reglab/statecodes huggingface dataset:
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle B - Licenses › Chapter 71 - Retail Dealer's Off-Premise License › Section 71.08. Mitigating Circumstances: Retail Dealer's Off-Premise License

Sec. 71.08.  MITIGATING CIRCUMSTANCES:  RETAIL DEALER'S OFF-PREMISE LICENSE.  Section 11.64 of this code relates to mitigating circumstances with respect to cancellation or suspension of a retail dealer's off-premise license.
Acts 1977, 65th Leg., p. 486, ch. 194, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle B - Licenses › Chapter 71 - Retail Dealer's Off-Premise License › Section 71.09. Breach of Peace: Retail Establishment

Sec. 71.09.  BREACH OF PEACE: RETAIL ESTABLISHMENT.  The application of sanctions for the occurrence of a breach of the peace at a retail malt beverage establishment is covered by Section 69.13.
Acts 1977, 65th Leg., p. 487, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 251, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle B - Licenses › Chapter 71 - Retail Dealer's Off-Premise License › Section 71.10. Warning Sign Required

Sec. 71.10.  WARNING SIGN REQUIRED.
(a)  Each holder of a retail dealer's off-premise license shall display in a prominent place on the licensee'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.
(b)  A licensee who fails to comply with this section commits a misdemeanor punishable by a fine of not more than $25.
Added by Acts 1983, 68th Leg., p. 2212, ch. 414, Sec. 4, eff. Sept. 1, 1983.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 252, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle B - Licenses › Chapter 71 - Retail Dealer's Off-Premise License › Section 71.11. Malt Beverage Sampling

Sec. 71.11.  MALT BEVERAGE SAMPLING.  (a)  The holder of a retail dealer's off-premise license may conduct free product samplings of malt beverages on the license holder's premises during regular business hours as provided by this section.
(b)  An agent or employee of the holder of a retail dealer's off-premise license may open, touch, or pour malt beverages, make a presentation, or answer questions at a sampling event.
(c)  For the purposes of this code and any other law or ordinance:
(1)  a retail dealer's off-premise license does not authorize the sale of alcoholic beverages for on-premise consumption; and
(2)  none of the license holder's income may be considered to be income from the sale of alcoholic beverages for on-premise consumption.
(d)  Any 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.
Added by Acts 2007, 80th Leg., R.S., Ch. 1073 (H.B. 2723), Sec. 9, eff. September 1, 2007.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 253, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle B - Licenses › Chapter 73 - Malt Beverage Agent › Section 73.01. Authorized Activities

Sec. 73.01.  AUTHORIZED ACTIVITIES.  (a)  Subject to the limitations imposed in Section 73.011 or elsewhere in this code, a person acting as an employee or representative of a licensed brewer of malt beverages located inside or outside the state or as an employee or representative of a licensed distributor may:
(1)  promote the sale of malt beverages through methods such as solicitation, display, advertising, and personal contact with licensed retailers of malt beverages and their agents, servants, and employees, and with consumers of malt beverages; and
(2)  sell malt beverages and offer them for sale.
(b)  A person acting as a malt beverage agent may represent only one permitted or licensed business at a time while soliciting or taking orders.
Acts 1977, 65th Leg., p. 488, ch. 194, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1993, 73rd Leg., ch. 934, Sec. 57, eff. Sept. 1, 1993.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 255(a), eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 255(b), eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle B - Licenses › Chapter 73 - Malt Beverage Agent › Section 73.011. Limitations on Authority of Malt Beverage Agent

Sec. 73.011.  LIMITATIONS ON AUTHORITY OF MALT BEVERAGE AGENT.  (a)  A person who is an employee or agent of a brewer's licensee or a nonresident brewer's licensee may not represent that the person is the agent of or is acting on behalf of a licensed distributor.  A malt beverage agent may not engage in conduct that is prohibited by Section 102.75 or other provisions of this code.
(b)  A malt beverage agent may not make a representation, solicitation, or offer that this code or the rules of the commission prohibits the agent's employer from offering, making, or fulfilling.
Added by Acts 1993, 73rd Leg., ch. 934, Sec. 58, eff. Sept. 1, 1993.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 256(a), eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 256(b), eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle B - Licenses › Chapter 74 - Brewpub License › Section 74.03. Production Limit

Sec. 74.03.  PRODUCTION LIMIT.  The total annual production of malt beverages by a holder of a brewpub license may not exceed 10,000 barrels for each licensed brewpub.
Added by Acts 1993, 73rd Leg., ch. 478, Sec. 1, eff. Aug. 30, 1993;  Acts 1993, 73rd Leg., ch. 934, Sec. 59, eff. Sept. 1, 1993.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 750 (S.B. 515), Sec. 4, eff. June 14, 2013.
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 258, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle B - Licenses › Chapter 74 - Brewpub License › Section 74.04. License Application, Renewal, and Maintenance; Records; License Issuance

Sec. 74.04.  LICENSE APPLICATION, RENEWAL, AND MAINTENANCE; RECORDS; LICENSE ISSUANCE.  All provisions of this code that apply to a brewpub licensee's wine and malt beverage retailer's permit, mixed beverage permit, or retail dealer's on-premise license also apply to the brewpub license.
Added by Acts 1993, 73rd Leg., ch. 478, Sec. 1, eff. Aug. 30, 1993;  Acts 1993, 73rd Leg., ch. 934, Sec. 59, eff. Sept. 1, 1993.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 259, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle B - Licenses › Chapter 74 - Brewpub License › Section 74.05. Statement of Intent

Sec. 74.05.  STATEMENT OF INTENT.  An applicant for a brewpub license shall file with the application a sworn statement that the applicant shall be engaged in the business of brewing and packaging malt beverages in this state in quantities sufficient to operate a brewpub not later than six months after the date of issuance of the original license.  If the applicant is a corporation, the statement must be signed by a principal corporate officer.  The commission may not issue a brewpub license to an applicant who does not submit the required sworn statement with the application for a license.
Added by Acts 1993, 73rd Leg., ch. 478, Sec. 1, eff. Aug. 30, 1993;  Acts 1993, 73rd Leg., ch. 934, Sec. 59, eff. Sept. 1, 1993.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 763 (S.B. 1035), Sec. 13, eff. September 1, 2013.
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 260(a), eff. December 31, 2020.
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 260(b), eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle B - Licenses › Chapter 74 - Brewpub License › Section 74.06. Quality Standards

Sec. 74.06.  QUALITY STANDARDS.  Brewing equipment used by a holder of a brewpub license, and process, labeling, and packaging conducted by a holder of a brewpub license, shall conform to standards and tax requirements imposed by this code and the commission's rules for the brewing of malt beverages and shall conform to any standards that may be applied by the agency of the United States charged with supervising and inspecting the brewing of alcoholic beverages.
Added by Acts 1993, 73rd Leg., ch. 478, Sec. 1, eff. Aug. 30, 1993;  Acts 1993, 73rd Leg., ch. 934, Sec. 59, eff. Sept. 1, 1993.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 261, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle B - Licenses › Chapter 74 - Brewpub License › Section 74.07. Container Size

Sec. 74.07.  CONTAINER SIZE.  In addition to any other container for malt beverages authorized elsewhere in this code, a holder of a brewpub license may store or serve to consumers malt beverages brewed by the holder of the license at the premises of the brewpub license from any container having the capacity of one barrel or whole multiples of one barrel.
Added by Acts 1993, 73rd Leg., ch. 478, Sec. 1, eff. Aug. 30, 1993;  Acts 1993, 73rd Leg., ch. 934, Sec. 59, eff. Sept. 1, 1993.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 262, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle B - Licenses › Chapter 74 - Brewpub License › Section 74.08. Sales by Brewpub License Holders to Retailers

Sec. 74.08.  SALES BY BREWPUB LICENSE HOLDERS TO RETAILERS.  (a)  In addition to the activities authorized by Section 74.01, the holder of a brewpub license who holds a wine and malt beverage retailer's permit and whose sale of malt beverages consists only of malt beverages brewed on the brewpub's premises may  sell malt beverages produced under the license to:
(1)  those retailers to whom the holder of a general distributor's license may sell malt beverages under Section 64.01; or
(2)  qualified persons to whom the holder of a general distributor's license may sell malt beverages for shipment and consumption outside the state under Section 64.01.
(b)  With regard to a sale under Subsection (a)(1), the holder of a brewpub license has the same authority and is subject to the same requirements that apply to a sale made by the holder of a general class B wholesaler's permit.
(c)  With regard to a sale under Subsection (a)(2), the holder of a brewpub license has the same authority and is subject to the same requirements that apply to a sale made by the holder of a general distributor's license.
(d)  The total amount of malt beverages sold under this section to persons in this state may not exceed 1,000 barrels annually for each licensed brewpub location or 2,500 barrels annually for all brewpubs operated by the same licensee.
Added by Acts 2013, 83rd Leg., R.S., Ch. 750 (S.B. 515), Sec. 5, eff. June 14, 2013.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 160 (H.B. 2097), Sec. 1, eff. September 1, 2017.
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 263, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle B - Licenses › Chapter 74 - Brewpub License › Section 74.09. Sales to Distributors

Sec. 74.09.  SALES TO DISTRIBUTORS.  (a)  In addition to the activities authorized by Section 74.01, the holder of a brewpub license may sell malt beverages produced under the license to the holder of a general or branch distributor's license.
(b)  The holder of a brewpub license who sells malt beverages under Subsection (a) shall comply with the requirements of Section 102.51.
Added by Acts 2013, 83rd Leg., R.S., Ch. 750 (S.B. 515), Sec. 5, eff. June 14, 2013.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 264, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle B - Licenses › Chapter 74 - Brewpub License › Section 74.11. Report of Sales to Retailers

Sec. 74.11.  REPORT OF SALES TO RETAILERS.  (a)  Not later than the 15th day of each month, the holder of a brewpub license shall file a report with the commission that contains information relating to the sales made by the brewpub to a retailer during the preceding calendar month.
(b)  The commission shall by rule determine the information that is required to be reported under this section and the manner in which the report must be submitted to the commission.  The commission may require the report to contain the same information reported to the comptroller under Section 151.462, Tax Code.
Added by Acts 2013, 83rd Leg., R.S., Ch. 750 (S.B. 515), Sec. 5, eff. June 14, 2013.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle C - Provisions Applicable to Permits and Licenses › Chapter 81 - Common Nuisance › Section 81.001. Definition

Sec. 81.001.  DEFINITION.  In this chapter, "common nuisance" means a common nuisance as defined by Section 125.001, Civil Practice and Remedies Code, or by Section 101.70(a) of this code.
Added by Acts 2007, 80th Leg., R.S., Ch. 896 (H.B. 2605), Sec. 1, eff. June 15, 2007.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle C - Provisions Applicable to Permits and Licenses › Chapter 81 - Common Nuisance › Section 81.002. Applicability of Chapter

Sec. 81.002.  APPLICABILITY OF CHAPTER.  This chapter applies only to a permit or license that authorizes the retail sale or service of alcoholic beverages for on-premises consumption of alcoholic beverages, other than a permit or license held with a food and beverage certificate.
Added by Acts 2007, 80th Leg., R.S., Ch. 896 (H.B. 2605), Sec. 1, eff. June 15, 2007.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle C - Provisions Applicable to Permits and Licenses › Chapter 81 - Common Nuisance › Section 81.003. Submission of Information by Certain Officials

Sec. 81.003.  SUBMISSION OF INFORMATION BY CERTAIN OFFICIALS.  For the purposes of Section 81.004 or 81.005, the district or county attorney of the county or the city attorney of the city in which the premises are located may provide information to the commission indicating that the holder of, or applicant for, a permit or license covering the premises has used or can reasonably be expected to use or allow others to use the premises in a manner that constitutes a common nuisance.
Added by Acts 2007, 80th Leg., R.S., Ch. 896 (H.B. 2605), Sec. 1, eff. June 15, 2007.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 265, eff. December 1, 2020.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle C - Provisions Applicable to Permits and Licenses › Chapter 81 - Common Nuisance › Section 81.004. Application for Original or Renewal Permit or License

Sec. 81.004.  APPLICATION FOR ORIGINAL OR RENEWAL PERMIT OR LICENSE.  The commission may deny an application for an original or renewal permit or license as provided by Section 11.43 if the commission finds that, at any time during the 12 months preceding the permit or license application, a common nuisance existed on the premises for which the permit or license is sought, regardless of whether the acts constituting the common nuisance were engaged in by the applicant or whether the applicant controlled the premises at the time the common nuisance existed.  The commission may issue an original or renewal permit or license if it is found that the applicant did not control the premises at the time the common nuisance existed and the applicant has taken reasonable measures to abate the common nuisance.
Added by Acts 2007, 80th Leg., R.S., Ch. 896 (H.B. 2605), Sec. 1, eff. June 15, 2007.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 266, eff. December 31, 2020.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle C - Provisions Applicable to Permits and Licenses › Chapter 81 - Common Nuisance › Section 81.005. Cancellation or Suspension of Permit or License

Sec. 81.005.  CANCELLATION OR SUSPENSION OF PERMIT OR LICENSE.  (a)  The commission or administrator may suspend for not more than 60 days or cancel a permit or license if the commission or administrator finds, after notice and hearing, that the permit or license holder used or allowed others to use the permitted or licensed premises in a manner that constitutes a common nuisance.
(b)  If the commission or administrator receives information from an official under Section 81.003, the commission or administrator shall consider the information and, if the commission or administrator finds the information sufficient to indicate that cancellation or suspension under Subsection (a) may be appropriate, provide notice and hold a hearing under that subsection to determine whether to suspend or cancel the permit or license.
(c)  Notwithstanding Section 11.64, the commission or administrator may not give a permit or license holder the opportunity to pay a civil penalty rather than have the permit or license suspended.
Added by Acts 2007, 80th Leg., R.S., Ch. 896 (H.B. 2605), Sec. 1, eff. June 15, 2007.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle C - Provisions Applicable to Permits and Licenses › Chapter 81 - Common Nuisance › Section 81.006. Order Imposing Additional Conditions on Permit or License Holder

Sec. 81.006.  ORDER IMPOSING ADDITIONAL CONDITIONS ON PERMIT OR LICENSE HOLDER.  (a)  The commission may, after notice and hearing, issue an order imposing any condition on a permit or license holder that is reasonably necessary to abate a common nuisance on the premises.
(b)  The commission may suspend for not more than 60 days or cancel the permit or license of a permit or license holder who violates an order issued under this section.  The commission may offer the permit or license holder the opportunity to pay a civil penalty rather than have the permit or license suspended.
Added by Acts 2007, 80th Leg., R.S., Ch. 896 (H.B. 2605), Sec. 1, eff. June 15, 2007.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 267, eff. December 31, 2020.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle C - Provisions Applicable to Permits and Licenses › Chapter 81 - Common Nuisance › Section 81.007. Temporary Order During Pendency of Proceeding

Sec. 81.007.  TEMPORARY ORDER DURING PENDENCY OF PROCEEDING.  (a)  Before holding a hearing and making a determination under Section 81.004 or 81.005, the commission may, if there is evidence showing a reasonable likelihood that a common nuisance exists on the premises for which the permit or license is held or sought, issue an order imposing any condition on the permit or license holder or the applicant for the permit or license that is reasonably necessary to abate a common nuisance on the premises.  An order issued under this section is effective until:
(1)  the expiration of the time for appealing the determination under Section 81.004 or 81.005; or
(2)  if the determination is appealed, until all appeals are finally decided.
(b)  A hearings officer may issue an order under this section on the hearings officer's own motion or the motion of a person listed in Section 81.003 or, for an original or renewal permit or license application, any individual entitled to protest the issuance of the original or renewal permit or license.
(b-1)  If an individual who is entitled to protest the issuance of the original or renewal permit or license files a motion for a temporary order under this section, the commission may not issue a temporary order without conducting a hearing.
(c)  The commission may impose any sanction on a person who violates an order issued under Subsection (a) that is necessary to secure compliance with the order.
(d)  A hearing under this section must be held not later than the 10th day after the date notice is served on all interested parties.  Failure to hold a hearing in the time prescribed by this subsection does not invalidate an order issued under this section.
(e)  A person who requests an order under this section may not be required to post security for costs in connection with the application or any hearing conducted as a result of the application.
Added by Acts 2007, 80th Leg., R.S., Ch. 896 (H.B. 2605), Sec. 1, eff. June 15, 2007.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 268, eff. December 31, 2020.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 101 - General Criminal Provisions › Subchapter A. Procedural Provisions › Section 101.01. Restraining Orders and Injunctions

Sec. 101.01.  RESTRAINING ORDERS AND INJUNCTIONS.  (a)  If a credible person by affidavit informs the attorney general or a county or district attorney that a person is violating or is about to violate a provision of this code, or that a permit or license was wrongfully issued, the attorney general or county or district attorney shall begin proceedings in district court to restrain the person from violating the code or operating under the permit or license.
(b)  The court may issue a restraining order without a hearing, and on notice and hearing may grant an injunction, to prevent the threatened or further violation or operation.  The court may require the complaining party to file a bond in an amount and with the conditions the court finds necessary.
(c)  If the court finds that a person has violated a restraining order or injunction issued under this section, it shall enter a judgment to that effect.  The judgment operates to cancel without further proceedings any license or permit held by the person.  The district clerk shall notify the commission when a judgment is entered that operates to cancel a license or permit.
(d)  A license or permit may not be issued to a person whose license or permit is cancelled under Subsection (c) until the first anniversary of the date the license or permit is cancelled.
Acts 1977, 65th Leg., p. 491, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 269, eff. December 31, 2020.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 101 - General Criminal Provisions › Subchapter A. Procedural Provisions › Section 101.02. Arrest Without Warrant

Sec. 101.02.  ARREST WITHOUT WARRANT.  A peace officer may arrest without a warrant any person he observes violating any provision of this code or any rule or regulation of the commission.  The officer shall take possession of all illicit beverages the person has in his possession or on his premises as provided in Chapter 103 of this code.
Acts 1977, 65th Leg., p. 491, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Sec. 101.03.  SEARCH AND SEIZURE.  (a)  A search warrant may issue under Chapter 18, Code of Criminal Procedure, 1965, as amended, to search for, seize, and destroy or otherwise dispose of in accordance with this code:
(1)  an illicit beverage;
(2)  any equipment or instrumentality used, or capable or designed to be used, to manufacture an illicit beverage;
(3)  a vehicle or instrumentality used or to be used for the illegal transportation of an illicit beverage;
(4)  unlawful equipment or materials used or to be used in the illegal manufacturing of an illicit beverage;
(5)  a forged or counterfeit stamp, die, plate, official signature, certificate, evidence of tax payment, license, permit, or other instrument pertaining to this code;  or
(6)  any instrumentality or equipment, or parts of either of them, used or to be used, or designed or capable of use, to manufacture, print, etch, indite, or otherwise make a forged or counterfeit instrument covered by Subdivision (5) of this subsection.
(b)  Any magistrate may issue a search warrant on the affidavit of a credible person, setting forth the name or description of the owner or person in charge of the premises (or stating that the name and description are unknown), the address or description of the premises, and showing that the described premises is a place where this code has been or is being violated.  If the place to be searched is a private dwelling occupied as such and no part of it is used as a store, shop, hotel, boarding house, or for any other purpose except as a private residence, the affidavit must be made by two credible persons.
(c)  All provisions of Chapter 18, Code of Criminal Procedure, 1965, as amended, apply to the application, issuance, and execution of the warrant except those that conflict with this section.
(d)  The officer executing the warrant shall seize all items described in Subsection (a) of this section, and those items may not be taken from his custody by a writ of replevin or any other process.  The officer shall retain the items pending final judgment in the proceedings.
(e)  This section does not require a peace officer to obtain a search warrant to search premises covered by a license or permit.
Acts 1977, 65th Leg., p. 491, ch. 194, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 101 - General Criminal Provisions › Subchapter A. Procedural Provisions › Section 101.04. Consent to Inspection; Penalty

Sec. 101.04.  CONSENT TO INSPECTION; PENALTY.  (a)  By accepting a license or permit, the holder consents to the commission, an authorized representative of the commission, or a peace officer entering the licensed premises at any time to conduct an investigation or inspect the premises for the purpose of performing any duty imposed by this code.
(b)  A person commits an offense if the person refuses to allow the commission, an authorized representative of the commission, or a peace officer to enter a licensed or permitted premises as required by Subsection (a).  An offense under this section is a Class A misdemeanor.
Acts 1977, 65th Leg., p. 492, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 68 (S.B. 904), Sec. 19, eff. September 1, 2007.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 101 - General Criminal Provisions › Subchapter A. Procedural Provisions › Section 101.05. Negation of Exception: Information, Complaint, or Indictment

Sec. 101.05.  NEGATION OF EXCEPTION:  INFORMATION, COMPLAINT, OR INDICTMENT.  An information, complaint, or indictment charging a violation of this code need not negate an exception to an act prohibited by this code, but the exception may be urged by the defendant as a defense to the offense charged.
Acts 1977, 65th Leg., p. 492, ch. 194, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 101 - General Criminal Provisions › Subchapter A. Procedural Provisions › Section 101.06. Testimony of Accomplice

Sec. 101.06.  TESTIMONY OF ACCOMPLICE.  A conviction for a violation of this code cannot be had upon the testimony of an accomplice unless corroborated by other evidence tending to connect the defendant with the offense committed;  and the corroboration is not sufficient if it merely shows the commission of the offense.
Acts 1977, 65th Leg., p. 492, ch. 194, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1979, 66th Leg., p. 108, ch. 67, Sec. 1, eff. Aug. 27, 1979.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 101 - General Criminal Provisions › Subchapter A. Procedural Provisions › Section 101.07. Duty of Peace Officers

Sec. 101.07.  DUTY OF PEACE OFFICERS.  All peace officers in the state, including those of cities, counties, and state, shall enforce the provisions of this code and cooperate with and assist the commission in detecting violations and apprehending offenders.
Acts 1977, 65th Leg., p. 492, ch. 194, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 101 - General Criminal Provisions › Subchapter A. Procedural Provisions › Section 101.08. Duty of County Court

Sec. 101.08.  DUTY OF COUNTY COURT.  When a violation of this code occurs, the county court shall make a recommendation to the commission as to cancellation or suspension of any permit or license connected with the violation.
Acts 1977, 65th Leg., p. 492, ch. 194, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 101 - General Criminal Provisions › Subchapter A. Procedural Provisions › Section 101.09. Reports of Convictions

Sec. 101.09.  REPORTS OF CONVICTIONS.  Every county and district clerk in the state shall furnish the commission or its representative, on request, a certified copy of the judgment of conviction and of the information against a person convicted of a violation of this code.  The clerk may not charge a fee for furnishing the copy.
Acts 1977, 65th Leg., p. 492, ch. 194, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 101 - General Criminal Provisions › Subchapter B. Offenses Relating to Dry Areas › Section 101.31. Alcoholic Beverages in Dry Areas

Sec. 101.31.  ALCOHOLIC BEVERAGES IN DRY AREAS.  (a)  Except as otherwise provided in this code, no person in a dry area may manufacture, distill, brew, sell, import into the state, export from the state, transport, distribute, warehouse, store, solicit or take orders for, or possess with intent to sell an alcoholic beverage.
(b)  An offense under this section is a Class B misdemeanor.
(c)  If it is shown on the trial of an offense under this section that the person has previously been convicted two or more times of an offense under this section, the offense is a state jail felony.
Acts 1977, 65th Leg., p. 493, ch. 194, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 2001, 77th Leg., ch. 462, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 101 - General Criminal Provisions › Subchapter B. Offenses Relating to Dry Areas › Section 101.33. Delivery of Liquor in Dry Area

Sec. 101.33.  DELIVERY OF LIQUOR IN DRY AREA.  Section 107.03 of this code relates to the delivery of liquor in a dry area.
Acts 1977, 65th Leg., p. 493, ch. 194, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 101 - General Criminal Provisions › Subchapter C. Containers › Section 101.41. Containers, Packaging, and Dispensing Equipment of Malt Beverages: Labels

Sec. 101.41.  CONTAINERS, PACKAGING, AND DISPENSING EQUIPMENT OF MALT BEVERAGES: LABELS.  (a)  A brewer or distributor, directly or indirectly or through a subsidiary, affiliate, agent, employee, officer, director, or firm member, may not brew, sell, or otherwise introduce into commerce any container, packaging, or dispensing equipment of malt beverages that does not meet the requirements of this section.
(b)  Every container of malt beverages must have a label or imprint in legible type showing the full name and address of the brewer and, if it contains a special brand brewed for a distributor, of the distributor.  Any box, crate, carton, or similar device in which containers of malt beverages are sold or transported must have a label meeting the same requirements.
(c)  The label of a container of malt beverages must state:
(1)  the net contents in terms of United States liquor measure; and
(2)  the alcohol content by volume.
(d)  A container, packaging material, or dispensing equipment may not bear a label or imprint that:
(1)  by wording, lettering, numbering, or illustration, or in any other manner refers or alludes to or suggests a brewing process, aging, analysis, or a scientific fact;
(2)  refers or alludes to the "proof," "balling," or "extract" of the product;
(3)  is untrue in any respect; or
(4)  by ambiguity, omission, or inference tends to create a misleading impression, or causes or is calculated to cause deception of the consumer with respect to the product.
Acts 1977, 65th Leg., p. 493, ch. 194, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1993, 73rd Leg., ch. 934, Sec. 61, eff. Sept. 1, 1993.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 271, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 101 - General Criminal Provisions › Subchapter C. Containers › Section 101.42. Returnable Container: Acceptance by Another Brewer

Sec. 101.42.  RETURNABLE CONTAINER: ACCEPTANCE BY ANOTHER BREWER.  A brewer of malt beverages may not  purchase, accept as a return, or use a barrel, half-barrel, keg, case, or bottle permanently branded or imprinted with the name of another brewer.
Acts 1977, 65th Leg., p. 494, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 272, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 101 - General Criminal Provisions › Subchapter C. Containers › Section 101.43. Misbranding of Brewery Product

Sec. 101.43.  MISBRANDING OF BREWERY PRODUCT.  (a)  A brewer or distributor, directly or indirectly, or through a subsidiary, affiliate, agent, employee, officer, director, or firm member, may not sell or otherwise introduce into commerce a brewery product that is misbranded.
(b)  A product is misbranded if:
(1)  it is misbranded within the meaning of the federal Food and Drug Act;
(2)  the container is so made or filled as to mislead the purchaser, or if its contents fall below the recognized standards of fill;
(3)  it misrepresents the standard of quality of products in the branded container;  or
(4)  it is so labeled as to purport to be a product different from that in the container.
Acts 1977, 65th Leg., p. 494, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 273, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 101 - General Criminal Provisions › Subchapter C. Containers › Section 101.45. Containers of Wine: Maximum Capacity

Sec. 101.45.  CONTAINERS OF WINE:  MAXIMUM CAPACITY.  A person may not sell wine to a retail dealer in a container with a capacity greater than 15.5 gallons.
Acts 1977, 65th Leg., p. 494, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 5 (S.B. 351), Sec. 1, eff. April 21, 2011.
Acts 2015, 84th Leg., R.S., Ch. 168 (H.B. 2022), Sec. 1, eff. May 28, 2015.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 101 - General Criminal Provisions › Subchapter C. Containers › Section 101.46. Containers of Liquor: Minimum Capacities

Sec. 101.46.  CONTAINERS OF LIQUOR:  MINIMUM CAPACITIES.  (a)  Except as provided by Subsections (b), (c), and (d), no person may import, sell, or possess with intent to sell any liquor in a container with a capacity of less than 20 milliliters. A container of liquor offered for sale that has a capacity of less than six fluid ounces must substantially conform to the labeling requirements of the Bureau of Alcohol, Tobacco, and Firearms for larger containers in which liquor is sold.  Holders of distiller's or rectifier's permits wishing to sell liquor bottled in containers of less than six fluid ounces to wholesalers must sell such containers of liquor to wholesalers in units of unbroken, sealed cases.  Wholesalers shall sell liquor bottled in containers of less than six fluid ounces to package stores in units of unbroken, sealed cases.
(b)  Subsection (a) does not apply to permittees or licensees while engaged in supplying mixed beverage permittees or passenger transportation permittees under Section 48.03 or 48.05, nor to the possession or sale of liquor by a mixed beverage permittee or a passenger transportation permittee under Section 48.03 or 48.05, but none of the permittees or licensees covered by this subsection may possess liquor in a container with a capacity of less than one fluid ounce.
(c)  Subsection (a) of this section does not apply to liquor imported under Section 107.07 of this code.
(d)  Spirit coolers, as described by the definition of "distilled spirits" in Section 1.04 of this code, may be sold in containers with a capacity of less than 355 milliliters as well as in containers with any other capacity authorized by this code for distilled spirits.
Acts 1977, 65th Leg., p. 494, ch. 194, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1979, 66th Leg., p. 1146, ch. 552, Sec. 1, eff. Aug. 27, 1979;  Acts 1993, 73rd Leg., ch. 934, Sec. 62, eff. Sept. 1, 1993;  Acts 2001, 77th Leg., ch. 269, Sec. 1, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 1095, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1017 (H.B. 1039), Sec. 1, eff. June 19, 2015.
Acts 2017, 85th Leg., R.S., Ch. 283 (H.B. 3101), Sec. 3, eff. May 29, 2017.
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 274, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 101 - General Criminal Provisions › Subchapter C. Containers › Section 101.47. Carrier May Transport Liquor in Small Containers

Sec. 101.47.  CARRIER MAY TRANSPORT LIQUOR IN SMALL CONTAINERS.  The commission may authorize a common carrier of persons engaged in interstate commerce to transport liquor in containers of less than 20 milliliters if the liquor is not for sale, use, or consumption in the state.
Acts 1977, 65th Leg., p. 494, ch. 194, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1979, 66th Leg., p. 1969, ch. 777, Sec. 10, eff. Aug. 27, 1979;  Acts 2003, 78th Leg., ch. 1095, Sec. 2, eff. Sept. 1, 2003.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 101 - General Criminal Provisions › Subchapter C. Containers › Section 101.48. Commission's Regulatory Authority

Sec. 101.48.  COMMISSION'S REGULATORY AUTHORITY.  Sections 5.39 and 5.40 relate to the commission's authority to regulate liquor containers and malt beverage container deposits.
Acts 1977, 65th Leg., p. 495, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 275, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 101 - General Criminal Provisions › Subchapter D. Miscellaneous Offenses › Section 101.61. Violation of Code or Rule

Sec. 101.61.  VIOLATION OF CODE OR RULE.  A person who fails or refuses to comply with a requirement of this code or a valid rule of the commission violates this code.
Acts 1977, 65th Leg., p. 495, ch. 194, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 101 - General Criminal Provisions › Subchapter D. Miscellaneous Offenses › Section 101.63. Sale or Delivery to Certain Persons

Sec. 101.63.  SALE OR DELIVERY TO CERTAIN PERSONS.  (a)  A person commits an offense if the person with criminal negligence sells an alcoholic beverage to an habitual drunkard or an intoxicated or insane person.
(a-1)  A person commits an offense if the person with criminal negligence delivers for commercial purposes an alcoholic beverage to an intoxicated person.
(b)  Except as provided in Subsection (c) of this section, a violation of this section is a misdemeanor punishable by a fine of not less than $100 nor more than $500, by confinement in jail for not more than one year, or by both.
(c)  If a person has been previously convicted of a violation of this section or of Section 106.03 of this code, a violation is a misdemeanor punishable by a fine of not less than $500 nor more than $1,000, by confinement in jail for not more than one year, or by both.
Acts 1977, 65th Leg., p. 495, ch. 194, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 2003, 78th Leg., ch. 508, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 441 (S.B. 1450), Sec. 4, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 441 (S.B. 1450), Sec. 5, eff. September 1, 2019.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 101 - General Criminal Provisions › Subchapter D. Miscellaneous Offenses › Section 101.64. Indecent Graphic Material

Sec. 101.64.  INDECENT GRAPHIC MATERIAL.  No holder of a license or permit may possess or display on the licensed premises a card, calendar, placard, picture, or handbill that is immoral, indecent, lewd, or profane.
Acts 1977, 65th Leg., p. 495, ch. 194, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 101 - General Criminal Provisions › Subchapter D. Miscellaneous Offenses › Section 101.65. Beverages Made From Certain Materials Prohibited

Sec. 101.65.  BEVERAGES MADE FROM CERTAIN MATERIALS PROHIBITED.  No person may manufacture, import, sell, or possess for the purpose of sale an alcoholic beverage made from:
(1)  any compound made from synthetic materials;
(2)  substandard wines;
(3)  imitation wines;  or
(4)  must concentrated at any time to more than 80 degrees Balling.
Acts 1977, 65th Leg., p. 495, ch. 194, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1999, 76th Leg., ch. 1297, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 101 - General Criminal Provisions › Subchapter D. Miscellaneous Offenses › Section 101.66. Beverages of Certain Alcohol Content Prohibited

Sec. 101.66.  BEVERAGES OF CERTAIN ALCOHOL CONTENT PROHIBITED.  A person may not manufacture, sell, barter, or exchange a beverage that contains more than one-half of one percent alcohol by volume and not more than five percent alcohol by volume, except malt beverages, wine coolers, and spirit coolers.
Acts 1977, 65th Leg., p. 495, ch. 194, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1993, 73rd Leg., ch. 934, Sec. 60, eff. Sept. 1, 1993.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 276, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 101 - General Criminal Provisions › Subchapter D. Miscellaneous Offenses › Section 101.6701. Label Approval Not Required for Certain Malt Beverages

Sec. 101.6701.  LABEL APPROVAL NOT REQUIRED FOR CERTAIN MALT BEVERAGES.  (a)  This section applies only to the holder of a brewer's license authorized under Section 62.122 to sell malt beverages produced on the brewer's premises under the license to ultimate consumers on the brewer's premises for responsible consumption on the brewer's premises and for off-premises consumption.
(b)  Notwithstanding Sections 101.41 and 101.67 or any other law, a license holder to whom this section applies may sell malt beverages to ultimate consumers for consumption on the license holder's premises or for off-premises consumption without receiving label approval for the malt beverages.
(c)  A license holder who sells malt beverages under Subsection (b) shall:
(1)  post in a conspicuous place on the license holder's premises the alcohol content of the malt beverages in percentage of alcohol by volume; and
(2)  provide in writing to an ultimate consumer who purchases a malt beverage for off-premises consumption:
(A)  the product name of the malt beverage; and
(B)  the alcohol content of the malt beverage in percentage of alcohol by volume.
(d)  A license holder satisfies the requirements of Subsection (c)(2) if the license holder:
(1)  writes the product name and alcohol content on the container of the malt beverage; or
(2)  applies a label with the product name and alcohol content to the container of the malt beverage.
Added by Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 278(b), eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 101 - General Criminal Provisions › Subchapter D. Miscellaneous Offenses › Section 101.673. Use of American Viticultural Area, County, or Vineyard on Wine Label

Sec. 101.673.  USE OF AMERICAN VITICULTURAL AREA, COUNTY, OR VINEYARD ON WINE LABEL.  (a)  In this section, "American viticultural area" has the meaning assigned by 27 C.F.R. Section 4.25.
(b)  A wine that is otherwise entitled under federal law to an appellation of origin indicating the wine's origin is an American viticultural area or county located in this state may use that appellation only if the wine is 100 percent by volume fermented juice of grapes or other fruit grown in this state.
(c)  A wine that is otherwise entitled under federal law to use the name of a specific vineyard in this state on the wine's label may use the name of the vineyard on the label only if the wine is 100 percent by volume fermented juice of grapes or other fruit grown in this state.
Added by Acts 2021, 87th Leg., R.S., Ch. 151 (H.B. 1957), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 101 - General Criminal Provisions › Subchapter D. Miscellaneous Offenses › Section 101.68. Consignment Sale Prohibited

Sec. 101.68.  CONSIGNMENT SALE PROHIBITED.  A person commits an offense if he is a party to, or directly or indirectly interested in or connected with, a consignment sale of an alcoholic beverage.
Acts 1977, 65th Leg., p. 496, ch. 194, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Alcoholic Beverage Code › Title 4 - Regulatory and Penal Provisions › Chapter 101 - General Criminal Provisions › Subchapter D. Miscellaneous Offenses › Section 101.69. False Statement

Sec. 101.69.  FALSE STATEMENT.  Except as provided in Section 103.05(d), a person who knowingly makes a false statement or false representation in an application for a permit or license or in a statement, report, or other instrument to be filed with the commission and required to be sworn commits an offense punishable by imprisonment in the Texas Department of Criminal Justice for not less than 2 nor more than 10 years.
Acts 1977, 65th Leg., p. 496, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 25.007, eff. September 1, 2009.
Acts 2019, 86th Leg., R.S., Ch. 850 (H.B. 2792), Sec. 1, eff. September 1, 2019.