Title AL, Alcoholic Beverage Code

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.

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.…

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 bever…

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…

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, …

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 hear…

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.

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 t…

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,…

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…

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 t…

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.

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. …

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 commiss…

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 …

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…

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 …

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 te…

Sec. 61.36. LOCAL FEE AUTHORIZED. (a) The governing body of an incorporated city or town may levy and collect a fee for each license issued for premises located within the city or town. The commissioners court of a county may levy and collect a fee for each license issued for pre…

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 …

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 newspa…

Sec. 61.381. NOTICE BY SIGN. (a) An applicant for a license issued under this code for a location not previously licensed for the on-premises consumption of alcoholic beverages must, not later than the 60th day before the date the license is issued, prominently post an outdoor si…

Sec. 61.382. NOTICE BY MAIL. (a) Except as provided by Subsection (b), a person who submits an original application for a license authorizing the retail sale of malt beverages for on-premises consumption shall give written notice of the application to each residential address and…

Sec. 61.40. PREMISES INELIGIBLE FOR LICENSE. Section 11.44 of this code, which describes certain premises that are ineligible for a license, applies to licenses issued under this subtitle. Acts 1977, 65th Leg., p. 465, ch. 194, Sec. 1, eff. Sept. 1, 1977.

Sec. 61.41. SECOND LICENSE AT SAME LOCATION; EFFECT ON EXISTING LICENSE. (a) Except as provided by Subsection (d), no license may be issued for a premises, location, or place of business for which a license is in effect unless the holder of the existing license has shown to the s…

Sec. 61.42. MANDATORY GROUNDS FOR DENIAL: DISTRIBUTOR OR RETAILER. (a) The commission shall deny an application for a license as a distributor or retailer if the commission has reasonable grounds to believe and finds that: (1) the applicant is a minor; (2) the applicant is indebt…

Sec. 61.421. DENIAL OF LICENSE AUTHORIZING ON-PREMISES CONSUMPTION. (a) In this section, "applicant" has the meaning assigned by Section 11.45. (b) The commission shall deny an application for an original or renewal license authorizing on-premises consumption of alcoholic beverag…

Sec. 61.43. DISCRETIONARY GROUNDS FOR DENIAL: DISTRIBUTOR OR RETAILER. The commission may deny an application for a license as a distributor or retailer if the commission has reasonable grounds to believe and finds that: (1) the applicant has been finally convicted in a court of …

Sec. 61.44. DENIAL OF DISTRIBUTOR'S OR RETAILER'S LICENSE: PROHIBITED INTERESTS. (a) The commission may deny an application for a license as a distributor or retailer if the commission has reasonable grounds to believe and finds that: (1) the applicant has a financial interest in…

Sec. 61.45. DENIAL OF RETAILER'S OR DISTRIBUTOR'S LICENSE: PROHIBITED INTEREST IN PREMISES. (a) The commission may deny an application for a retail dealer's license if the commission has reasonable grounds to believe and finds that: (1) the applicant owns or has an interest in th…

Sec. 61.46. BREWER'S LICENSE: GROUNDS FOR DENIAL. (a) This section applies to any applicant for a brewer's license, including a domestic corporation or foreign corporation qualified to do business in Texas, administrator or executor, or other person. This section does not apply t…

Sec. 61.48. RENEWAL APPLICATION. An application to renew a license shall be filed with the commission not earlier than the 30th day before the date the license expires but not after it expires. The application shall be signed by the applicant and shall contain complete informatio…

Sec. 61.49. ACTION ON RENEWAL APPLICATION BY COMMISSION; REFUND OF FEE. When the renewal application has been filed in accordance with Section 61.48, the commission shall follow the procedure under Section 11.43. Acts 1977, 65th Leg., p. 468, ch. 194, Sec. 1, eff. Sept. 1, 1977. …

Sec. 61.50. RENEWAL OF RETAIL DEALER'S LICENSE: GROUNDS FOR DENIAL. The commission may deny an application for a renewal of a retail dealer's license and require the applicant to make an original application if it is found that circumstances exist which would warrant the denial o…

Sec. 61.51. PREMISES DEFINED; DESIGNATION OF LICENSED PREMISES. "Premises" is defined in Section 11.49 of this code. The designating of licensed premises by license applicants is also covered by that section. Acts 1977, 65th Leg., p. 469, ch. 194, Sec. 1, eff. Sept. 1, 1977.

Sec. 61.52. ADMINISTRATIVE PENALTY IN CERTAIN COUNTIES. Section 11.321 applies to an original or renewal application for a retail dealer's on-premise license, other than a license with a food and beverage certificate, for an establishment located in a county with a population of …

Sec. 61.71. GROUNDS FOR CANCELLATION OR SUSPENSION: RETAIL DEALER. (a) The commission or administrator may suspend for not more than 60 days or cancel an original or renewal retail dealer's on- or off-premise license if it is found, after notice and hearing, that the licensee: (1…

Sec. 61.711. RETAIL DEALER: CONVICTION OF OFFENSE RELATING TO DISCRIMINATION. The commission or administrator may suspend for not more than 60 days or cancel an original or renewal retail dealer's on- or off-premise license if it is found after notice and hearing that: (1) the li…

Sec. 61.712. GROUNDS FOR CANCELLATION OR SUSPENSION: SALES TAX. The commission may deny an application for a renewal license or, after notice and hearing, the commission or administrator may suspend for not more than 60 days or cancel a license if the commission or administrator …

Sec. 61.713. CANCELLATION FOR IMPROPER DISPLAY OR USE OF LICENSE. Notwithstanding Section 61.76 or 61.761, the commission or administrator shall cancel an original or renewal license if it is found, after notice and hearing, that the licensee was convicted of an offense under Sec…

Sec. 61.72. SUSPENSION OR CANCELLATION: RETAILER: PREMISES. Except for a violation of the credit or cash law, a penalty of suspension or cancellation of the license of a retail dealer shall be assessed against the license for the premises where the offense was committed. Acts 197…

Sec. 61.721. CANCELLATION OF PERMIT OR LICENSE IN CERTAIN MUNICIPALITIES. The commission or administrator may cancel an original or a renewal wine and malt beverage retailer's permit or retail dealer's on-premise license and the commission may deny an application for any new alco…

Sec. 61.73. RETAIL DEALER: CREDIT PURCHASE OR DISHONORED CHECK. (a) The commission or administrator may suspend for not more than 60 days or cancel an original or renewal retail dealer's on- or off-premise license if it is found, after notice and hearing, that the licensee purcha…

Sec. 61.74. GROUNDS FOR CANCELLATION OR SUSPENSION: DISTRIBUTOR. (a) The commission or administrator may suspend for not more than 60 days or cancel an original or renewal general or branch distributor's license if it is found, after notice and hearing, that the licensee: (1) vio…

Sec. 61.75. SUSPENSION OF BREWER'S LICENSE. If a brewer violates a provision of this code or a rule of the commission, the commission or administrator may order the brewer to cease and desist from the violation and may suspend its license, after notice and hearing, until the lice…

Sec. 61.76. SUSPENSION INSTEAD OF CANCELLATION. When a cause for the cancellation of a license is prescribed by this code, the commission or administrator has the discretionary authority to suspend the license for not more than 60 days rather than to cancel the license. Acts 1977…