Title AL, Alcoholic Beverage Code

Sec. 29.01. ELIGIBLE PERMIT AND LICENSE HOLDERS. A retailer late hours certificate may be issued to the holder of a mixed beverage permit, private club registration permit, or retail dealer's on-premise license. Acts 1977, 65th Leg., p. 433, ch. 194, Sec. 1, eff. Sept. 1, 1977. A…

Sec. 29.02. AUTHORIZED ACTIVITIES. The holder of a retailer late hours certificate may sell or serve the alcoholic beverages the holder is authorized to sell or serve under its primary permit or license on Sunday between the hours of 1:00 a.m. and 2 a.m. and on any other day betw…

Sec. 29.03. ISSUANCE OF CERTIFICATE AUTHORIZED FOR CERTAIN AREAS. (a) Notwithstanding any other provision of this code, a retailer late hours certificate may be issued to the holder of a retail dealer's on-premise license in an area in which the voters have approved the following…

Sec. 30.01. DEFINITION. In this chapter, "nonprofit entity" means: (1) a nonprofit corporation; (2) a nonprofit charitable, civic, or religious organization; (3) a political party or political association supporting a candidate for public office or a proposed amendment to the Tex…

Sec. 30.02. AUTHORIZED ACTIVITIES. The holder of a nonprofit entity temporary event permit may sell for consumption on the premises for which the permit is issued any alcoholic beverage that is authorized to be sold where the event is held. Acts 1977, 65th Leg., p. 433, ch. 194, …

Sec. 30.03. ISSUANCE OF PERMIT. The commission may issue a nonprofit entity temporary event permit to a nonprofit entity for the sale of alcoholic beverages at an event sponsored by the permit holder including picnics, celebrations, or similar events. Acts 1977, 65th Leg., p. 433…

Sec. 30.04. NOTATION OF DATES PERMIT IS VALID. When issuing a nonprofit entity temporary event permit under this chapter, the commission shall, on the face of the permit, indicate the dates on which the permit is valid. Acts 1977, 65th Leg., p. 434, ch. 194, Sec. 1, eff. Sept. 1,…

Sec. 30.05. PURCHASE OF DISTILLED SPIRITS. Distilled spirits sold by the holder of a nonprofit entity temporary event permit must be purchased from the holder of a local distributor's permit. Acts 1977, 65th Leg., p. 434, ch. 194, Sec. 1, eff. Sept. 1, 1977. Amended by: Acts 2019…

Sec. 30.06. AUCTION OF ALCOHOLIC BEVERAGES. (a) The holder of a nonprofit entity temporary event permit may auction alcoholic beverages, for consumption off premises, to raise money to support the stated purpose of the permit holder. (b) The proceeds from an auction authorized by…

Sec. 30.07. APPLICATION OF OTHER LAW. Section 11.39 does not apply to an applicant for a nonprofit entity temporary event permit. Amended by: Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 124, eff. September 1, 2021.

Sec. 30.08. ADOPTION OF RULES. The commission shall adopt rules which it determines to be necessary to implement and administer the provisions of this chapter, including: (1) limitations on the number of times during any calendar year a nonprofit entity may be issued a permit und…

Sec. 30.09. EVENTS IN DRY AREA. (a) The commission may issue a nonprofit entity temporary event permit to a nonprofit corporation for a fund-raising event for the nonprofit corporation that is located in a dry area. (b) A nonprofit entity temporary event permit under this section…

Sec. 32.01. AUTHORIZED ACTIVITIES. (a) A private club registration permit authorizes alcoholic beverages belonging to members of the club to be: (1) stored, possessed, and mixed on the club premises; (2) served for on-premises consumption only to members of the club and their fam…

Sec. 32.03. QUALIFICATIONS FOR PERMIT. (a) A private club registration permit may only be issued to a club which meets the requirements of this section. (b) The club must be an association of persons, whether unincorporated or incorporated under the laws of this state, for the pr…

Sec. 32.04. APPLICATIONS FOR PERMITS; RENEWALS. (a) A private club which meets the requirements set forth in Section 32.03 of this code may apply for a private club registration permit on forms furnished by the commission and containing all information necessary to insure complia…

Sec. 32.05. LOCKER SYSTEM. The locker system of storage is a system whereby the club rents a locker to a member in which he may store alcoholic beverages for consumption by himself and his guests. All alcoholic beverages stored at a club under the locker system must be purchased …

Sec. 32.06. POOL SYSTEM. (a) The pool system of storage may be used in any area. Under this system all members of a pool participate equally in the original purchase of all alcoholic beverages. The original purchase may be funded by a cash contribution from each member or from a …

Sec. 32.07. DISPLAY OF PERMIT. A private club registration permit shall be displayed in a conspicuous place at all times on the licensed premises. Acts 1977, 65th Leg., p. 437, ch. 194, Sec. 1, eff. Sept. 1, 1977.

Sec. 32.08. PURCHASE AND TRANSPORTATION OF ALCOHOLIC BEVERAGES. (a) All distilled spirits sold by a club holding a private club registration permit must be purchased in this state from a holder of a local distributor's permit. (b) If the club holding the permit is in an area wher…

Sec. 32.09. TEMPORARY MEMBERS. (a) The manager or other person in charge of the club premises may allow a person to enter the club if he possesses a valid temporary membership card which has no erasures or changes and which has the temporary dates in a prominent position on the c…

Sec. 32.10. GUESTS. (a) Guests shall be limited to those who accompany a member or temporary member onto the premises or for whom a member, other than a temporary member, has made prior arrangements with the management of the club. (b) Except as provided in Subsection (c) of this…

Sec. 32.11. FRATERNAL AND VETERANS ORGANIZATIONS. (a) In this section: (1) "Fraternal organization" means: (A) any chapter, aerie, parlor, lodge, or other local unit of an American national fraternal organization or Texas state fraternal organization that, as the owner, lessee, o…

Sec. 32.12. INSPECTION OF PREMISES. The acceptance of a private club registration permit constitutes an express agreement and consent on the part of the private club that any authorized representative of the commission or any peace officer has the right and privilege to freely en…

Sec. 32.13. INSPECTION OF BOOKS AND RECORDS. All books and records pertaining to the operation of any permittee club, including a current listing, correct to the last day of the preceding month, of all members of the club who have liquor stored on the club premises under either t…

Sec. 32.14. UNREGISTERED CLUBS; PROHIBITED ACTIVITIES. (a) No permittee, licensee, or any other person shall deliver, transport, or carry an alcoholic beverage to, into, or on the premises of any establishment, location, room, or place purporting to be a club, or holding itself o…

Sec. 32.15. REMOVAL OF BEVERAGES FROM PREMISES. A private club, irrespective of location or system of storage of alcoholic beverages, may not permit any person to remove any alcoholic beverages from the club premises, except: (1) as authorized by: (A) Section 28.10(b) or 32.155; …

Sec. 32.155. 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" has the meaning assigned by Section 28.1001. (b)…

Sec. 32.16. UNAUTHORIZED MEMBERSHIP. No private club registration permittee may allow its average membership to exceed that authorized by its permit. Acts 1977, 65th Leg., p. 440, ch. 194, Sec. 1, eff. Sept. 1, 1977.

Sec. 32.17. CANCELLATION OR SUSPENSION OF PERMIT; GROUNDS. (a) The commission or administrator may cancel or suspend for a period of time not exceeding 60 days, after notice and hearing, an original or renewal private club registration permit on finding that the permittee club ha…

Sec. 32.18. APPEALS FROM ORDERS OF COMMISSION OR ADMINISTRATOR. An appeal from an order of the commission or administrator refusing, cancelling, or suspending a private club registration permit shall be taken to the district court of the county in which the private club is locate…

Sec. 32.19. AIDING OR ABETTING VIOLATION. A person who commits, assists, aids, or abets a violation of this chapter commits an offense. Acts 1977, 65th Leg., p. 441, ch. 194, Sec. 1, eff. Sept. 1, 1977.

Sec. 32.20. STAMPS. (a) Except as provided by Sections 14.07 and 37.01(d), a private club registration 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 …

Sec. 32.201. POSSESSION OF CERTAIN STAMPS. A private club registration 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. 2, eff. September…

Sec. 32.21. PERMIT INELIGIBILITY. A private club registration 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) …

Sec. 32.22. SUMMARY SUSPENSION. (a) The commission may summarily suspend, without a hearing, the permit of a permittee who fails to file a return or make a tax payment. Chapter 2001, Government Code does not apply to the commission in the enforcement and administration of this se…

Sec. 32.23. FOOD AND BEVERAGE CERTIFICATE. (a) In this section, "location" means the designated physical address of the private club registration permit and includes all areas at the address where the permit holder may serve or deliver alcoholic beverages for immediate consumptio…

Sec. 32.24. BREACH OF PEACE. The commission or administrator may suspend or cancel a private club registration permit after giving the holder notice and the opportunity to show compliance with the requirements of law for the retention of the permit if the commission or administra…

Sec. 32.25. SALES AT TEMPORARY LOCATION. (a) The holder of a private club registration permit may temporarily serve authorized alcoholic beverages at a picnic, celebration, or similar event: (1) sponsored by: (A) a political party or political association supporting a candidate f…

Sec. 32.26. TRAINING PROGRAM ON OPIOID-RELATED DRUG OVERDOSE. (a) Except as provided by Subsection (b), the holder of a private club registration permit and each employee of the permit holder who is required by the permit holder to complete a commission-approved seller training p…

Sec. 35.01. AUTHORIZED ACTIVITIES. (a) An agent may: (1) represent permittees other than retailers within this state who are authorized to sell liquor to retail dealers in the state; and (2) solicit and take orders for the sale of liquor from authorized permittees. (b) A person a…

Sec. 35.05. SAMPLES. An agent may not transport or carry liquor as samples, but may carry or display empty sample containers. Acts 1977, 65th Leg., p. 443, ch. 194, Sec. 1, eff. Sept. 1, 1977. Amended by: Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 131, eff. September …

Sec. 35.06. INELIGIBILITY TO SERVE AS NONRESIDENT SELLER'S AGENT. A person acting as an agent under this chapter may not act as a nonresident seller's agent under Chapter 36. Acts 1977, 65th Leg., p. 443, ch. 194, Sec. 1, eff. Sept. 1, 1977. Amended by: Acts 2019, 86th Leg., R.S.…

Sec. 35.07. UNAUTHORIZED REPRESENTATION. An agent in soliciting or taking orders for the sale of liquor may not represent that the agent is an agent of any person other than the person who employs the agent or who has authorized the agent to represent the person. Acts 1977, 65th …

Sec. 36.01. AUTHORIZED ACTIVITIES. (a) A nonresident seller's agent may: (1) represent only the holders of nonresident seller's permits; (2) solicit and take orders for the sale of liquor from permittees authorized to import liquor for the purpose of resale; and (3) if the agent …

Sec. 36.04. INELIGIBILITY TO SERVE AS AN AGENT. A person acting as a nonresident seller's agent may not act as an agent under Chapter 35. Acts 1977, 65th Leg., p. 444, ch. 194, Sec. 1, eff. Sept. 1, 1977. Amended by: Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 136, eff…

Sec. 36.05. SAMPLES. A nonresident seller's agent may not transport or carry liquor as samples, but may carry or display empty sample containers. Acts 1977, 65th Leg., p. 444, ch. 194, Sec. 1, eff. Sept. 1, 1977. Amended by: Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. …