20 - General Class B Wholesaler's Permit › Section 20.01. Authorized Activities

Sec. 20.01.  AUTHORIZED ACTIVITIES.  The holder of a general class B wholesaler's permit may:
(1)  purchase and import vinous liquors from wineries, rectifiers, and wine manufacturers who are the holders of nonresident seller's permits or their agents;
(2)  purchase vinous liquors from wholesalers in the state;
(3)  sell the vinous liquors in the original containers in which they are received to retailers and wholesalers authorized to sell them in this state, including holders of local distributor's permits, mixed beverage permits, and certain nonprofit entity temporary event permits; and
(4)  sell the vinous liquors to qualified persons outside the state.
Acts 1977, 65th Leg., p. 418, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 3 (S.B. 731), Sec. 2, eff. September 1, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 750 (S.B. 515), Sec. 2, eff. June 14, 2013.
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 77(a), eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 77(b), eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 20 - General Class B Wholesaler's Permit › Section 20.04. Transporting Liquor

Sec. 20.04.  TRANSPORTING LIQUOR.  (a)  The holder of a general class B wholesaler's permit may transport liquor, if the transportation is for a lawful purpose, from:
(1)  the place of purchase to the holder's place of business; and
(2)  the place of sale or distribution to the purchaser.
(b)  The holder of a general class B wholesaler's permit may transport liquor from one wet area to another wet area across a dry area if that course of transportation is necessary or convenient.
(c)  The holder of a general class B wholesaler's permit transporting liquor under this section shall provide to the commission:
(1)  a full description of each motor vehicle used by the permit holder for transporting liquor; and
(2)  any other information the commission requires.
(d)  The holder of a general class B wholesaler's permit may transport liquor only in a vehicle that is:
(1)  described by Subsection (c)(1);
(2)  owned or leased in good faith by the permit holder or by the permit holder's agent; and
(3)  printed or painted with the designation required by the commission.
Added by Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 78, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 20 - General Class B Wholesaler's Permit › Section 20.05. Storage

Sec. 20.05.  STORAGE.  (a)  The holder of a general class B wholesaler's permit may store liquor:
(1)  on the permitted premises; or
(2)  inside the county in which the permittee's business is located in a:
(A)  public bonded warehouse authorized to store liquor under Chapter 46; or
(B)  private warehouse that is:
(i)  owned or leased by the permit holder; and
(ii)  operated by the permit holder.
(b)  The holder of a general class B wholesaler's permit may not store liquor in a dry area.
Added by Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 79, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 22 - Package Store Permit › Section 22.01. Authorized Activities

Sec. 22.01.  AUTHORIZED ACTIVITIES.  The holder of a package store permit may:
(1)  purchase liquor in this state from the holder of a winery, wholesaler's, or class B wholesaler's permit;
(2)  purchase malt beverages in this state from the holder of a general or branch distributor's license;
(3)  sell liquor and malt beverages in unbroken original containers on or from the holder's licensed premises at retail to consumers for off-premises consumption only and not for the purpose of resale, except that if the permittee is a hotel, the permittee may deliver unbroken packages of liquor and malt beverages to bona fide guests of the hotel in their rooms for consumption in their rooms;
(4)  sell vinous liquors in original containers of not less than six ounces;
(5)  sell liquor to holders of passenger transportation permits as provided in Section 48.03; and
(6)  purchase and sell vintage distilled spirits as provided in Section 22.19.
Acts 1977, 65th Leg., p. 419, ch. 194, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1979, 66th Leg., p. 2117, ch. 819, Sec. 6, eff. June 13, 1979.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 80, eff. September 1, 2021.
Acts 2023, 88th Leg., R.S., Ch. 91 (S.B. 1322), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 22 - Package Store Permit › Section 22.03. Deliveries to Customers

Sec. 22.03.  DELIVERIES TO CUSTOMERS.  (a)  The holder of a package store permit or wine only package store permit issued for a location within a city or town or within two miles of the corporate limits of a city or town may make deliveries of and collections for alcoholic beverages off the premises in areas where the sale of the beverages is legal.  The permittee must travel by the most direct route and may make deliveries and collections only within the county or the city or town or within two miles of its corporate limits, and only in response to bona fide orders placed by the customer, either in person at the premises, in writing, by mail, or by telegraph or telephone.  This section shall not be construed as preventing a holder of a package store permit or wine only package store permit from delivering alcoholic beverages to the holder of a carrier's permit for transportation to persons who have placed bona fide orders and who are located in an area that the holder of a package store permit or wine only package store permit is authorized to directly deliver to under this section.  The holder of a package store permit or wine only package store permit may also deliver alcoholic beverages to the holder of a carrier's permit for transportation outside of this state in response to bona fide orders placed by persons authorized to purchase the beverages.
(b)  The holder of a package store permit may transport alcoholic beverages to a commercial airline in a regional airport located all or partly in an adjoining county if the airport is governed by a board, commission, or authority, some of whose members reside in the county where the package store is located.
Acts 1977, 65th Leg., p. 420, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 253 (S.B. 1229), Sec. 1, eff. September 1, 2007.
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 81, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 22 - Package Store Permit › Section 22.04. Limitation on Package Store Interests

Sec. 22.04.  LIMITATION ON PACKAGE STORE INTERESTS.  (a)  A person may not hold or have an interest, directly or indirectly, in more than 250 package stores or in their business or permit.
(b)  For the purpose of this section:
(1)  a person has an interest in any permit in which his spouse has an interest;  and
(2)  as to a corporate permittee, the stockholders, managers, officers, agents, servants, and employees of the corporation have an interest in the permit, business, and package stores of the corporation.
(c)  Except as provided by Section 22.041, the commission may not issue more than 15 original package store permits to a person in a calendar year.
(d)  This section does not apply to the stockholders, managers, officers, agents, servants, or employees of a corporation operating hotels, with respect to package stores operated by the corporation in hotels.
Acts 1977, 65th Leg., p. 420, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 82, eff. September 1, 2019.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 22 - Package Store Permit › Section 22.041. Acquisition of Existing Package Store Business

Sec. 22.041.  ACQUISITION OF EXISTING PACKAGE STORE BUSINESS.  (a)  The commission may issue an original package store permit to a person for an existing package store business if:
(1)  the person acquired by purchase or otherwise the existing package store business; and
(2)  the existing package store business has been operating in the same county for more than one year before the date the person acquired the package store business.
(b)  A package store permit issued under this section is not subject to the permit limit under Section 22.04(c).
Added by Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 83, eff. September 1, 2019.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 22 - Package Store Permit › Section 22.05. Transfer of Permits

Sec. 22.05.  TRANSFER OF PERMITS.  The holder of a package store permit may not transfer the permit to another county.
Acts 1977, 65th Leg., p. 421, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 84, eff. September 1, 2019.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 22 - Package Store Permit › Section 22.06. Prohibited Interests

Sec. 22.06.  PROHIBITED INTERESTS.  (a)  Except as otherwise provided in Section 102.05, no person who holds a package store permit or owns an interest in a package store may have a direct or indirect interest in any of the following:
(1)  a brewer's, retail dealer's on-premise, or general or branch distributor's license;
(2)  a wine and malt beverage retailer's, wine and malt beverage retailer's off-premise, or mixed beverage permit; or
(3)  the business of any of the permits or licenses listed in Subdivisions (1) and (2) of this subsection.
(b)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 410(a)(6), eff. September 1, 2021.
Acts 1977, 65th Leg., p. 421, ch. 194, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1979, 66th Leg., p. 347, ch. 158, Sec. 1, eff. Aug. 27, 1979;  Acts 1979, 66th Leg., p. 1445, ch. 634, Sec. 3, eff. Aug. 27, 1979.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 85, eff. September 1, 2021.
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 410(a)(6), eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 22 - Package Store Permit › Section 22.08. Transfer of Beverages

Sec. 22.08.  TRANSFER OF BEVERAGES.  (a) The owner of more than one package store may transfer alcoholic beverages between any of the owner's licensed premises in the same county between the hours of 7 a.m. and 9 p.m. on any day when the sale of those beverages is legal, subject to rules prescribed by the commission.
(b)  The holder of a package store permit may not transport alcoholic beverages under Subsection (a) unless:
(1)  the permit holder provides the commission with a description, as required by the commission, of each motor vehicle used by the permit holder to transport alcoholic beverages; and
(2)  each motor vehicle is plainly marked or lettered to indicate that it is being used by the permit holder to transport alcoholic beverages.
(c)  When transporting alcoholic beverages under this section, the holder of a package store permit may not violate the motor carrier laws of this state.
Acts 1977, 65th Leg., p. 421, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 86, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 22 - Package Store Permit › Section 22.10. Opening Containers Prohibited

Sec. 22.10.  OPENING CONTAINERS PROHIBITED.  Except as authorized under Section 14.07, 22.18, or 37.01(d), a person may not break or open a container containing liquor or a malt beverage or possess an opened container of liquor or a malt beverage on the premises of a package store.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 87, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 22 - Package Store Permit › Section 22.11. Consumption on Premises Prohibited

Sec. 22.11.  CONSUMPTION ON PREMISES PROHIBITED.  Except as authorized under Section 14.07, 22.18, or 37.01(d), a person may not sell, barter, exchange, deliver, or give away any drink or drinks of alcoholic beverages from a container that has been opened or broken on the premises of a package store.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 88, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 22 - Package Store Permit › Section 22.12. Breach of Peace

Sec. 22.12.  BREACH OF PEACE.  The commission or administrator may suspend or cancel a package store permit after giving the permittee notice and the opportunity to show compliance with all requirements of law for the retention of the permit if it finds that a breach of the peace has occurred on the licensed premises or on premises under the control of the permittee and that the breach of the peace was not beyond the control of the permittee and resulted from his improper supervision of persons permitted to be on the licensed premises or on premises under his control.
Acts 1977, 65th Leg., p. 422, ch. 194, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 22 - Package Store Permit › Section 22.13. Age of Package Store Employees

Sec. 22.13.  AGE OF PACKAGE STORE EMPLOYEES.  (a)  A package store permittee may not knowingly utilize or employ any person under the age of 21 to work on the premises of a package store in any capacity or to deliver alcohol off the premises of a package store.
(b)  This section shall not apply to a person who was under the age of 21 and employed by a package store on September 1, 1995.
(c)  This section shall not apply to a person who is employed by the person's parent or legal guardian to work in a package store that is owned by the parent or legal guardian.
Added by Acts 1995, 74th Leg., ch. 480, Sec. 2, eff. Sept. 1, 1995.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 22 - Package Store Permit › Section 22.14. Separate Premises Required

Sec. 22.14.  SEPARATE PREMISES REQUIRED.  (a)  The premises of a package store shall be completely separated from the premises of other businesses by a solid, opaque wall from floor to ceiling, without connecting doors, shared bathroom facilities, or shared entry foyers.
(b)  The premises of a package store shall have a front door through which the public may enter which opens onto a street, parking lot, public sidewalk, or the public area of a mall or shopping center.
(c)  For all premises built or first occupied as a package store on or after September 1, 1995, the premises of a package store shall include:
(1)  a rear or side entrance which opens onto a street, parking lot, public sidewalk, or the public area or common area of a mall or shopping center, which may be used for receipt and processing of merchandise but which shall in any event serve as an emergency exit from the premises;  and
(2)  a bathroom which complies with Title III of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. Section 12101 et seq.).
(d)  Subsections (a), (b), and (c) shall not apply to a package store that qualifies for exemption under Section 11.50 or to a package store in a hotel that qualifies for exemption under Section 102.05.
(e)  The holder of a package store permit may sell nonalcoholic products and may conduct other lawful business on the premises of a package store, but the premises must be closed to entry by the general public during all hours in which the sale of liquor by a package store is prohibited by law.  For purposes of this subsection, "the general public" shall mean retail customers and shall not include vendors, service personnel, and other persons entering the premises for purposes other than the purchase of goods sold on the premises.
Added by Acts 1995, 74th Leg., ch. 480, Sec. 2, eff. Sept. 1, 1995.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 22 - Package Store Permit › Section 22.15. Conducting Separate Businesses as a Common Operation

Sec. 22.15.  CONDUCTING SEPARATE BUSINESSES AS A COMMON OPERATION.  (a)  No package store permittee, except for permittees wholly owned by the same persons, may conduct business in a manner so as to directly or indirectly coordinate operations with another package store as if they shared common ownership.  For purposes of this section, "coordinate operations as if they shared common ownership" includes engaging in any of the following practices:
(1)  cooperatively setting prices or credit policies or allowing any third party to do so on their behalf;
(2)  sharing advertising;
(3)  utilizing the same trade name, trademark, or slogan as another package store in the same county;
(4)  sharing or utilizing the same bookkeeping or computer-processing service, unless the bookkeeping or computer-processing service is in the business of providing such services to the general public;
(5)  transferring funds, merchandise, or equipment from one package store business to another;
(6)  utilizing the same person as an employee or independent contractor for two or more package store businesses in any capacity, unless, in the case of an independent contractor, the independent contractor is in the business of providing similar services to the general public;  and
(7)  negotiating, or allowing a third party to negotiate, quantity discounts for alcoholic beverages to be purchased by the package store business utilizing the sales volume of another package store business to increase the discount.
(b)  The prohibition set forth in Subsection (a)(3) regarding trade names, trademarks, and slogans shall not prevent any package store business from utilizing a trade name, trademark, or slogan which the business was using on September 1, 1995.
(c)  Before the commission may renew a package store permit, an individual who is an owner or officer of the permittee must file with the commission a sworn affidavit stating that the permittee fully complies with the requirements of this section.
(d)  Any package store permittee who is injured in his business or property by another package store permittee by reason of anything prohibited in this section may institute suit in any district court in the county where the violation is alleged to have occurred to require enforcement by injunctive procedures and to recover triple damages plus costs of suit including reasonable attorney's fees.
Added by Acts 1995, 74th Leg., ch. 480, Sec. 2, eff. Sept. 1, 1995.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 22 - Package Store Permit › Section 22.16. Ownership by Public Corporations Prohibited

Sec. 22.16.  OWNERSHIP BY PUBLIC CORPORATIONS PROHIBITED.  (a)  A package store permit may not be owned or held by a public corporation, or by any entity which is directly or indirectly owned or controlled, in whole or in part, by a public corporation, or by any entity which would hold the package store permit for the benefit of a public corporation.
(b)  For purposes of this section, a public corporation means:
(1)  any corporation or other legal entity whose shares or other evidence of ownership are listed on a public stock exchange;  or
(2)  any corporation or other legal entity in which more than 35 persons hold an ownership interest in the entity.
(c)  Before the commission may renew a package store permit, an individual who is an owner or officer of the permittee must file with the commission a sworn affidavit stating that the permittee fully complies with the requirements of this section.
(d)  This section shall not apply to a package store located in a hotel.
(e)  Any package store permittee who is injured in his business or property by another package store permittee or by any other person by reason of anything prohibited in this section may institute suit in any district court in the county where the violation is alleged to have occurred to require enforcement by injunctive procedures and to recover triple damages plus costs of suit including reasonable attorney's fees.
(f)  This section shall not apply to a corporation:
(1)  which was a public corporation as defined by this section on April 28, 1995;  and
(2)  which holds a package store permit on April 28, 1995, or which has an application pending for a package store permit on April 28, 1995;  and
(3)  which has provided to the commission on or before December 31, 1995, a sworn affidavit stating that such corporation satisfies the requirements of Subdivisions (1) and (2).
Added by Acts 1995, 74th Leg., ch. 480, Sec. 2, eff. Sept. 1, 1995.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 22 - Package Store Permit › Section 22.17. Sale to Customer in Store at Closing

Sec. 22.17.  SALE TO CUSTOMER IN STORE AT CLOSING.  Notwithstanding any other provision of this code, if a customer has entered a package store during hours in which the package store may sell alcohol and is still in the store at the time the hours of legal sale end, the permittee may allow the customer to remain in the store for a reasonable amount of time to finish shopping, and the permittee may sell an alcoholic beverage to that customer even though the sale occurs after the designated end of the hours of legal sale.
Added by Acts 2015, 84th Leg., R.S., Ch. 1009 (H.B. 824), Sec. 1, eff. June 19, 2015.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 22 - Package Store Permit › Section 22.19. Purchase and Sale of Vintage Distilled Spirits

Sec. 22.19.  PURCHASE AND SALE OF VINTAGE DISTILLED SPIRITS.  (a)  The holder of a package store permit may purchase vintage distilled spirits from a vintage distilled spirits seller.
(b)  A vintage distilled spirits seller may sell to the holder of a package store permit, for each permitted premises, not more than 24 containers of vintage distilled spirits during any 12-month period.
(c)  The holder of a package store permit shall maintain a record of each purchase of vintage distilled spirits until the second anniversary of the date the vintage distilled spirits are purchased and provide the record to the commission on request. The record must include the following information:
(1)  the permit holder's name, address, permit number, and phone number;
(2)  the vintage distilled spirits seller's name, address, and phone number;
(3)  the brand name and quantity of each vintage distilled spirits container purchased;
(4)  the date of the purchase; and
(5)  the number of containers of vintage distilled spirits the permit holder has previously purchased from the vintage distilled spirits seller and the dates of those purchases.
(d)  A package store permit holder may sell vintage distilled spirits to consumers for off-premises consumption only and to holders of passenger transportation permits as provided in Section 48.03.
(e)  Any holder of a package store permit who is injured in the permittee's business or property by a vintage distilled spirits seller by the sale of forged, adulterated, or counterfeit vintage distilled spirits to the permittee may institute suit in any district court in the county in which the violation is alleged to have occurred to require enforcement by injunctive procedures and to recover triple damages plus costs of suit including reasonable attorney's fees.
Added by Acts 2023, 88th Leg., R.S., Ch. 91 (S.B. 1322), Sec. 3, eff. September 1, 2023.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 23 - Local Distributor's Permit › Section 23.01. Authorized Activities

Sec. 23.01.  AUTHORIZED ACTIVITIES.  (a)  The holder of a local distributor's permit may:
(1)  purchase alcoholic beverages, including malt beverages, from wholesalers and distributors authorized to sell them for resale, but may purchase only those brands available for general distribution to all local distributor's permittees;
(2)  sell and distribute the alcoholic beverages, including malt beverages, to mixed beverage and private club registration permittees;
(3)  sell and distribute distilled spirits to the holder of a nonprofit entity temporary event permit;
(4)  rent or sell to mixed beverage and private club registration permittees any equipment, fixtures, or supplies used in the selling or dispensing of distilled spirits; and
(5)  purchase and sell vintage distilled spirits as provided by Section 23.07.
(b)  A local distributor's permittee may purchase liquor only from a wholesaler's or general class B wholesaler's permittee and may purchase only the types of liquor the particular wholesaler is authorized by the wholesaler's permit to sell.
Acts 1977, 65th Leg., p. 422, ch. 194, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1977, 65th Leg., p. 1181, ch. 453, Sec. 2, eff. Sept. 1, 1977.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 90, eff. September 1, 2021.
Acts 2023, 88th Leg., R.S., Ch. 91 (S.B. 1322), Sec. 4, eff. September 1, 2023.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 23 - Local Distributor's Permit › Section 23.03. Eligibility for Permit

Sec. 23.03.  ELIGIBILITY FOR PERMIT.  The commission or the administrator may issue a local distributor's permit only to a holder of a package store permit.
Acts 1977, 65th Leg., p. 422, ch. 194, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 23 - Local Distributor's Permit › Section 23.04. May Transfer Beverages

Sec. 23.04.  MAY TRANSFER BEVERAGES.  (a)  The holder of a local distributor's permit may transfer alcoholic beverages:
(1)  to any place where the sale of alcoholic beverages is legal in the city or county where the permit holder's premises are located; and
(2)  to a regional airport located all or partly in an adjoining county if the airport is governed by a board, commission, or authority, some of whose members reside in the county where the local distributor's premises are located.
(b)  The holder of a local distributor's permit may not transport alcoholic beverages under Subsection (a) unless:
(1)  the permit holder provides the commission with a description, as required by the commission, of each motor vehicle used by the permit holder to transport alcoholic beverages; and
(2)  each motor vehicle is plainly marked or lettered to indicate that it is being used by the permit holder to transport alcoholic beverages.
(c)  When transporting alcoholic beverages under this section, the holder of a local distributor's permit may not violate the motor carrier laws of this state.
Acts 1977, 65th Leg., p. 422, ch. 194, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1977, 65th Leg., p. 1181, ch. 453, Sec. 3, eff. Sept. 1, 1977.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 91, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 23 - Local Distributor's Permit › Section 23.05. Size of Containers

Sec. 23.05.  SIZE OF CONTAINERS.  (a)  A holder of a local distributor's permit may not sell distilled spirits to the holder of a mixed beverage or private club permit in individual containers containing less than one fluid ounce.
(b)  A holder of a local distributor's permit may sell to holders of mixed beverage permits distilled spirits, wine, and vinous liquor in containers containing not less than one ounce nor more than two ounces or in any other container authorized by this code.
Acts 1977, 65th Leg., p. 423, ch. 194, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 23 - Local Distributor's Permit › Section 23.06. Size of Delivery

Sec. 23.06.  SIZE OF DELIVERY.  A holder of a local distributor's permit may not deliver less than two and four-tenths gallons of distilled spirits in a single delivery.
Acts 1977, 65th Leg., p. 423, ch. 194, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 23 - Local Distributor's Permit › Section 23.07. Purchase and Sale of Vintage Distilled Spirits

Sec. 23.07.  PURCHASE AND SALE OF VINTAGE DISTILLED SPIRITS.  (a)  The holder of a local distributor's permit may purchase vintage distilled spirits from a vintage distilled spirits seller.
(b)  A vintage distilled spirits seller may sell to the holder of a local distributor's permit, for each permitted premises, not more than 24 containers of vintage distilled spirits during any 12-month period.
(c)  The holder of a local distributor's permit shall maintain a record of each purchase of vintage distilled spirits until the second anniversary of the date the vintage distilled spirits are purchased and provide the record to the commission on request.  The record must include the following information:
(1)  the permit holder's name, address, permit number, and phone number;
(2)  the vintage distilled spirits seller's name, address, and phone number;
(3)  the brand name and quantity of each vintage distilled spirits container purchased;
(4)  the date of the purchase; and
(5)  the number of containers of vintage distilled spirits the permit holder has previously purchased from the vintage distilled spirits seller and the dates of those purchases.
(d)  A local distributor's permit holder may sell to the holder of a mixed beverage permit not more than six containers of vintage distilled spirits during any 12-month period.
(e)  Any holder of a local distributor's permit who is injured in the permittee's business or property by a vintage distilled spirits seller by the sale of forged, adulterated, or counterfeit vintage distilled spirits to the permittee may institute suit in any district court in the county in which the violation is alleged to have occurred to require enforcement by injunctive procedures and to recover triple damages plus costs of suit including  reasonable attorney's fees.
Added by Acts 2023, 88th Leg., R.S., Ch. 91 (S.B. 1322), Sec. 5, eff. September 1, 2023.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 24 - Wine Only Package Store Permit › Section 24.01. Authorized Activities

Sec. 24.01.  AUTHORIZED ACTIVITIES.  (a)  The holder of a wine only package store permit may:
(1)  purchase wine and vinous liquors in this state from the holder of a winery, wholesaler's, or class B wholesaler's permit;
(2)  purchase malt beverages from the holder of a general or branch distributor's license; and
(3)  sell those beverages to consumers at retail on or from the licensed premises in unbroken original containers of not less than six ounces for off-premises consumption only and not for the purpose of resale.
(b)  The holder of a wine only package store permit whose premises is located in a wet area permitting the legal sale of wine for off-premises consumption only as determined by an election held under Section 251.19 may only purchase, sell, or possess vinous liquor on those licensed premises.
(c)  The qualifications for a wine only package store permit whose premises is in a wet area permitting the legal sale of wine for off-premises consumption only as determined by an election held under Section 251.19 are the same as the qualifications for a permit issued under Chapter 26 of this code, including the citizenship requirements prescribed by Section 6.03.
Acts 1977, 65th Leg., p. 423, ch. 194, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1979, 66th Leg., p. 2118, ch. 819, Sec. 7, eff. June 13, 1979;  Acts 2001, 77th Leg., ch. 400, Sec. 2, eff. Sept. 1, 2001.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 92, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 24 - Wine Only Package Store Permit › Section 24.03. Deliveries and Collections

Sec. 24.03.  DELIVERIES AND COLLECTIONS.  The holder of a wine only package store permit may make deliveries to and collections from customers as provided in Section 22.03 of this code.
Acts 1977, 65th Leg., p. 424, ch. 194, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 24 - Wine Only Package Store Permit › Section 24.04. Designation of Place of Storage; Transport of Beverages

Sec. 24.04.  DESIGNATION OF PLACE OF STORAGE; TRANSPORT OF BEVERAGES.  (a) The owner of more than one wine only package store may designate one of the permit holder's places of business as a place of storage.  The permit holder may transfer alcoholic beverages to and from the place of storage and the permit holder's other stores in the same county, subject to rules prescribed by the commission.
(b)  A wine only package store permit holder may not transport alcoholic beverages under Subsection (a) unless:
(1)  the permit holder provides the commission with a description, as required by the commission, of each motor vehicle used by the permit holder to transport alcoholic beverages; and
(2)  each motor vehicle is plainly marked or lettered to indicate that it is being used by the permit holder to transport alcoholic beverages.
(c)  When transporting alcoholic beverages under this section, the holder of a wine only package store permit may not violate the motor carrier laws of this state.
Acts 1977, 65th Leg., p. 424, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 93, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 24 - Wine Only Package Store Permit › Section 24.05. Prohibited Interests

Sec. 24.05.  PROHIBITED INTERESTS.  (a)  No person who holds a wine only package store permit or owns an interest in a wine only package store may have a direct or indirect interest in any of the following:
(1)  a manufacturer's or general, branch, or local distributor's license;
(2)  the business of any of the licenses listed in Subdivision (1) of this subsection.
(b)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 410(a)(8), eff. September 1, 2021.
(c)  A person may not hold a wine and malt beverage retailer's or wine and malt beverage retailer's off-premise permit at the same location where the person holds a wine only package store permit.
Acts 1977, 65th Leg., p. 424, ch. 194, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1979, 66th Leg., p. 1445, ch. 634, Sec. 4, eff. Aug. 27, 1979;  Acts 1995, 74th Leg., ch. 1042, Sec. 1, eff. Aug. 28, 1995.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 94, eff. September 1, 2021.
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 410(a)(8), eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 24 - Wine Only Package Store Permit › Section 24.07. Hours of Sale

Sec. 24.07.  HOURS OF SALE.  A holder of a wine only package store permit may remain open and sell malt beverages, wine, and vinous liquors, for off-premises consumption only, on any day and during the same hours as those prescribed for the sale of malt beverages under Section 105.05, except that the permittee may not sell wine or vinous liquor containing more than 17 percent alcohol by volume on a Sunday or after 10 p.m. on any day.
Acts 1977, 65th Leg., p. 424, ch. 194, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1999, 76th Leg., ch. 418, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 1028 (H.B. 1518), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 24 - Wine Only Package Store Permit › Section 24.09. Opening Containers Prohibited

Sec. 24.09.  OPENING CONTAINERS PROHIBITED.  Except as provided by Section 24.12, a person may not break or open a container of liquor or malt beverages or possess an opened container of liquor or malt beverages on the premises of a wine only package store.
Acts 1977, 65th Leg., p. 424, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2005, 79th Leg., Ch. 1291 (H.B. 2590), Sec. 1, eff. June 18, 2005.
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 96, eff. September 1, 2021.