Title AL, Alcoholic Beverage Code

Sec. 24.01. AUTHORIZED ACTIVITIES. (a) The holder of a wine only package store permit may: (1) purchase wine and vinous liquors in this state from the holder of a winery, wholesaler's, or class B wholesaler's permit; (2) purchase malt beverages from the holder of a general or bra…

Sec. 24.03. DELIVERIES AND COLLECTIONS. The holder of a wine only package store permit may make deliveries to and collections from customers as provided in Section 22.03 of this code. Acts 1977, 65th Leg., p. 424, ch. 194, Sec. 1, eff. Sept. 1, 1977.

Sec. 24.04. DESIGNATION OF PLACE OF STORAGE; TRANSPORT OF BEVERAGES. (a) The owner of more than one wine only package store may designate one of the permit holder's places of business as a place of storage. The permit holder may transfer alcoholic beverages to and from the place …

Sec. 24.05. PROHIBITED INTERESTS. (a) No person who holds a wine only package store permit or owns an interest in a wine only package store may have a direct or indirect interest in any of the following: (1) a manufacturer's or general, branch, or local distributor's license; (2)…

Sec. 24.07. HOURS OF SALE. A holder of a wine only package store permit may remain open and sell malt beverages, wine, and vinous liquors, for off-premises consumption only, on any day and during the same hours as those prescribed for the sale of malt beverages under Section 105.…

Sec. 24.09. OPENING CONTAINERS PROHIBITED. Except as provided by Section 24.12, a person may not break or open a container of liquor or malt beverages or possess an opened container of liquor or malt beverages on the premises of a wine only package store. Acts 1977, 65th Leg., p.…

Sec. 24.10. BEVERAGE FROM OPENED CONTAINER. Except as provided by Section 24.12, a person may not sell, barter, exchange, deliver, or give away a drink of alcoholic beverage from a container that has been opened or broken on the premises of a wine only package store. Acts 1977, 6…

Sec. 24.11. BREACH OF PEACE. The commission or administrator may suspend or cancel a wine only package store permit after giving the permittee notice and the opportunity to show compliance with all requirements of law for the retention of the permit if it finds that a breach of t…

Sec. 24.12. WINE AND MALT BEVERAGES SAMPLING. (a) The holder of a wine only package store permit may conduct free product samplings of wine or malt beverages on the permit holder's premises during regular business hours as provided by this section. (b) An agent or employee of the…

Sec. 25.01. AUTHORIZED ACTIVITIES. The holder of a wine and malt beverage retailer's permit may sell: (1) for consumption on or off the premises where sold, but not for resale, wine and malt beverages containing alcohol in excess of one-half of one percent by volume and not more …

Sec. 25.04. ISSUANCE, CANCELLATION, AND SUSPENSION OF PERMIT. (a) A wine and malt beverage retailer's permit is issued by the commission. The qualification of applicants and the application for and issuance of the permit are governed by the same provisions which apply to the appl…

Sec. 25.05. HEARINGS ON PERMIT APPLICATION: NOTICE AND ATTENDANCE. (a) On receipt of an original application for a wine and malt beverage retailer's permit, the commission shall give notice of all hearings before the commission concerning the application to the sheriff and the ch…

Sec. 25.06. DENIAL OF ORIGINAL APPLICATION. (a) The commission shall deny an original application for a wine and malt beverage retailer's permit if the commission finds that the applicant, or the applicant's spouse, during the five years immediately preceding the application, was…

Sec. 25.09. POSSESSION OF CERTAIN BEVERAGES PROHIBITED. (a) Except as provided by this section, a wine and malt beverage retailer's permittee or an officer of the permittee may not possess distilled spirits or liquor containing alcohol in excess of 17 percent by volume on the lic…

Sec. 25.10. APPLICATION OF OTHER CODE PROVISIONS. Sections 61.78, 61.81, 61.82, and 61.84 also apply to a wine and malt beverage retailer's permit. The restrictions in this code relating to malt beverages as to the application of local restrictions, sales to minors and intoxicate…

Sec. 25.11. SEATING AREA REQUIRED. A wine and malt beverage retailer's permittee must have an area designated on the premises for the permittee's customers to sit if they wish to consume beverages sold by the permittee on the premises. Added by Acts 1983, 68th Leg., p. 2211, ch. …

Sec. 25.12. PREMISES IN A FOOD COURT. (a) Notwithstanding any provision of this code to the contrary, the premises of a wine and malt beverage retailer's permittee who leases space in a food court includes the seating area that the permittee shares with the other lessees that occ…

Sec. 25.13. FOOD AND BEVERAGE CERTIFICATE. (a) In this section, "location" means the designated physical address of the wine and malt beverage retailer's permit and includes all areas at the address where the permit holder may sell or deliver alcoholic beverages for immediate con…

Sec. 25.14. ISSUANCE OF PERMIT AUTHORIZED FOR CERTAIN AREAS. (a) Notwithstanding any other provision of this code, a permit under this chapter may be issued for a premises in an area in which the voters have approved the following alcoholic beverage ballot issues in a local optio…

Sec. 25.15. DELIVERIES AND COLLECTIONS. The holder of a wine and beer retailer's permit who is also the holder of a local cartage permit may make deliveries to and collections from ultimate consumers in the same manner as the holder of a package store permit under Section 22.03. …

Sec. 25.16. SALES AT TEMPORARY LOCATION. (a) The holder of a wine and malt beverage retailer's permit may temporarily at a location other than the permit holder's premises sell for consumption on or off the premises where sold, but not for resale, wine and malt beverages containi…

Sec. 26.01. AUTHORIZED ACTIVITIES. (a) The holder of a wine and malt beverage retailer's off-premise permit may sell for off-premises consumption only, in unbroken original containers, but not for resale, wine and malt beverages containing alcohol in excess of one-half of one per…

Sec. 26.03. ISSUANCE, CANCELLATION, AND SUSPENSION OF PERMIT. (a) A wine and malt beverage retailer's off-premise permit is issued by the commission. The qualifications of applicants and the application for and issuance of the permit are governed by the same provisions which appl…

Sec. 26.04. APPLICATION OF OTHER CODE PROVISIONS. Sections 61.78, 61.81, 61.82, and 61.84 also apply to a wine and malt beverage retailer's off-premise permit. The restrictions in this code relating to malt beverages as to the application of local restrictions, sales to minors an…

Sec. 26.05. WARNING SIGN REQUIRED. (a) Each holder of a wine and malt beverage retailer's off-premise permit shall display in a prominent place on the permittee's premises a sign stating in letters at least two inches high: IT IS A CRIME (MISDEMEANOR) TO CONSUME LIQUOR OR MALT BE…

Sec. 26.08. SAMPLING EVENT. (a) An employee of the holder of a wine and malt beverage retailer's off-premise permit may open, touch, or pour wine or malt beverages, make a presentation, or answer questions at a sampling event. (b) For purposes of this code and any other law or or…

Sec. 28.01. AUTHORIZED ACTIVITIES. (a) The holder of a mixed beverage permit may sell, offer for sale, and possess mixed beverages, including distilled spirits, for consumption on the licensed premises: (1) from sealed containers containing not less than one fluid ounce nor more …

Sec. 28.03. INFORMATION REQUIRED OF APPLICANTS. In addition to the information required of applicants for permits under this code, the applicant for a mixed beverage permit must file with his original and renewal application a sworn statement in a form prescribed by the commissio…

Sec. 28.04. CHANGE IN CORPORATE CONTROL. (a) A mixed beverage permit held by a corporation may not be renewed if the commission or administrator finds that legal or beneficial ownership of over 50 percent of the stock of the corporation has changed since the time the original per…

Sec. 28.05. RENEWAL OF PERMIT BY DESCENDANT OR SURVIVING SPOUSE. If the surviving spouse or surviving descendant of a holder of a mixed beverage permit qualifies as the successor in interest to the permit as provided in Section 11.10 of this code, the descendant or surviving spou…

Sec. 28.06. POSSESSION OF ALCOHOLIC BEVERAGE NOT COVERED BY INVOICE. (a) Except as provided by Sections 14.07, 28.20, and 37.01(d), no holder of a mixed beverage permit, nor any officer, agent, or employee of a holder, may possess or permit to be possessed on the premises for whi…

Sec. 28.07. PURCHASE AND TRANSPORTATION OF ALCOHOLIC BEVERAGES. (a) All distilled spirits and vintage distilled spirits sold by a holder of a mixed beverage permit must be purchased from a holder of a local distributor's permit in the county in which the premises of a mixed bever…

Sec. 28.08. REFILLING CONTAINERS PROHIBITED. No holder of a mixed beverage permit may refill with any substance a container which contained distilled spirits on which the tax prescribed in Section 201.03 of this code has been paid. Acts 1977, 65th Leg., p. 432, ch. 194, Sec. 1, e…

Sec. 28.081. SUBSTITUTION OF BRAND WITHOUT CONSENT OF CONSUMER PROHIBITED. (a) The holder of a mixed beverage permit or a private club permit, or the agent, servant, or employee of a holder of a mixed beverage permit or private club permit commits an offense if the holder, agent,…

Sec. 28.09. INVALIDATION OF STAMP. (a) A holder of a mixed beverage permit or any person employed by the holder who empties a bottle containing distilled spirits on which the tax prescribed in Section 201.03 of this code has been paid, shall immediately after emptying the bottle …

Sec. 28.10. CONSUMPTION RESTRICTED TO PREMISES; EXCEPTIONS. (a) Except as provided by this section or Sections 28.01(b), 28.1001, and 28.20, a mixed beverage permittee may not sell an alcoholic beverage to another mixed beverage permittee or to any other person except for consump…

Sec. 28.1001. PICKUP AND DELIVERY OF ALCOHOLIC BEVERAGES FOR OFF-PREMISES CONSUMPTION. (a) In this section: (1) "Passenger area of a motor vehicle" has the meaning assigned by Section 49.031, Penal Code. (2) "Tamper-proof container" means a container that, once sealed, clearly sh…

Sec. 28.101. PUBLIC CONSUMPTION. (a) This section applies only to a mixed beverage permit holder whose premises are located in a municipality that: (1) has a population of less than 15,000; (2) is located in a county with a population of less than 65,000; and (3) contains a histo…

Sec. 28.11. BREACH OF PEACE. The commission or administrator may suspend or cancel a mixed beverage permit after giving the permittee notice and the opportunity to show compliance with all requirements of law for the retention of the permit if it finds that a breach of the peace …

Sec. 28.12. SALE OF MALT BEVERAGES TO PERMITTEE. The sale of malt beverages to a mixed beverage permittee by a local distributor's permittee or by a licensee authorized to sell them for resale is subject to the provisions of Section 61.73 of this code. Acts 1977, 65th Leg., p. 43…

Sec. 28.135. DESIGNATION OF LICENSED PREMISES FOR PERMITS COVERING CERTAIN COUNTY-OWNED FACILITIES. (a) This section applies only to a facility that is: (1) partially located in a municipality that: (A) has a population of less than 40,000; and (B) is located in a county with a p…

Sec. 28.14. MERGER OR CONSOLIDATION OF CORPORATIONS HOLDING MIXED BEVERAGE PERMITS. When two or more corporations which have substantially similar ownership and which hold mixed beverage permits issued by the commission merge or consolidate and pay to the commission a $100 fee fo…

Sec. 28.15. STAMPS. (a) Except as provided by Sections 14.07 and 37.01(d), a mixed beverage permittee may not possess or permit a person to possess on the premises distilled spirits in any container that does not bear a serially numbered identification stamp issued by the commiss…

Sec. 28.151. POSSESSION OF CERTAIN STAMPS. A mixed beverage permittee may not possess a stamp used to show payment of a tax unless the stamp is affixed to a bottle or container of liquor. Added by Acts 2013, 83rd Leg., R.S., Ch. 1008 (H.B. 2460), Sec. 1, eff. September 1, 2013.

Sec. 28.16. PERMIT INELIGIBILITY. A mixed beverage permit may not be issued to: (1) a person whose permit was canceled for a violation of Section 28.06(c) of this code; (2) a person who held an interest in a permit that was canceled for a violation of Section 28.06(c) of this cod…

Sec. 28.17. SUMMARY SUSPENSION. (a) The commission may summarily suspend, without a hearing, the permit of a permittee who fails to file a return, post the security required by the comptroller under Section 183.053, Tax Code, or make a tax payment. The administrative procedure la…