reglab/statecodes huggingface dataset:
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 24 - Wine Only Package Store Permit › Section 24.10. Beverage From Opened Container

Sec. 24.10.  BEVERAGE FROM OPENED CONTAINER.  Except as provided by Section 24.12, a person may not sell, barter, exchange, deliver, or give away a drink of alcoholic beverage from a container that has been opened or broken on the premises of a wine only package store.
Acts 1977, 65th Leg., p. 425, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2005, 79th Leg., Ch. 1291 (H.B. 2590), Sec. 2, eff. June 18, 2005.
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 97, 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 24.11. Breach of Peace

Sec. 24.11.  BREACH OF PEACE.  The commission or administrator may suspend or cancel a wine only 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. 425, ch. 194, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 25 - Wine and Malt Beverage Retailer's Permit › Section 25.01. Authorized Activities

Sec. 25.01.  AUTHORIZED ACTIVITIES.  The holder of a wine and malt beverage retailer's permit may sell:
(1)  for consumption on or off the premises where sold, but not for resale, wine and malt beverages containing alcohol in excess of one-half of one percent by volume and not more than 17 percent by volume; and
(2)  for consumption on the premises, the following beverages containing alcohol in excess of one-half of one percent by volume and not more than 24 percent by volume:
(A)  traditional port or sherry;
(B)  dessert-flavored wine; or
(C)  rice wine.
Acts 1977, 65th Leg., p. 425, ch. 194, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1993, 73rd Leg., ch. 934, Sec. 29, eff. Sept. 1, 1993;  Acts 1999, 76th Leg., ch. 418, Sec. 2, eff. Sept. 1, 1999.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 100, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 25 - Wine and Malt Beverage Retailer's Permit › Section 25.04. Issuance, Cancellation, and Suspension of Permit

Sec. 25.04.  ISSUANCE, CANCELLATION, AND SUSPENSION OF PERMIT.  (a)  A wine and malt beverage retailer's permit is issued by the commission.  The qualification of applicants and the application for and issuance of the permit are governed by the same provisions which apply to the application for and issuance of a retail dealer's on-premise license.
(b)  The provisions of this code applicable to the cancellation and suspension of a retail dealer's on-premise license also apply to the cancellation and suspension of a wine and malt beverage retailer's permit.
Acts 1977, 65th Leg., p. 426, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 103(a), eff. December 31, 2020.
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 103(b), eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 25 - Wine and Malt Beverage Retailer's Permit › Section 25.05. Hearings on Permit Application: Notice and Attendance

Sec. 25.05.  HEARINGS ON PERMIT APPLICATION:  NOTICE AND ATTENDANCE.  (a)  On receipt of an original application for a wine and malt beverage retailer's permit, the commission shall give notice of all hearings before the commission concerning the application to the sheriff and the chief of police of the incorporated city in which, or nearest which, the premises for which the permit is sought are located.
(b)  The individual natural person applying for the permit or, if the applicant is not an individual natural person, the individual partner, officer, trustee, or receiver who will be primarily responsible for the management of the premises shall attend any hearing involving the application.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 104(b), eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 25 - Wine and Malt Beverage Retailer's Permit › Section 25.06. Denial of Original Application

Sec. 25.06.  DENIAL OF ORIGINAL APPLICATION.  (a)  The commission shall deny an original application for a wine and malt beverage retailer's permit if the commission finds that the applicant, or the applicant's spouse, during the five years immediately preceding the application, was finally convicted of a felony or one of the following offenses:
(1)  prostitution or solicitation of prostitution;
(2)  a vagrancy offense involving moral turpitude;
(3)  bookmaking;
(4)  gambling or gaming;
(5)  an offense involving controlled substances as defined in Chapter 481, Health and Safety Code, or other dangerous drugs;
(6)  a violation of this code resulting in the cancellation of a license or permit, or a fine of not less than $500;
(7)  more than three violations of this code relating to minors;
(8)  bootlegging; or
(9)  an offense involving firearms or a deadly weapon.
(b)  The commission shall also deny an original application for a permit if the commission finds that five years have not elapsed since the termination of a sentence, parole, or probation served by the applicant or the applicant's spouse because of a felony conviction or conviction of any of the offenses described in Subsection (a).
(c)  The commission shall deny an application for a renewal of a wine and malt beverage retailer's permit if the commission finds:
(1)  that the applicant, or the applicant's spouse, has been convicted of a felony or one of the offenses listed in Subsection (a) at any time during the five years immediately preceding the filing of the application for renewal; or
(2)  that five years have not elapsed since the termination of a sentence, parole, or probation served by the applicant, or the applicant's spouse, of a felony conviction or conviction of any of the offenses described in Subsection (a).
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 105(a), eff. December 31, 2020.
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 105(b), eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 807 (H.B. 1540), Sec. 31, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 25 - Wine and Malt Beverage Retailer's Permit › Section 25.09. Possession of Certain Beverages Prohibited

Sec. 25.09.  POSSESSION OF CERTAIN BEVERAGES PROHIBITED.  (a)  Except as provided by this section, a wine and malt beverage retailer's permittee or an officer of the permittee may not possess distilled spirits or liquor containing alcohol in excess of 17 percent by volume on the licensed premises.
(b)  The commission by rule may allow a wine and malt beverage retailer's permittee or the permittee's officer to possess and use alcoholic beverages in excess of 17 percent by volume on the licensed premises for cooking purposes.
Acts 1977, 65th Leg., p. 427, ch. 194, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1999, 76th Leg., ch. 418, Sec. 3, eff. Sept. 1, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 441 (H.B. 2237), Sec. 1, eff. September 1, 2009.
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 106, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 25 - Wine and Malt Beverage Retailer's Permit › Section 25.10. Application of Other Code Provisions

Sec. 25.10.  APPLICATION OF OTHER CODE PROVISIONS.  Sections 61.78, 61.81, 61.82, and 61.84 also apply to a wine and malt beverage retailer's permit.  The restrictions in this code relating to malt beverages as to the application of local restrictions, sales to minors and intoxicated persons, age of employees, and the use of blinds or barriers apply to the sale of alcoholic beverages by a wine and malt beverage retailer's permittee.
Acts 1977, 65th Leg., p. 427, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 107, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 25 - Wine and Malt Beverage Retailer's Permit › Section 25.11. Seating Area Required

Sec. 25.11.  SEATING AREA REQUIRED.  A wine and malt beverage retailer's permittee must have an area designated on the premises for the permittee's customers to sit if they wish to consume beverages sold by the permittee on the premises.
Added by Acts 1983, 68th Leg., p. 2211, ch. 414, Sec. 1, eff. Sept. 1, 1983.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 108, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 25 - Wine and Malt Beverage Retailer's Permit › Section 25.12. Premises in a Food Court

Sec. 25.12.  PREMISES IN A FOOD COURT.  (a)  Notwithstanding any provision of this code to the contrary, the premises of a wine and malt beverage retailer's permittee who leases space in a food court includes the seating area that the permittee shares with the other lessees that occupy the food court.
(b)  For the purposes of this section, "food court" means an area in a shopping mall that includes a seating area and the locations of three or more separate but adjacent business establishments engaged primarily in the sale of food and beverages for consumption in the seating area.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 109, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 25 - Wine and Malt Beverage Retailer's Permit › Section 25.13. Food and Beverage Certificate

Sec. 25.13.  FOOD AND BEVERAGE CERTIFICATE.  (a)  In this section, "location" means the designated physical address of the wine and malt beverage retailer's permit and includes all areas at the address where the permit holder may sell or deliver alcoholic beverages for immediate consumption regardless of whether some of those areas are occupied by other businesses.
(a-1)  A holder of a wine and malt beverage retailer's permit may be issued a food and beverage certificate by the commission if:
(1)  the permit holder is a restaurant; or
(2)  the commission finds that the receipts from the sale of alcoholic beverages by the permit holder at the location are 60 percent or less of the total receipts from the location.
(b)  A food and beverage certificate may not be issued unless the location has permanent food service facilities for the preparation and service of multiple entrees for consumption at the location.
(b-1)  The commission shall adopt rules requiring the holder of a food and beverage certificate to assure that permanent food service facilities for the preparation and service of multiple entrees for consumption at the location are available at the location.  The commission may exempt permittees who are concessionaires in public entertainment venues such as sports stadiums and convention centers from Subsections (a-1) and (b).
(c)  The fee for a food and beverage certificate shall be set at a level sufficient to recover the cost of issuing the certificate and administering this section.
(d)  A certificate issued under this section expires on the expiration of the primary wine and malt beverage retailer's permit.  A certificate may be canceled at any time, and the renewal of a certificate may be denied, if the commission finds that the holder of the certificate is in violation of Subsection (a-1) or (b) or a rule adopted under Subsection (b-1).  On finding that the permittee knowingly operated under a food and beverage certificate while not complying with this section or a rule adopted under Subsection (b-1), the commission may cancel or deny the renewal of the permittee's wine and malt beverage retailer's permit.  The holder of a wine and malt beverage retailer's permit whose certificate has been canceled or who is denied renewal of a certificate under this subsection may not apply for a new certificate until the day after the first anniversary of the date the certificate was canceled or the renewal of the certificate was denied.
(e)  Section 11.11 does not apply to the holder of a food and beverage certificate.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 110, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 305 (S.B. 911), Sec. 2, eff. January 1, 2022.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 25 - Wine and Malt Beverage Retailer's Permit › Section 25.14. Issuance of Permit Authorized for Certain Areas

Sec. 25.14.  ISSUANCE OF PERMIT AUTHORIZED FOR CERTAIN AREAS.  (a)  Notwithstanding any other provision of this code, a permit under this chapter may be issued for a premises in an area in which the voters have approved the following alcoholic beverage ballot issues in a local option election:
(1)  "The legal sale of malt beverages and wine for off-premise consumption only."; and
(2)  either:
(A)  "The legal sale of mixed beverages."; or
(B)  "The legal sale of mixed beverages in restaurants by food and beverage certificate holders only."
(b)  A premises that qualifies for a permit under this chapter because it is located in an area that approved the ballot issue described by Subsection (a)(2)(B) may be issued a permit under this chapter only if the premises is issued a food and beverage certificate.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 111, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 25 - Wine and Malt Beverage Retailer's Permit › Section 25.15. Deliveries and Collections

Sec. 25.15.  DELIVERIES AND COLLECTIONS.  The holder of a wine and beer retailer's permit who is also the holder of a local cartage permit may make deliveries to and collections from ultimate consumers in the same manner as the holder of a package store permit under Section 22.03.
Added by Acts 2019, 86th Leg., R.S., Ch. 434 (S.B. 1232), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 25 - Wine and Malt Beverage Retailer's Permit › Section 25.16. Sales at Temporary Location

Sec. 25.16.  SALES AT TEMPORARY LOCATION.  (a) The holder of a wine and malt beverage retailer's permit may temporarily at a location other than the permit holder's premises sell for consumption on or off the premises where sold, but not for resale, wine and malt beverages containing alcohol in excess of one-half of one percent by volume but not more than 17 percent by volume at a picnic, celebration, or similar event.
(b)  The holder of a wine and malt beverage retailer's permit may temporarily sell wine and malt beverages for not more than four consecutive days at the same location under Subsection (a).
(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 and malt 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 wine and malt beverages under this section;
(3)  detail the circumstances when a permit holder may temporarily sell wine and malt 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 wine and malt beverages under this section;
(4)  establish the length of time a permit holder may sell wine and malt beverages under this section at the same location; and
(5)  require the permit holder to provide any other information the commission determines necessary.
(d)  Repealed by Acts 2023, 88th Leg., R.S., Ch. 16 (S.B. 926), Sec. 5, eff. May 13, 2023.
(e)  Repealed by Acts 2023, 88th Leg., R.S., Ch. 16 (S.B. 926), Sec. 5, eff. May 13, 2023.
(f)  A holder of a wine and malt beverage retailer's permit that 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 must:
(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.
Added by Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 112, eff. September 1, 2021.
Redesignated from Alcoholic Beverage Code, Section 25.15 by Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 21.001(2), eff. September 1, 2021.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 16 (S.B. 926), Sec. 1, eff. May 13, 2023.
Acts 2023, 88th Leg., R.S., Ch. 16 (S.B. 926), Sec. 5, eff. May 13, 2023.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 26 - Wine and Malt Beverage Retailer's Off-Premise Permit › Section 26.01. Authorized Activities

Sec. 26.01.  AUTHORIZED ACTIVITIES.  (a)  The holder of a wine and malt beverage retailer's off-premise permit may sell for off-premises consumption only, in unbroken original containers, but not for resale, wine and malt beverages containing alcohol in excess of one-half of one percent by volume but not more than 17 percent by volume.
(b)  The holder of a wine and malt beverage retailer's off-premise permit may conduct free product samplings of wine and malt beverages containing alcohol in excess of one-half of one percent by volume but not more than 17 percent by volume on the permit holder's premises during regular business hours as provided by Section 26.08.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 114, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 26 - Wine and Malt Beverage Retailer's Off-Premise Permit › Section 26.03. Issuance, Cancellation, and Suspension of Permit

Sec. 26.03.  ISSUANCE, CANCELLATION, AND SUSPENSION OF PERMIT.  (a)  A wine and malt beverage retailer's off-premise permit is issued by the commission.  The qualifications of applicants and the application for and issuance of the permit are governed by the same provisions which apply to the application for and issuance of a retail dealer's off-premise license.
(b)  The provisions of this code applicable to the cancellation and suspension of a retail dealer's off-premise license also apply to the cancellation and suspension of a wine and malt beverage retailer's off-premise permit.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 115(a), eff. December 31, 2020.
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 115(b), eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 26 - Wine and Malt Beverage Retailer's Off-Premise Permit › Section 26.04. Application of Other Code Provisions

Sec. 26.04.  APPLICATION OF OTHER CODE PROVISIONS.  Sections 61.78, 61.81, 61.82, and 61.84 also apply to a wine and malt beverage retailer's off-premise permit.  The restrictions in this code relating to malt beverages as to the application of local restrictions, sales to minors and intoxicated persons, and age of employees apply to the sale of alcoholic beverages by a wine and malt beverage retailer's off-premise permittee.
Acts 1977, 65th Leg., p. 428, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 116, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 26 - Wine and Malt Beverage Retailer's Off-Premise Permit › Section 26.05. Warning Sign Required

Sec. 26.05.  WARNING SIGN REQUIRED.  (a)  Each holder of a wine and malt beverage retailer's off-premise permit shall display in a prominent place on the permittee's premises a sign stating in letters at least two inches high:  IT IS A CRIME (MISDEMEANOR) TO CONSUME LIQUOR OR MALT BEVERAGES ON THESE PREMISES.  The commission or administrator may require the holder of the permit to also display the sign in a language other than English if it can be observed or determined that a substantial portion of the expected customers speak the other language as their familiar language.
(b)  A permittee who fails to comply with this section commits a misdemeanor punishable by a fine of not more than $25.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 117, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 26 - Wine and Malt Beverage Retailer's Off-Premise Permit › Section 26.08. Sampling Event

Sec. 26.08.  SAMPLING EVENT.  (a)  An employee of the holder of a wine and malt beverage retailer's off-premise permit may open, touch, or pour wine or malt beverages, make a presentation, or answer questions at a sampling event.
(b)  For purposes of this code and any other law or ordinance:
(1)  a wine and malt beverage retailer's off-premise permit does not authorize the sale of alcoholic beverages for on-premises consumption; and
(2)  none of the permit holder's income may be considered to be income from the sale of alcoholic beverages for on-premises consumption.
(c)  Any wine or malt beverages used in a sampling event under this section must be purchased from or provided by the retailer on whose premises the sampling event is held.  This section does not authorize the holder of a wine and malt beverage retailer's off-premise permit to withdraw or purchase alcoholic beverages from the holder of a wholesaler's permit or a distributor's license or provide alcoholic beverages for a sampling on a retailer's premises that is not purchased from the retailer.  The amount of alcoholic beverages purchased from the retailer may not exceed the amount of alcoholic beverages used in the sampling event.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 118, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 28 - Mixed Beverage Permit › Section 28.01. Authorized Activities

Sec. 28.01.  AUTHORIZED ACTIVITIES.
(a)  The holder of a mixed beverage permit may sell, offer for sale, and possess mixed beverages, including distilled spirits, for consumption on the licensed premises:
(1)  from sealed containers containing not less than one fluid ounce nor more than two fluid ounces or of any legal size;  and
(2)  from unsealed containers.
(b)  The holder of a mixed beverage permit for an establishment in a hotel may deliver mixed beverages, including wine and malt beverages, to individual rooms of the hotel or to any other location in the hotel building or grounds, except a parking area or the licensed premises of another alcoholic beverage establishment, without regard to whether the place of delivery is part of the licensed premises.  A permittee in a hotel may allow a patron or visitor to enter or leave the licensed premises, even though the patron or visitor possesses an alcoholic beverage, if the beverage is in an open container and appears to be possessed for present consumption.
(c)  The holder of a mixed beverage permit may also:
(1)  purchase wine and malt beverages containing alcohol of not more than 24 percent by volume in containers of any legal size from any permittee or licensee authorized to sell those beverages for resale; and
(2)  sell the wine and malt beverages for consumption on the licensed premises.
Acts 1977, 65th Leg., p. 429, ch. 194, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1977, 65th Leg., p. 1182, ch. 453, Sec. 4, eff. Sept. 1, 1977;  Acts 1979, 66th Leg., p. 111, ch. 70, Sec. 1, eff. Aug. 27, 1979.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 50 (H.B. 2016), Sec. 2, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 119, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 28 - Mixed Beverage Permit › Section 28.03. Information Required of Applicants

Sec. 28.03.  INFORMATION REQUIRED OF APPLICANTS.  In addition to the information required of applicants for permits under this code, the applicant for a mixed beverage permit must file with his original and renewal application a sworn statement in a form prescribed by the commission or administrator containing the following information:
(1)  the name and residential address of the lessor of the premises;
(2)  the name and address of the lessee of the premises;
(3)  the amount of monthly rental on the premises and the date of expiration of the lease;
(4)  whether the lease or rental agreement includes furniture and fixtures;
(5)  whether the business is to be operated under a franchise and, if so, the name and address of the franchisor;
(6)  the name and address of the accountant of the business;
(7)  a list of all bank accounts, including account numbers, used in connection with the business;  and
(8)  any information required by the commission or administrator relevant to the determination of all persons having a financial interest of any kind in the granting of the mixed beverage permit.
Acts 1977, 65th Leg., p. 430, ch. 194, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 28 - Mixed Beverage Permit › Section 28.04. Change in Corporate Control

Sec. 28.04.  CHANGE IN CORPORATE CONTROL.  (a)  A mixed beverage permit held by a corporation may not be renewed if the commission or administrator finds that legal or beneficial ownership of over 50 percent of the stock of the corporation has changed since the time the original permit was issued.
(b)  The commission or administrator may adopt reasonable rules and regulations in accordance with the provisions of this section.
(c)  A corporation which is barred from renewing a permit because of this section may file an application for an original permit and may be issued an original permit if otherwise qualified.
(d)  This section does not apply to a change in corporate control:
(1)  brought about by the death of a shareholder if the shareholder's surviving spouse or descendants are the shareholder's successors in interest; or
(2)  brought about when legal or beneficial ownership of over 50 percent of the stock of the corporation has been transferred:
(A)  to a person who possesses the qualifications required of other applicants for permits and is currently an officer of the corporation and has been an officer of the corporation ever since the date the original permit was issued; or
(B)  if the permittee notifies the commission, on completed forms and attachments prescribed by the commission, of the proposed transfer prior to the date the transfer is to become effective and the commission does not find that circumstances exist that would be grounds for the denial of a renewal of the permit under Section 11.46 and provided the ownership of the corporation immediately after the transfer satisfies the requirements of this code.
(e)  Nothing in this section shall be construed to grant any property right to any permit or construed to prevent the commission from suspending or canceling a permit at any time after notice and hearing for a violation of this code.
Acts 1977, 65th Leg., p. 430, ch. 194, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1987, 70th Leg., ch. 303, Sec. 6, eff. June 11, 1987;  Acts 1989, 71st Leg., 1st C.S., ch. 36, Sec. 3, eff. Oct. 18, 1989;  Acts 1993, 73rd Leg., ch. 934, Sec. 34, eff. Jan. 1, 1994.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 986 (S.B. 1217), Sec. 4, eff. September 1, 2007.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 28 - Mixed Beverage Permit › Section 28.05. Renewal of Permit by Descendant or Surviving Spouse

Sec. 28.05.  RENEWAL OF PERMIT BY DESCENDANT OR SURVIVING SPOUSE.  If the surviving spouse or surviving descendant of a holder of a mixed beverage permit qualifies as the successor in interest to the permit as provided in Section 11.10 of this code, the descendant or surviving spouse may continue to renew the permit by paying a renewal fee equal to the fee the permittee would be required to pay had he lived.
Acts 1977, 65th Leg., p. 431, ch. 194, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 28 - Mixed Beverage Permit › Section 28.06. Possession of Alcoholic Beverage Not Covered by Invoice

Sec. 28.06.  POSSESSION OF ALCOHOLIC BEVERAGE NOT COVERED BY INVOICE.  (a)  Except as provided by Sections 14.07, 28.20, and 37.01(d), no holder of a mixed beverage permit, nor any officer, agent, or employee of a holder, may possess or permit to be possessed on the premises for which the permit is issued any alcoholic beverage which is not covered by an invoice from the supplier from whom the alcoholic beverage was purchased.
(b)  A person who violates Subsection (a) of this section commits a misdemeanor punishable by a fine of not more than $1,000 or by confinement in the county jail for no more than 30 days or by both.
(c)  Except as provided by Sections 14.07, 28.20, and 37.01(d), no holder of a mixed beverage permit, nor any officer, agent, or employee of a holder, may knowingly possess or permit to be possessed on the licensed premises any alcoholic beverage which is not covered by an invoice from the supplier from whom the alcoholic beverage was purchased.
(d)  A person who violates Subsection (c) of this section commits a misdemeanor punishable by a fine of not less than $500 nor more than $1,000 and by confinement in the county jail for not less than 30 days nor more than two years.  The commission or administrator shall cancel the permit of any permittee found by the commission or administrator, after notice and hearing, to have violated or to have been convicted of violating Subsection (c) of this section.
(e)  The commission by rule may allow the holder of a mixed beverage permit or an officer, agent, or employee of the permit holder to possess and use alcoholic beverages that are not covered by an invoice on the permitted premises for cooking purposes.
Acts 1977, 65th Leg., p. 431, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 441 (H.B. 2237), Sec. 2, eff. September 1, 2009.
Acts 2019, 86th Leg., R.S., Ch. 792 (H.B. 1997), Sec. 4, eff. September 1, 2019.
Acts 2023, 88th Leg., R.S., Ch. 16 (S.B. 926), Sec. 2, eff. May 13, 2023.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 28 - Mixed Beverage Permit › Section 28.07. Purchase and Transportation of Alcoholic Beverages

Sec. 28.07.  PURCHASE AND TRANSPORTATION OF ALCOHOLIC BEVERAGES.  (a)  All distilled spirits and vintage distilled spirits sold by a holder of a mixed beverage permit must be purchased from a holder of a local distributor's permit in the county in which the premises of a mixed beverage permittee is located.
(b)  If a holder of a mixed beverage permit is in a county where there are no local distributors, the permit holder may purchase alcoholic beverages in the nearest county where local distributors are located and may transport them to the permit holder's premises.  The transporter may acquire the alcoholic beverages only on the written order of the holder of the mixed beverage permit.  The alcoholic beverages must be accompanied by a written statement furnished and signed by the local distributor showing the name and address of the consignee and consignor, the origin and destination of the shipment, and any other information required by the commission or administrator.  The person in charge of the alcoholic beverages while they are being transported shall exhibit the written statement to any representative of the commission or any peace officer on demand, and the statement shall be accepted by the representative or officer as prima facie evidence of the lawful right to transport the alcoholic beverages.
(c)  If a mixed beverage permittee's premises are located in a regional airport governed by a board, commission, or authority composed of members from two or more counties, and there is no local distributor at the airport, the mixed beverage permittee may purchase alcoholic beverages from any local distributor in a trade area served by the airport and transport the alcoholic beverages to the permit holder's licensed premises.  The transportation of the beverages must be in accordance with Subsection (b).
(d)  The holder of a mixed beverage permit may transfer alcoholic beverages from the place of purchase to the permitted premises as provided in this code.
Acts 1977, 65th Leg., p. 431, ch. 194, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1977, 65th Leg., p. 1182, ch. 453, Sec. 5, eff. Sept. 1, 1977;  Acts 1993, 73rd Leg., ch. 934, Sec. 35, eff. Sept. 1, 1993.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 120, eff. September 1, 2021.
Acts 2023, 88th Leg., R.S., Ch. 91 (S.B. 1322), Sec. 6, eff. September 1, 2023.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 28 - Mixed Beverage Permit › Section 28.08. Refilling Containers Prohibited

Sec. 28.08.  REFILLING CONTAINERS PROHIBITED.  No holder of a mixed beverage permit may refill with any substance a container which contained distilled spirits on which the tax prescribed in Section 201.03 of this code has been paid.
Acts 1977, 65th Leg., p. 432, ch. 194, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 28 - Mixed Beverage Permit › Section 28.081. Substitution of Brand Without Consent of Consumer Prohibited

Sec. 28.081.  SUBSTITUTION OF BRAND WITHOUT CONSENT OF CONSUMER PROHIBITED.  (a)  The holder of a mixed beverage permit or a private club permit, or the agent, servant, or employee of a holder of a mixed beverage permit or private club permit commits an offense if the holder, agent, servant, or employee substitutes one brand of alcoholic beverage for a brand that has been specifically requested by a consumer, unless the consumer is notified and consents to the substitution.
(b)  A holder of a permit who violates Subsection (a) of this section is liable in a civil suit to a consumer for damages resulting from the substitution.  The court shall award the prevailing party in an action under this section attorney's fees and costs of action.
(c)  The commission shall provide written notice of the provisions of this section to an applicant or permittee when issuing an original or renewal mixed beverage permit or private club permit on or after October 1, 1993.
Added by Acts 1993, 73rd Leg., ch. 934, Sec. 36, eff. Sept. 1, 1993.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 28 - Mixed Beverage Permit › Section 28.09. Invalidation of Stamp

Sec. 28.09.  INVALIDATION OF STAMP.  (a)  A holder of a mixed beverage permit or any person employed by the holder who empties a bottle containing distilled spirits on which the tax prescribed in Section 201.03 of this code has been paid, shall immediately after emptying the bottle invalidate the identification stamp on the bottle in the manner prescribed by rule or regulation of the commission or administrator.
(b)  Each holder of a mixed beverage permit shall provide at all service counters where distilled spirits are poured from bottles the necessary facilities for the invalidation of identification stamps on bottles so that persons emptying distilled spirits bottles may immediately invalidate the identification stamps on them.
(c)  If an empty distilled spirits bottle has locked on it an automatic measuring and dispensing device of a type approved by the commission or administrator, which prevents the refilling of the bottle without unlocking the device and removing it from the bottle, the identification stamp is not required to be invalidated until immediately after the device has been unlocked and removed from the bottle.
(d)  A holder of a mixed beverage permit or any of his officers, agents, or employees who is found in possession of an empty distilled spirits bottle which contained distilled spirits on which the tax prescribed in Section 201.03 of this code has been paid and on which the identification stamp has not been invalidated in accordance with this section commits a separate offense for each bottle so possessed.
Acts 1977, 65th Leg., p. 432, ch. 194, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 28 - Mixed Beverage Permit › Section 28.10. Consumption Restricted to Premises; Exceptions

Sec. 28.10.  CONSUMPTION RESTRICTED TO PREMISES;  EXCEPTIONS.  (a)  Except as provided by this section or Sections 28.01(b), 28.1001, and 28.20, a mixed beverage permittee may not sell an alcoholic beverage to another mixed beverage permittee or to any other person except for consumption on the seller's licensed premises.
(b)  A mixed beverage permittee may not permit any person to take any alcoholic beverage purchased on the licensed premises from the premises where sold, except that:
(1)  a person who orders wine with food may remove the container of wine from the premises whether the container is opened or unopened;
(2)  a mixed beverage permittee who also holds a brewpub license may sell or offer without charge on the premises of the brewpub, to an ultimate consumer for consumption on or off the premises, malt beverages produced by the permittee, in or from a lawful container in an amount that does not exceed one-half barrel, provided that the aggregate amount of malt beverages removed from the premises under this subdivision does not exceed 1,000 barrels annually; and
(3)  a person who purchases wine or malt beverages from a holder of a mixed beverage permit selling the beverages under Section 28.20 may remove the beverages from the premises.
(c)  A mixed beverage permit holder who holds a food and beverage certificate may designate as part of the permit holder's premises a secured noncontiguous area located on a public sidewalk adjoining the premises if the designation is authorized by city ordinance.  The ordinance may specify and limit the areas of the municipality in which this subsection is applicable.  Alcoholic beverages may be delivered by an employee of the permit holder to patrons for consumption in the designated sidewalk area.
Acts 1977, 65th Leg., p. 432, ch. 194, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 2001, 77th Leg., ch. 1274, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 409 (S.B. 952), Sec. 1, eff. June 15, 2007.
Acts 2019, 86th Leg., R.S., Ch. 441 (S.B. 1450), Sec. 1, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 121, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 23 (H.B. 1755), Sec. 1, eff. September 1, 2021.
Acts 2023, 88th Leg., R.S., Ch. 16 (S.B. 926), Sec. 3, eff. May 13, 2023.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 28 - Mixed Beverage Permit › Section 28.101. Public Consumption

Sec. 28.101.  PUBLIC CONSUMPTION.  (a)  This section applies only to a mixed beverage permit holder whose premises are located in a municipality that:
(1)  has a population of less than 15,000;
(2)  is located in a county with a population of less than 65,000; and
(3)  contains a historic preservation district that borders a lake.
(b)  Notwithstanding Section 28.10 or any other law, the holder of a mixed beverage permit whose permitted premises are located on property owned by a municipality that contains a municipally owned conference center and that borders a lake may permit a patron to leave the permitted premises, even though the patron possesses an alcoholic beverage, if:
(1)  the beverage is in an open container and appears to be possessed for present consumption; and
(2)  the public consumption of alcoholic beverages or possession of an open container of an alcoholic beverage is not prohibited on the municipally owned property where the permitted premises are located.
(c)  This section does not affect the prohibition against possessing an open container in a passenger area of a motor vehicle under Section 49.031, Penal Code.
Added by Acts 2009, 81st Leg., R.S., Ch. 1045 (H.B. 4498), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 28 - Mixed Beverage Permit › Section 28.11. Breach of Peace

Sec. 28.11.  BREACH OF PEACE.  The commission or administrator may suspend or cancel a mixed beverage 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. 432, ch. 194, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 28 - Mixed Beverage Permit › Section 28.12. Sale of Malt Beverages to Permittee

Sec. 28.12.  SALE OF MALT BEVERAGES TO PERMITTEE.  The sale of malt beverages to a mixed beverage permittee by a local distributor's permittee or by a licensee authorized to sell them for resale is subject to the provisions of Section 61.73 of this code.
Acts 1977, 65th Leg., p. 433, ch. 194, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 28 - Mixed Beverage Permit › Section 28.135. Designation of Licensed Premises for Permits Covering Certain County-Owned Facilities

Sec. 28.135.  DESIGNATION OF LICENSED PREMISES FOR PERMITS COVERING CERTAIN COUNTY-OWNED FACILITIES.  (a)  This section applies only to a facility that is:
(1)  partially located in a municipality that:
(A)  has a population of less than 40,000; and
(B)  is located in a county with a population less than 70,000; and
(2)  a county-owned civic center that consists of adjacent buildings not all of which are located in the municipality described by Subdivision (1).
(b)  Notwithstanding any other law, all buildings comprising a facility described by Subsection (a) may be designated as and considered the licensed premises for purposes of a mixed beverage permit covering the facility.
Added by Acts 2015, 84th Leg., R.S., Ch. 151 (H.B. 601), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 28 - Mixed Beverage Permit › Section 28.14. Merger or Consolidation of Corporations Holding Mixed Beverage Permits

Sec. 28.14.  MERGER OR CONSOLIDATION OF CORPORATIONS HOLDING MIXED BEVERAGE PERMITS.  When two or more corporations which have substantially similar ownership and which hold mixed beverage permits issued by the commission merge or consolidate and pay to the commission a $100 fee for each licensed premises, the surviving corporation shall succeed to all the privileges of such corporations in the permits held by such corporations provided the surviving corporation is qualified to hold such permits under this code.  For purposes of this section, two corporations have substantially similar ownership if 90 percent or more of both corporations is owned by the same persons.
Added by Acts 1989, 71st Leg., 1st C.S., ch. 36, Sec. 4, eff. Oct. 18, 1989.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 28 - Mixed Beverage Permit › Section 28.15. Stamps

Sec. 28.15.  STAMPS.  (a)  Except as provided by Sections 14.07 and 37.01(d), a mixed beverage 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. 37, eff. Jan. 1, 1994.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 792 (H.B. 1997), Sec. 5, eff. September 1, 2019.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 28 - Mixed Beverage Permit › Section 28.151. Possession of Certain Stamps

Sec. 28.151.  POSSESSION OF CERTAIN STAMPS.  A mixed beverage 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. 1, eff. September 1, 2013.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 28 - Mixed Beverage Permit › Section 28.16. Permit Ineligibility

Sec. 28.16.  PERMIT INELIGIBILITY.  A mixed beverage 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. 37, eff. Jan. 1, 1994.