reglab/statecodes huggingface dataset:
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 55 - Manufacturer's Agent's Warehousing Permit › Section 55.03. Eligibility for Permit

Sec. 55.03.  ELIGIBILITY FOR PERMIT.  A manufacturer's agent's warehousing permit may be issued to an entity:
(1)  that receives malt beverages from another entity, or that other entity's immediate successor in interest, that:
(A)  is located and chartered in the United Mexican States;
(B)  has held, for the two years preceding the date of the application:
(i)  a nonresident manufacturer's license, nonresident brewer's permit, and a nonresident seller's permit;
(ii)  a nonresident brewer's license and a nonresident seller's permit; or
(iii)  a combination of Subparagraph (i) and Subparagraph (ii); and
(C)  during each of those two years has shipped or caused to be shipped into this state for ultimate sale to qualified distributors and wholesalers in this state at least one-half million barrels of malt beverages of the various brands manufactured or brewed by the entity; and
(2)  whose employees, located in this state or elsewhere, perform the activities authorized under Chapters 36 and 73 on behalf of the entity.
Added by Acts 2007, 80th Leg., R.S., Ch. 247 (H.B. 2727), Sec. 1, eff. September 1, 2007.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 129 (S.B. 350), Sec. 1, eff. September 1, 2013.
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 158, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 55 - Manufacturer's Agent's Warehousing Permit › Section 55.04. Location of Premises

Sec. 55.04.  LOCATION OF PREMISES.  The premises of a permit holder under this chapter must be located in an area that is wet for the sale of malt beverages.
Added by Acts 2007, 80th Leg., R.S., Ch. 247 (H.B. 2727), Sec. 1, eff. September 1, 2007.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 159, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 55 - Manufacturer's Agent's Warehousing Permit › Section 55.05. Reporting Requirements

Sec. 55.05.  REPORTING REQUIREMENTS.  The commission shall require monthly reports from a permit holder under this chapter showing the brands, types, sizes of containers, and quantities of malt beverages received at and shipped from the premises to persons authorized to receive them.  The reports must conform in all respects to the requirements and forms prescribed by the commission and contain any other information required by the commission.
Added by Acts 2007, 80th Leg., R.S., Ch. 247 (H.B. 2727), Sec. 1, eff. September 1, 2007.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 160, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 56 - Water Park Permit › Section 56.01. Authorized Activities

Sec. 56.01.  AUTHORIZED ACTIVITIES.  Notwithstanding any other provision of this code, the holder of two or more water park permits may deliver alcoholic beverages from any premises for which one of those permits has been issued to any other premises for which one of those permits has been issued.
Added by Acts 2017, 85th Leg., R.S., Ch. 32 (S.B. 1176), Sec. 1, eff. May 18, 2017.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 56 - Water Park Permit › Section 56.02. Qualifications for Permit; Eligible Premises

Sec. 56.02.  QUALIFICATIONS FOR PERMIT; ELIGIBLE PREMISES.  (a)  A water park permit may be issued only to a person who:
(1)  holds a wine and malt beverage retailer's permit under Chapter 25; and
(2)  operates a public venue that:
(A)  involves waterslides, food service, music, and amusement activities; and
(B)  is located primarily along the banks of the Comal River.
(b)  A person described by Subsection (a) may be issued water park permits for not more than five premises:
(1)  for which wine and malt beverage retailer's permits have been issued under Chapter 25; and
(2)  that are located:
(A)  in the public venue described in Subsection (a)(2); or
(B)  not more than one mile from the boundary of that venue.
Added by Acts 2017, 85th Leg., R.S., Ch. 32 (S.B. 1176), Sec. 1, eff. May 18, 2017.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 161, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 56 - Water Park Permit › Section 56.04. Applicability of Other Law

Sec. 56.04.  APPLICABILITY OF OTHER LAW.  Except as otherwise provided in this chapter, the provisions of this code applicable to a wine and malt beverage retailer's permit apply to a water park permit.
Added by Acts 2017, 85th Leg., R.S., Ch. 32 (S.B. 1176), Sec. 1, eff. May 18, 2017.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 162, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 57 - Consumer Delivery Permit › Section 57.01. Authorized Activities

Sec. 57.01.  AUTHORIZED ACTIVITIES.  (a)  The holder of a consumer delivery permit may contract with or employ a driver for the delivery of an alcoholic beverage from the premises of the holder of a retailer's permit described by Subsection (b) to an ultimate consumer located in an area where the sale of the beverage is legal.
(b)  An alcoholic beverage may be delivered under this section only if the alcoholic beverage is sold or served to the ultimate consumer by the holder of a:
(1)  package store permit;
(2)  wine only package store permit;
(3)  wine and beer retailer's permit;
(4)  wine and beer retailer's off-premise permit;
(5)  retail dealer's on-premise license;
(6)  retail dealer's off-premise license;
(7)  mixed beverage permit authorized to deliver alcoholic beverages under Section 28.1001; or
(8)  private club permit authorized to deliver alcoholic beverages under Section 32.155.
Added by Acts 2019, 86th Leg., R.S., Ch. 441 (S.B. 1450), Sec. 3, eff. September 1, 2019.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 6 (H.B. 1024), Sec. 7, eff. May 12, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 57 - Consumer Delivery Permit › Section 57.02. Determination of Delivery Area

Sec. 57.02.  DETERMINATION OF DELIVERY AREA.  (a)  In determining whether the sale of an alcoholic beverage is legal in an area for purposes of Section 57.01, a person who sells or delivers an alcoholic beverage under that section may consult a map or other publicly available information produced by the commission for the purpose of establishing where the sale of alcoholic beverages is legal.
(b)  The holder of a consumer delivery permit may make deliveries of alcoholic beverages:
(1)  only in response to bona fide orders placed by the consumer under Section 57.01; and
(2)  only in areas where the sale of the beverages is legal in:
(A)  the county in which the premises of the retailer making the sale is located;
(B)  the city or town in which the premises of the retailer making the sale is located, if the retailer is located in a city or town; or
(C)  an area not further than two miles beyond the municipal boundary of the city or town in which the premises of the retailer is located, if applicable.
(c)  It is a defense to a prosecution alleging that an individual delivered an alcoholic beverage under this chapter to an address located in an area that is dry for the type of beverage delivered that:
(1)  the individual or the holder of a consumer delivery permit relied on publicly available information produced by the commission relating to the wet or dry classification of the address; and
(2)  the information indicated that the address to which the beverage was delivered was classified as wet for the type of beverage delivered on the date of the delivery.
Added by Acts 2019, 86th Leg., R.S., Ch. 441 (S.B. 1450), Sec. 3, eff. September 1, 2019.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 57 - Consumer Delivery Permit › Section 57.03. Fee

Sec. 57.03.  FEE.  The commission by rule shall establish the annual state fee for a consumer delivery permit.
Added by Acts 2019, 86th Leg., R.S., Ch. 441 (S.B. 1450), Sec. 3, eff. September 1, 2019.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 57 - Consumer Delivery Permit › Section 57.04. Eligibility for Permit

Sec. 57.04.  ELIGIBILITY FOR PERMIT.  A consumer delivery permit may be issued to:
(1)  a person who contracts with or employs individuals for the delivery of retail goods to consumers, other than the holder of a permit or license in the manufacturing or wholesale tier of the alcoholic beverage industry; or
(2)  the holder of a permit or license described by Section 57.01(b).
Added by Acts 2019, 86th Leg., R.S., Ch. 441 (S.B. 1450), Sec. 3, eff. September 1, 2019.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 57 - Consumer Delivery Permit › Section 57.05. Delivery Driver Requirements

Sec. 57.05.  DELIVERY DRIVER REQUIREMENTS.  A consumer delivery permit holder under this chapter may not contract with or employ a person to make a delivery under this chapter unless the person:
(1)  is 21 years of age or older; and
(2)  holds a valid driver's license.
Added by Acts 2019, 86th Leg., R.S., Ch. 441 (S.B. 1450), Sec. 3, eff. September 1, 2019.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 57 - Consumer Delivery Permit › Section 57.06. Delivery of Alcoholic Beverages to Consumer

Sec. 57.06.  DELIVERY OF ALCOHOLIC BEVERAGES TO CONSUMER.  (a)  An alcoholic beverage may be delivered under this chapter only to a person who is 21 years of age or older after the person accepting the delivery presents valid proof of identity and age.
(b)  An alcoholic beverage may not be delivered under this chapter to any person other than:
(1)  the person who purchased the beverage;
(2)  a recipient designated in advance by the purchaser; or
(3)  a person at the delivery address who is 21 years of age or older.
(c)  An alcoholic beverage may be delivered under this chapter outside the hours of operation of the retailer from which the delivery is being made only if the delivery driver:
(1)  receives the beverage from the retailer during the retailer's hours of legal sale; and
(2)  completes the delivery to the consumer in a reasonable amount of time after leaving the retailer's premises.
Added by Acts 2019, 86th Leg., R.S., Ch. 441 (S.B. 1450), Sec. 3, eff. September 1, 2019.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 57 - Consumer Delivery Permit › Section 57.07. Retailer Responsibility

Sec. 57.07.  RETAILER RESPONSIBILITY.  (a)  A retailer's responsibilities under this code regarding delivery of an alcoholic beverage to an ultimate consumer are considered satisfied at the time the retailer transfers possession of an alcoholic beverage to the consumer delivery permittee or a delivery driver employed by, contracted with, or acting on behalf of the holder of a consumer delivery permit.
(b)  An action by a consumer delivery permittee or by a delivery driver is not attributable to the retailer with regard to:
(1)  providing, selling, or serving alcohol to a minor or to an intoxicated individual;
(2)  the delivery of alcohol in a dry or otherwise illegal area, unless the retailer has contractually agreed to retain responsibility for ensuring that deliveries are not directed to a dry or otherwise illegal area; or
(3)  any other provision of this code.
(c)  A retailer:
(1)  is not required to verify that the consumer delivery permittee or the delivery driver has received delivery driver training under Section 57.09(a)(1); and
(2)  may not be held responsible for any reason under statutory or common law for the actions of a consumer delivery permittee or a delivery driver acting on behalf of a consumer delivery permittee.
Added by Acts 2019, 86th Leg., R.S., Ch. 441 (S.B. 1450), Sec. 3, eff. September 1, 2019.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 57 - Consumer Delivery Permit › Section 57.08. Responsibility of Holder of Consumer Delivery Permit

Sec. 57.08.  RESPONSIBILITY OF HOLDER OF CONSUMER DELIVERY PERMIT.  (a)  The actions of a delivery driver acting on behalf of a holder of a consumer delivery permit are not attributable to a holder of a consumer delivery permit if the permit holder has not directly or indirectly encouraged the delivery driver to violate the law and the delivery driver:
(1)  has a valid certification from the training program adopted under Section 57.09(a)(1); or
(2)  completed the delivery using an alcohol delivery compliance software application that meets the requirements established under Section 57.09(a)(2).
(b)  Notwithstanding Subsection (a), if it is found, after notice and hearing, that the permittee, an agent or employee of the permittee, or a person acting on behalf of the permittee delivered with criminal negligence an alcoholic beverage to a minor or an intoxicated person, the commission or administrator may:
(1)  suspend the permit for not more than 90 days for the first violation;
(2)  suspend the permit for not more than six months for the second violation; and
(3)  suspend the permit for not more than 12 months for a third violation within a period of 36 consecutive months.
(c)  It is a rebuttable presumption that a sale or delivery of an alcoholic beverage to a minor or an intoxicated person was not made with criminal negligence if the delivery driver:
(1)  at the time of the delivery held a valid certification from the training program adopted under Section 57.09(a)(1); and
(2)  completed the delivery as a result of a technical malfunction of an alcohol delivery compliance software application that otherwise meets the requirements established under Section 57.09(a)(2).
Added by Acts 2019, 86th Leg., R.S., Ch. 441 (S.B. 1450), Sec. 3, eff. September 1, 2019.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 57 - Consumer Delivery Permit › Section 57.09. Delivery Training Program and Verification Systems

Sec. 57.09.  DELIVERY TRAINING PROGRAM AND VERIFICATION SYSTEMS.  (a)  The commission by rule shall:
(1)  adopt and administer an alcohol delivery training program for the purpose of training and certifying delivery drivers contracting with or employed by the holder of a permit under Section 28.1001 or this chapter; and
(2)  establish minimum requirements for alcohol delivery compliance software applications.
(b)  The commission shall implement a system that allows the holder of a retail permit or a consumer delivery permit to verify in real time whether a delivery driver has a valid certification from the training program adopted under Subsection (a)(1).
Added by Acts 2019, 86th Leg., R.S., Ch. 441 (S.B. 1450), Sec. 3, eff. September 1, 2019.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 58 - Nonresident Brewer's Agent › Section 58.001. Authorized Activities

Sec. 58.001.  AUTHORIZED ACTIVITIES.  A nonresident brewer's agent may:
(1)  represent one or more nonresident brewers; and
(2)  on behalf of a nonresident brewer whom the agent represents:
(A)  perform any activity the nonresident brewer whom the agent represents could perform in this state; and
(B)  apply for a permit, license, or other authorization required by the commission.
Added by Acts 2019, 86th Leg., R.S., Ch. 1161 (H.B. 3222), Sec. 2(b), eff. September 1, 2021.
Redesignated by Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 21.001(3), eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 58 - Nonresident Brewer's Agent › Section 58.002. Restriction as to Representation

Sec. 58.002.  RESTRICTION AS TO REPRESENTATION.  (a)  A nonresident brewer's agent may not represent a nonresident brewer unless the agent is the primary American source of supply for a product produced by the nonresident brewer.
(b)  In this section, "primary American source of supply" means the nonresident brewer or the exclusive agent of the nonresident brewer.  To be the "primary American source of supply" the nonresident brewer's agent must be the first source, that is, the brewer or the source closest to the brewer, in the channel of commerce from whom the product can be secured by Texas distributors.
Added by Acts 2019, 86th Leg., R.S., Ch. 1161 (H.B. 3222), Sec. 2(b), eff. September 1, 2021.
Redesignated by Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 21.001(3), eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 58 - Nonresident Brewer's Agent › Section 58.003. Authorization by Nonresident Brewer Required

Sec. 58.003.  AUTHORIZATION BY NONRESIDENT BREWER REQUIRED.  A nonresident brewer's agent must be authorized to act as the agent of a nonresident brewer the person proposes to represent.
Added by Acts 2019, 86th Leg., R.S., Ch. 1161 (H.B. 3222), Sec. 2(b), eff. September 1, 2021.
Redesignated by Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 21.001(3), eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 58 - Nonresident Brewer's Agent › Section 58.004. Territorial Agreement Not Affected

Sec. 58.004.  TERRITORIAL AGREEMENT NOT AFFECTED.  Nothing in this chapter affects a territorial agreement entered into under Subchapter C, Chapter 102.
Added by Acts 2019, 86th Leg., R.S., Ch. 1161 (H.B. 3222), Sec. 2(b), eff. September 1, 2021.
Redesignated by Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 21.001(3), eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 58 - Nonresident Brewer's Agent › Section 58.005. Responsibility for Agent's Actions

Sec. 58.005.  RESPONSIBILITY FOR AGENT'S ACTIONS.  A nonresident brewer is responsible for any action taken by a nonresident brewer's agent in the course of the agent's representation of the nonresident brewer under this chapter to the same extent and in the same manner as if the action had been taken by the nonresident brewer.
Added by Acts 2019, 86th Leg., R.S., Ch. 1161 (H.B. 3222), Sec. 2(b), eff. September 1, 2021.
Redesignated by Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 21.001(3), eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle B - Licenses › Chapter 61 - Provisions Generally Applicable to Licenses › Subchapter A. General Provisions › Section 61.01. License Required

Sec. 61.01.  LICENSE REQUIRED.  A person may not brew malt beverages for the purpose of sale, import malt beverages into this state, distribute or sell malt beverages, or possess malt beverages for the purpose of sale without having first obtained an appropriate license or permit as provided in this code.  Each licensee shall display the license at all times in a conspicuous place at the licensed place of business.
Acts 1977, 65th Leg., p. 460, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 163, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle B - Licenses › Chapter 61 - Provisions Generally Applicable to Licenses › Subchapter A. General Provisions › Section 61.02. Nature of License; Succession on Death, Bankruptcy, Etc

Sec. 61.02.  NATURE OF LICENSE;  SUCCESSION ON DEATH, BANKRUPTCY, ETC.  (a)  A license issued under this code is a purely personal privilege and is subject to revocation as provided in this code.  It is not property, is not subject to execution, does not pass by descent or distribution, and ceases on the death of the holder.
(b)  On the death of the licensee or of a person having an interest in the license, or on bankruptcy, receivership, or partnership dissolution, the receiver or successor in interest may apply to the county judge of the county where the licensed premises are located for certification that he is the receiver or successor in interest.  On certification, unless good cause for refusal is shown, the commission or administrator shall grant permission, by letter or otherwise, for the receiver or successor in interest to operate the business during the unexpired portion of the license.  The license may not be renewed, but the receiver or successor in interest may apply for an original license.  A receiver or successor in interest operating for the unexpired portion of the license is subject to the provisions of this code relating to the suspension or cancellation of a license.
Acts 1977, 65th Leg., p. 460, ch. 194, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle B - Licenses › Chapter 61 - Provisions Generally Applicable to Licenses › Subchapter A. General Provisions › Section 61.03. Expiration or Suspension of License

Sec. 61.03.   EXPIRATION OR SUSPENSION OF LICENSE.  (a)  Except as provided by Subsections (d) and (e) or another provision of this code, any license except a branch license expires on the second anniversary of the date on which it is issued.
(b)  A secondary license or certificate which requires the holder of the license or certificate to first obtain another license, including a retailer late hours certificate, expires on the same date the basic or primary license expires.  The commission may not prorate or refund any part of the fee for the secondary license or certificate if the application of this section results in the expiration of the license in less than two years.
(c)  An action by the commission resulting in the suspension of a basic or primary license also acts to suspend any secondary license held by the holder of the basic or primary license.
(d)  The commission by rule may require that the expiration date for an individual license holder's license is the first anniversary of the date on which the license is issued due to the license holder's violation history.
(e)  The commission may issue a license with an expiration date less than two years after the date the license is issued in order to maintain a reasonable annual distribution of renewal application review work and license fees.  If the commission issues a license with an expiration date less than two years after the date the license is issued, the commission shall prorate the license fee on a monthly basis so that the license holder pays only that portion of the license fee that is allocable to the number of months during which the license is valid.
Acts 1977, 65th Leg., p. 461, ch. 194, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1999, 76th Leg., ch. 517, Sec. 3, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 986 (S.B. 1217), Sec. 5, eff. September 1, 2007.
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 164, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle B - Licenses › Chapter 61 - Provisions Generally Applicable to Licenses › Subchapter A. General Provisions › Section 61.031. Notification of Expired or Suspended License

Sec. 61.031.  NOTIFICATION OF EXPIRED OR SUSPENDED LICENSE.  (a)  The commission shall verify that the holder of an expired or suspended retail license is not operating in violation of this code.  The verification, including any inspection of the premises by commission personnel, must occur within a reasonable time after the date the license expires or is suspended.
(b)  The commission shall promptly notify each wholesaler, as that term is ordinarily used and understood in Section 102.01, who regularly supplies retailers in the geographic area that the holder's retail license has expired or has been suspended.
Added by Acts 1999, 76th Leg., ch. 517, Sec. 4, eff. Sept. 1, 1999.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle B - Licenses › Chapter 61 - Provisions Generally Applicable to Licenses › Subchapter A. General Provisions › Section 61.04. License Not Assignable

Sec. 61.04.  LICENSE NOT ASSIGNABLE.  No holder of a license may assign his license to another person.
Acts 1977, 65th Leg., p. 461, ch. 194, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle B - Licenses › Chapter 61 - Provisions Generally Applicable to Licenses › Subchapter A. General Provisions › Section 61.05. Name of Business

Sec. 61.05.  NAME OF BUSINESS.  A person may not conduct a business engaged in the brewing, distribution, importation, or sale of malt beverages as owner or part owner except under the name to which the license covering the person's place of business is issued.
Acts 1977, 65th Leg., p. 461, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 165, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle B - Licenses › Chapter 61 - Provisions Generally Applicable to Licenses › Subchapter A. General Provisions › Section 61.06. Privileges Limited to Licensed Premises; Deliveries

Sec. 61.06.  PRIVILEGES LIMITED TO LICENSED PREMISES; DELIVERIES.  A person licensed to sell malt beverages, other than a brewer or distributor, may not use or display a license or exercise a privilege granted by the license except at the licensed premises.  Deliveries of malt beverages and collections may be made off the licensed premises in areas where the sale of malt beverages is legal inside the county where the license is issued, but only in response to orders placed by the customer in person at the licensed premises or by mail or telephone to the licensed premises.
Acts 1977, 65th Leg., p. 461, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 166, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle B - Licenses › Chapter 61 - Provisions Generally Applicable to Licenses › Subchapter A. General Provisions › Section 61.07. Agent for Service

Sec. 61.07.  AGENT FOR SERVICE.  Each brewer, distributor, or person shipping or delivering malt beverages into this state shall file a certificate with the secretary of state designating the name, street address, and business of  the person's agent on whom process may be served.  If a certificate is not filed, service may be had on the secretary of state in any cause of action arising out of a violation of this code, and the secretary of state shall send any citation served on the secretary by registered mail, return receipt requested, to the person for whom the citation is intended.  The receipt is prima facie evidence of service on the person.
Acts 1977, 65th Leg., p. 461, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 167, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle B - Licenses › Chapter 61 - Provisions Generally Applicable to Licenses › Subchapter A. General Provisions › Section 61.08. Statement of Stock Ownership

Sec. 61.08.  STATEMENT OF STOCK OWNERSHIP.  The commission at any time may require an officer of a corporation holding a license to file a sworn statement showing the actual owners of the stock of the corporation, the amount of stock owned by each, the officers of the corporation, and any information concerning the qualifications of the officers or stockholders.
Acts 1977, 65th Leg., p. 461, ch. 194, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle B - Licenses › Chapter 61 - Provisions Generally Applicable to Licenses › Subchapter A. General Provisions › Section 61.09. Change of Location

Sec. 61.09.  CHANGE OF LOCATION.  If a licensee desires to change the licensee's place of business, the licensee may do so by applying to the commission on a form prescribed by the commission and obtaining the commission's consent.  The application may be subject to protest and hearing in the same way as an application for an original license.  No additional license fee for the unexpired term of the license shall be required in the case of an application for a change of location.
Acts 1977, 65th Leg., p. 462, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 763 (S.B. 1035), Sec. 1, eff. September 1, 2013.
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 168, eff. December 31, 2020.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle B - Licenses › Chapter 61 - Provisions Generally Applicable to Licenses › Subchapter A. General Provisions › Section 61.10. Replacement of License

Sec. 61.10.  REPLACEMENT OF LICENSE.  If a license is mutilated or destroyed, the commission or administrator may issue another license as a replacement in a manner acceptable to the commission or administrator.
Acts 1977, 65th Leg., p. 462, ch. 194, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle B - Licenses › Chapter 61 - Provisions Generally Applicable to Licenses › Subchapter A. General Provisions › Section 61.111. Health Risks Warning Sign

Sec. 61.111.  HEALTH RISKS WARNING SIGN.  (a)  The commission by rule shall require the holder of a license authorizing the sale of malt beverages for on-premises consumption to display a warning sign on the door to each restroom on the licensed premises that informs the public of the risks of drinking alcohol during pregnancy.
(b)  The commission's rules shall specify the language of the warning and the size and graphic design of the sign, including font size and type.
Added by Acts 2007, 80th Leg., R.S., Ch. 68 (S.B. 904), Sec. 18, eff. September 1, 2007.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 169, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle B - Licenses › Chapter 61 - Provisions Generally Applicable to Licenses › Subchapter A. General Provisions › Section 61.12. Restriction on Consumption

Sec. 61.12.  RESTRICTION ON CONSUMPTION.  A licensee other than a holder of a license authorizing on-premises consumption of malt beverages may not permit malt beverages to be consumed on the premises where they are sold.
Acts 1977, 65th Leg., p. 462, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 170, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle B - Licenses › Chapter 61 - Provisions Generally Applicable to Licenses › Subchapter A. General Provisions › Section 61.13. Conduct Surety Bond

Sec. 61.13.  CONDUCT SURETY BOND.  (a)  Except as provided in Subsection (e) of this section, an applicant for a license or a holder of a license issued under Chapter 69 of this code shall file with the commission a surety bond in the amount of $5,000 or $10,000 if the applicant for a license or holder of a license has a business located within 1,000 feet of the property line of a public school, conditioned on the applicant's or holder's conformance with alcoholic beverage law.
(b)  A surety bond required under this section shall contain the following statements on the face of the bond:
(1)  that the holder of the license will not violate a law of the state relating to alcoholic beverages or a rule of the commission;  and
(2)  that the holder of the license agrees that the amount of the bond shall be paid to the state if the license is revoked or on final adjudication that the holder violated a provision of this code, regardless of whether the actions of an employee of a holder are not attributable to the holder under Section 106.14.
(c)  The commission shall adopt rules relating to the:
(1)  form of a surety bond;
(2)  qualifications for a surety;
(3)  method for filing and obtaining approval of the bond by the commission;  and
(4)  release or discharge of the bond.
(d)  A holder of a license required to file a surety bond may furnish instead of all or part of the required bond amount:
(1)  one or more certificates of deposit assigned to the state issued by a federally insured bank or savings institution authorized to do business in this state;  or
(2)  one or more letters of credit issued by a federally insured bank or savings institution authorized to do business in this state.
(e)  A holder of a license issued under this code who has held a permit for three years or more before the date the holder applied for renewal of the license is not required to furnish a surety bond if the holder:
(1)  has not had a license or permit issued under this code revoked in the five years before the date the holder applied for renewal of the license;
(2)  is not the subject of a pending permit or license revocation proceeding;  and
(3)  has continuously operated on the licensed premises for three years or more before the date the holder applied for renewal of the license.
(f)  If a holder of a license is exempt from furnishing a conduct surety bond under Subsection (e) of this section, the holder shall be exempt from furnishing the bond at another location where the holder applies for or holds a license.
(g)  Repealed by Acts 1995, 74th Leg., ch. 607, Sec. 3, eff. Sept. 1, 1995.
Added by Acts 1993, 73rd Leg., ch. 934, Sec. 48, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 607, Sec. 2, 3, eff. Sept. 1, 1995.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle B - Licenses › Chapter 61 - Provisions Generally Applicable to Licenses › Subchapter A. General Provisions › Section 61.14. Altering Form of Business Entity

Sec. 61.14.  ALTERING FORM OF BUSINESS ENTITY.  (a)  The holder of a license issued under this chapter, including a food and beverage certificate, may alter the form of the business entity that holds the license if the ownership of the newly created business entity is identical to the ownership of the former business entity.
(b)  Before the 10th day preceding the date the holder of the license converts to a different form of business, the holder of the license shall:
(1)  file notice with the commission on a form prescribed by the commission of the change in the form of the business entity;  and
(2)  pay a $100 fee for each licensed premises affected by the change in form of the business entity.
(c)  After satisfying the requirements of Subsection (b) and establishing the newly created business entity, that entity may use the license and exercise any privileges granted by the license.
Added by Acts 1997, 75th Leg., ch. 961, Sec. 2, eff. Sept. 1, 1997.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle B - Licenses › Chapter 61 - Provisions Generally Applicable to Licenses › Subchapter A. General Provisions › Section 61.15. Certain Applications Prohibited

Sec. 61.15.  CERTAIN APPLICATIONS PROHIBITED.  Section 11.13 applies to an application for a license under this subtitle.
Added by Acts 2005, 79th Leg., Ch. 452 (S.B. 1850), Sec. 5, eff. September 1, 2005.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle B - Licenses › Chapter 61 - Provisions Generally Applicable to Licenses › Subchapter A. General Provisions › Section 61.16. Unauthorized Use of License

Sec. 61.16.  UNAUTHORIZED USE OF LICENSE.  A licensee may not consent to or allow the use or display of the licensee's license by a person other than the person to whom the license was issued.
Added by Acts 2015, 84th Leg., R.S., Ch. 424 (S.B. 367), Sec. 4, eff. September 1, 2015.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle B - Licenses › Chapter 61 - Provisions Generally Applicable to Licenses › Subchapter B. Application and Issuance of Licenses › Section 61.31. Application for License

Sec. 61.31.  APPLICATION FOR LICENSE.  (a)  A person may file an application for a license to manufacture, distribute, store, or sell malt beverages with the commission on forms prescribed by the commission.
(b)  On receipt of an application for a license under this code, the commission shall follow the procedure under Section 11.43.
(c)  Each applicant for an original license shall pay the license fee authorized by commission rule.
(d)  A person may not sell malt beverages during the pendency of the person's original license application.  An official may not advise a person to the contrary.
Acts 1977, 65th Leg., p. 462, ch. 194, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1997, 75th Leg., ch. 1347, Sec. 2, eff. Sept. 1, 1997.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 763 (S.B. 1035), Sec. 2, eff. September 1, 2013.
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 171(a), eff. December 31, 2020.
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 171(b), eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle B - Licenses › Chapter 61 - Provisions Generally Applicable to Licenses › Subchapter B. Application and Issuance of Licenses › Section 61.313. Protest by Member of the Public

Sec. 61.313.  PROTEST BY MEMBER OF THE PUBLIC.  (a)  A member of the public may protest an application for:
(1)  an original retail dealer's on-premise license if a sexually oriented business is to be operated on the premises to be covered by the license;
(2)  any renewal of a retail dealer's on-premise license if a sexually oriented business is to be operated on the premises to be covered by the license and a petition is presented to the commission that is signed by 50 percent of the residents who reside within 300 feet of any property line of the affected premises; or
(3)  a license authorizing the retail sale of malt beverages for on-premises consumption if the person resides within 300 feet of any property line of the premises for which the license is sought.
(b)  In addition to the situations described by Subsection (a), the commission by rule may authorize a member of the public to protest other license applications the commission considers appropriate.
(c)  A protest made under this section must include an allegation of grounds on which the original or renewal application, as applicable, should be denied.
Added by Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 172, eff. December 31, 2020.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle B - Licenses › Chapter 61 - Provisions Generally Applicable to Licenses › Subchapter B. Application and Issuance of Licenses › Section 61.314. Protest by Government Official

Sec. 61.314.  PROTEST BY GOVERNMENT OFFICIAL.  (a)  The following persons may protest an application for an alcoholic beverage license:
(1)  the state senator, state representative, county commissioner, and city council member who represent the area in which the premises sought to be licensed are located;
(2)  the commissioners court of the county in which the premises sought to be licensed are located;
(3)  the county judge of the county in which the premises sought to be licensed are located;
(4)  the sheriff or county or district attorney of the county in which the premises sought to be licensed are located;
(5)  the mayor of the city or town in which the premises sought to be licensed are located; and
(6)  the chief of police, city marshal, or city attorney of the city or town in which the premises sought to be permitted are located.
(b)  The commission may give due consideration to the recommendations of a person listed under Subsection (a) when evaluating an application for a license under this code.
Added by Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 172, eff. December 31, 2020.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle B - Licenses › Chapter 61 - Provisions Generally Applicable to Licenses › Subchapter B. Application and Issuance of Licenses › Section 61.34. Appeal From Denial

Sec. 61.34.  APPEAL FROM DENIAL.
(a)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 411(a)(12), eff. December 31, 2020.
(b)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 411(a)(12), eff. December 31, 2020.
(c)  If a license is issued on the basis of a district court judgment and that judgment is reversed on appeal, the mandate of the appellate court automatically invalidates the license and the applicant is entitled to a proportionate refund of fees for the unexpired portion of the license.  As much of the proceeds from license fees collected under this subtitle as is necessary may be appropriated for the payment of those refunds.
(d)  A person appealing from an order denying a license shall give bond for all costs incident to the appeal and shall be required to pay those costs if the judgment on appeal is unfavorable to the applicant, but not otherwise.  A bond is not required on appeals filed on behalf of the state.
Acts 1977, 65th Leg., p. 463, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 763 (S.B. 1035), Sec. 6, eff. September 1, 2013.
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 173, eff. December 31, 2020.
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 411(a)(12), eff. December 31, 2020.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle B - Licenses › Chapter 61 - Provisions Generally Applicable to Licenses › Subchapter B. Application and Issuance of Licenses › Section 61.35. License Fees

Sec. 61.35.  LICENSE FEES.  (a)  A separate license fee is required for each place of business that brews, imports, or sells malt beverages.
(b)  All license fees shall be deposited as provided in Section 205.02.  Each license application must be accompanied by a cashier's check, a teller's check, a check drawn on the account of a corporation applying for a license or on the account of a corporation that is an agent for the person applying for a license, a money order, or payment by credit card, charge card, or other electronic form of payment approved by commission rule for the amount of the state fee, payable to the order of the comptroller.
(c)  No licensee may obtain a refund on the surrender or nonuse of a license except as provided by this code.
(d)  The commissioner may not refund a license fee except when the licensee is prevented from continuing in business by a local option election or when an application for a license is rejected by the commission or administrator.  As much of the proceeds from license fees as is necessary may be appropriated for that purpose.
(e)  The commission by rule shall establish a method for transmitting five percent of the license fee to the assessor and collector of taxes of the county in which the applicant's business is located.
Acts 1977, 65th Leg., p. 464, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 763 (S.B. 1035), Sec. 7, eff. September 1, 2013.
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 174, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle B - Licenses › Chapter 61 - Provisions Generally Applicable to Licenses › Subchapter B. Application and Issuance of Licenses › Section 61.37. Certification of Wet or Dry Status

Sec. 61.37.  CERTIFICATION OF WET OR DRY STATUS.  (a)  Not later than the 30th day after the date a prospective applicant for a license issued by the commission requests certification, the county clerk of the county in which the request is made shall certify whether the location or address given in the request is in a wet area and whether the sale of alcoholic beverages for which the license is sought is prohibited by any valid order of the commissioners court.
(b)  Not later than the 30th day after the date a prospective applicant for a license issued by the commission requests certification, the city secretary or clerk of the city in which the request is made shall certify whether the location or address given in the request is in a wet area and whether the sale of alcoholic beverages for which the license is sought is prohibited by charter or ordinance.
(c)  Once a license is issued, the certification that the location or address is in a wet area may not be changed until after a subsequent local option election to prohibit the sale of alcoholic beverages.
(d)  Notwithstanding any other provision of this code, if the county clerk, city secretary, or city clerk certifies that the location or address given in the request is not in a wet area or refuses to issue the certification required by this section, the prospective applicant is entitled to a hearing before the county judge to contest the certification or refusal to certify.  The prospective applicant must submit a written request to the county judge for a hearing under this subsection.  The county judge shall conduct a hearing required by this subsection not later than the 30th day after the date the county judge receives the written request.
Acts 1977, 65th Leg., p. 464, ch. 194, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 2003, 78th Leg., ch. 1047, Sec. 2, eff. Sept. 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 297 (H.B. 1959), Sec. 2, eff. September 1, 2011.
Acts 2019, 86th Leg., R.S., Ch. 241 (H.B. 1443), Sec. 2, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 177, eff. September 1, 2019.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle B - Licenses › Chapter 61 - Provisions Generally Applicable to Licenses › Subchapter B. Application and Issuance of Licenses › Section 61.38. Notice of Application

Sec. 61.38.  NOTICE OF APPLICATION.  (a)  Every original applicant for a license to brew, distribute, or sell malt beverages at retail shall give notice of the application by electronic or nonelectronic publication at the applicant's own expense in two consecutive issues of a newspaper of general circulation published in the city or town in which the applicant's place of business is located.  If no newspaper is published in that city or town, the notice must be published in a newspaper of general circulation published in the county where the applicant's business is located.  If no newspaper is published in that county, the notice must be published in a qualified newspaper published in the closest neighboring county and circulated in the county where the applicant's business is located.
(b)  The notice must be printed in 10-point boldface type and must include:
(1)  the type of license applied for;
(2)  the exact location of the business for which the license is sought;
(3)  the name of each owner of the business and, if the business is operated under an assumed name, the trade name together with the name of each owner; and
(4)  if the applicant is a corporation, the names and titles of all officers.
(c)  An applicant for a renewal license is not required to publish notice.
Acts 1977, 65th Leg., p. 465, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 763 (S.B. 1035), Sec. 8, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1190 (S.B. 1090), Sec. 14, eff. September 1, 2013.
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 178, eff. September 1, 2021.