Title AL, Alcoholic Beverage Code

Sec. 54.10. WINE LABEL APPROVAL NOT REQUIRED. If the holder of an out-of-state winery direct shipper's permit has satisfied all federal label approval requirements for a particular brand of wine, then no further label approval shall be required by the commission. Added by Acts 20…

Sec. 54.11. RULES. The commission shall adopt rules and forms necessary to implement this chapter. Added by Acts 2005, 79th Leg., Ch. 36 (S.B. 877), Sec. 2, eff. May 9, 2005.

Sec. 54.12. PENALTY FOR SHIPPING WITHOUT A PERMIT. Any person who does not hold an out-of-state winery direct shipper's permit who sells and ships alcohol from outside of Texas to an ultimate consumer in Texas commits on first offense a Class B misdemeanor, on second offense a Cl…

Sec. 55.01. AUTHORIZED ACTIVITIES. (a) The holder of a manufacturer's agent's warehousing permit may: (1) receive malt beverages from the holder of a nonresident brewer's license and store the alcoholic beverages on the permitted premises; (2) ship, cause to be shipped, sell, and…

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 State…

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., …

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 the…

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 …

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 am…

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, 2…

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 …

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 inform…

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.

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 alcoho…

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 …

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 …

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 perm…

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 enc…

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…

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 thi…

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 supp…

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. R…

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…

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 a…

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 a…

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 distributio…

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 wh…

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, mus…

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…