Title AL, Alcoholic Beverage Code

Sec. 103.07. BEVERAGE OF ILLICIT MANUFACTURE OR UNFIT FOR CONSUMPTION. (a) The commission may not sell alcoholic beverages seized by a peace officer, as provided in Section 103.03, that are unfit for public consumption or are of illicit manufacture. (b) Alcoholic beverages are un…

Sec. 103.08. SALE OF MALT BEVERAGE. (a) Any malt beverage, its container, or its packaging which is seized under the terms of this chapter shall be disposed of in accordance with this section. (b) On notification that the malt beverage has been seized, the commission shall prompt…

Sec. 103.09. SALE OF LIQUOR. (a) Any liquor, its container, or its packaging which is seized under the terms of this chapter shall be disposed of in accordance with this section. (b) On notification that liquor has been seized, the commission shall promptly notify a holder of a w…

Sec. 103.10. EXERCISE OF DISCRETION IN CASE OF MISTAKE. (a) The preceding sections of this subchapter shall not be construed as preventing the commission from exercising its discretion if illicit alcoholic beverages are seized as the result of an accidental shipment or other reas…

Sec. 103.11. PROCEEDS FROM SALE. (a) The proceeds from the sale of seized alcoholic beverages, their containers, and their packaging shall be placed in escrow in a suspense account established by the commission for that purpose, pending the outcome of the forfeiture suit provided…

Sec. 103.12. CEILING PRICES DURING EMERGENCY. If the federal government provides a method by which illicit alcoholic beverages or other property belonging to or forfeited to the state is sold at ceiling prices during a national emergency, the commission may comply with federal la…

Sec. 103.13. BONDING OF SEIZED VEHICLES PENDING SUIT. Any person with an ownership or a security interest in a vehicle that has been seized under Section 103.03 may recover possession of the vehicle pending suit for forfeiture by executing a bond with surety equal to double the a…

Sec. 103.14. INSTITUTION OF SUIT FOR FORFEITURE. (a) The attorney general or the county or district attorney in the county in which a seizure is made shall institute a suit for forfeiture of the property or the proceeds in escrow from any sale of illicit beverages, or both, when …

Sec. 103.15. NOTICE OF FORFEITURE SUIT. (a) Notice of the pendency of a suit for forfeiture under this chapter shall be served in the manner prescribed by law on any person in possession of the property at the time of seizure. (b) If no person was in possession at the time of sei…

Sec. 103.16. FORFEITURE OF A SEIZED VEHICLE. (a) In a suit for forfeiture of a vehicle seized under Section 103.03 of this code, the state shall have the burden of proving that the vehicle was used to transport an illicit beverage and that all intervenors under Subsection (b) of …

Sec. 103.17. FORFEITURE OF OTHER SEIZED PROPERTY. (a) In any suit for forfeiture of proceeds in escrow from a sale of illicit beverages or of property other than vehicles, or both, seized under Section 103.03 of this code, the state shall have the burden of proving that: (1) the …

Sec. 103.18. INTERVENTION BY SECURED CREDITORS. (a) In any suit for forfeiture of proceeds in escrow from any sale of illicit beverages or of property other than vehicles, or both, seized under Section 103.03 of this code, any person who has a security interest in any of the seiz…

Sec. 103.19. TRANSFER OF SECURITY INTERESTS. All security interests in property sold under this chapter shall be transferred to the proceeds of the sale. Acts 1977, 65th Leg., p. 509, ch. 194, Sec. 1, eff. Sept. 1, 1977.

Sec. 103.20. DISPOSITION OF FORFEITED PROPERTY. (a) The commission may sell property, other than proceeds in escrow, forfeited to the state at a public or private sale in the manner the commission considers best. (b) If in the opinion of the commission or the administrator the pr…

Sec. 103.21. BILL OF SALE TO PURCHASER. When executing a sale under this chapter, the commission or the sheriff or constable shall issue a bill of sale to each purchaser of property. The bill of sale shall convey a valid and unimpaired title in the property to the purchaser. Acts…

Sec. 103.22. COSTS OF FORFEITURE SUITS. The commission is entitled to recover from the proceeds of a forfeiture sale all costs of a forfeiture suit brought under this chapter, including: (1) all usual court costs, including the cost of serving process; (2) expenses of the forfeit…

Sec. 103.23. ALLOCATION OF PROCEEDS OF SALE. Proceeds from a forfeiture sale and proceeds in escrow which are forfeited to the state in a forfeiture suit shall be disposed of by depositing 35 percent of the proceeds in a separate fund in the state treasury designated as the confi…

Sec. 104.01. LEWD, IMMORAL, INDECENT CONDUCT. (a) A person authorized to sell malt beverages at retail, or the person's agent, servant, or employee, may not engage in or permit conduct on the premises of the retailer which is lewd, immoral, or offensive to public decency, includi…

Sec. 104.03. CONSPIRACY; ACCEPTING UNLAWFUL BENEFIT. A retail dealer or his agent, servant, or employee commits an offense if he conspires with another person to violate or accepts the benefits of a violation of this code or a valid rule of the commission. Acts 1977, 65th Leg., p…

Sec. 104.04. DRAFT MALT BEVERAGE DISPENSER: SIGN REQUIRED. A retail dealer may not dispense draft malt beverages unless each faucet or other dispensing apparatus is equipped with a sign clearly indicating the name or brand of the product being dispensed through the faucet or appa…

Sec. 104.05. SALE IN ORIGINAL PACKAGING. (a) This section applies to a permittee or licensee who is authorized to sell malt beverages to an ultimate consumer for consumption off the permitted or licensed premises. (b) The holder of a permit or license described in Subsection (a) …

Sec. 104.06. MONITORING OF GROSS RECEIPTS. (a) On the issuance and renewal of a license or permit that allows on-premises consumption of any alcoholic beverage the commission shall determine whether the holder receives, or for the issuance of a license or permit is to receive, 51…

Sec. 104.07. POSTING OF CERTAIN NOTICES REQUIRED. (a) The holder of a permit or license under Chapter 25, 26, 28, 32, 69, or 71, other than the holder of a food and beverage certificate, shall display a sign containing the following notice in English and in Spanish: WARNING: Obta…

Sec. 105.01. HOURS OF SALE: LIQUOR. (a) Except as provided in Sections 105.02, 105.03, 105.04, 105.08, and 105.091, no person may sell, offer for sale, or deliver any liquor: (1) on New Year's Day, Thanksgiving Day, or Christmas Day; (2) on Sunday; or (3) before 10 a.m. or after …

Sec. 105.02. HOURS OF SALE: WHOLESALERS AND LOCAL DISTRIBUTORS TO RETAILERS. (a) A holder of a wholesaler's permit may sell, offer for sale, or deliver liquor to a retailer anytime except Sunday and Christmas Day. (b) A local distributor's permittee may sell, offer for sale, or d…

Sec. 105.03. HOURS OF SALE: MIXED BEVERAGES. (a) No person may sell or offer for sale mixed beverages at any time not permitted by this section. (b) A mixed beverage permittee may sell and offer for sale mixed beverages between 7 a.m. and midnight on any day except Sunday. On Sun…

Sec. 105.04. HOURS OF SALE: WINE AND MALT BEVERAGE RETAILER. The hours of sale and delivery for alcoholic beverages sold under a wine and malt beverage retailer's permit or a wine and malt beverage retailer's off-premise permit are the same as those prescribed for the sale of mal…

Sec. 105.05. HOURS OF SALE: MALT BEVERAGES. (a) A person may sell, offer for sale, or deliver malt beverages only at a time permitted by this section. (b) A person may sell, offer for sale, or deliver malt beverages between 7 a.m. and midnight on any day except Sunday. On Sunday …

Sec. 105.051. SALE OF MALT BEVERAGES BY DISTRIBUTOR'S LICENSEE. The holder of a general or branch distributor's license may sell, offer for sale, or deliver malt beverages 24 hours a day Monday through Saturday and between midnight and 1 a.m. and between noon and midnight on Sund…

Sec. 105.06. HOURS OF CONSUMPTION. (a) In this section: (1) "Extended hours area" means an area subject to the extended hours of sale provided in Section 105.03 or 105.05 of this code. (2) "Standard hours area" means an area which is not an extended hours area. (a-1) For the purp…

Sec. 105.07. HOURS OF SALE AND CONSUMPTION: SPORTS VENUE. (a) In this section, "sports venue" means a public entertainment facility property, as defined by Section 108.73, that is primarily designed and used for live sporting events. (b) Notwithstanding any other provision of thi…

Sec. 105.08. HOURS OF SALE AND CONSUMPTION: WINERY. The holder of a winery permit may sell, offer for sale, and deliver wine, and a person may consume wine on the premises of a winery: (1) between 8 a.m. and midnight on any day except Sunday; (2) between 10 a.m. and midnight on S…

Sec. 105.081. HOURS OF SALE AND CONSUMPTION: DISTILLERY. (a) The holder of a distiller's and rectifier's permit may sell and offer for sale distilled spirits for on-premises consumption and a person may consume distilled spirits on the permitted premises during the same hours mix…

Sec. 105.082. HOURS OF SALE AND CONSUMPTION: BREWER. The holder of a brewer's license may sell, offer for sale, and deliver malt beverages and a person may consume malt beverages on the brewer's premises: (1) between 8 a.m. and midnight on any day except Sunday; and (2) between 1…

Sec. 105.09. HOURS OF SALE AND CONSUMPTION: CERTAIN EVENTS. Notwithstanding any other provision of this code, in addition to any other period during which the sale and consumption of alcohol is authorized under this code: (1) a licensed or permitted premises located at a festival…

Sec. 105.091. HOURS OF SALE; HOTEL BAR. (a) In this section, "hotel bar" means an establishment that is located in a hotel and holds a permit or license providing for the on-premises consumption of alcoholic beverages. (b) Notwithstanding any other law, a hotel bar may sell or of…

Sec. 105.10. PENALTY. (a) A person commits an offense if the person, in violation of this chapter or Section 32.17(a)(7): (1) sells or offers for sale an alcoholic beverage during prohibited hours; or (2) consumes or permits the consumption of an alcoholic beverage on the person'…

Sec. 106.01. DEFINITION. In this code, "minor" means a person under 21 years of age. Acts 1977, 65th Leg., p. 513, ch. 194, Sec. 1, eff. Sept. 1, 1977. Amended by Acts 1981, 67th Leg., p. 257, ch. 107, Sec. 8, eff. Sept. 1, 1981; Acts 1985, 69th Leg., ch. 285, Sec. 8, eff. Sept. …

Sec. 106.02. PURCHASE OF ALCOHOL BY A MINOR. (a) A minor commits an offense if the minor purchases an alcoholic beverage. A minor does not commit an offense if the minor purchases an alcoholic beverage under the immediate supervision of a commissioned peace officer engaged in enf…

Sec. 106.025. ATTEMPT TO PURCHASE ALCOHOL BY A MINOR. (a) A minor commits an offense if, with specific intent to commit an offense under Section 106.02 of this code, the minor does an act amounting to more than mere preparation that tends but fails to effect the commission of the…

Sec. 106.03. SALE TO MINORS. (a) A person commits an offense if with criminal negligence he sells an alcoholic beverage to a minor. (b) A person who sells a minor an alcoholic beverage does not commit an offense if the minor falsely represents himself to be 21 years old or older …

Sec. 106.04. CONSUMPTION OF ALCOHOL BY A MINOR. (a) A minor commits an offense if he consumes an alcoholic beverage. (b) It is an affirmative defense to prosecution under this section that the alcoholic beverage was consumed in the visible presence of the minor's adult parent, gu…

Sec. 106.041. DRIVING OR OPERATING WATERCRAFT UNDER THE INFLUENCE OF ALCOHOL BY MINOR. (a) A minor commits an offense if the minor operates a motor vehicle in a public place, or a watercraft, while having any detectable amount of alcohol in the minor's system. (b) Except as provi…

Sec. 106.05. POSSESSION OF ALCOHOL BY A MINOR. (a) Except as provided in Subsection (b) of this section, a minor commits an offense if he possesses an alcoholic beverage. (b) A minor may possess an alcoholic beverage: (1) while in the course and scope of the minor's employment if…

Sec. 106.06. PURCHASE OF ALCOHOL FOR A MINOR; FURNISHING ALCOHOL TO A MINOR. (a) Except as provided in Subsection (b), a person commits an offense if the person purchases an alcoholic beverage for or gives an alcoholic beverage to a minor. (b) A person may purchase an alcoholic b…

Sec. 106.07. MISREPRESENTATION OF AGE BY A MINOR. (a) A minor commits an offense if he falsely states that he is 21 years of age or older or presents any document that indicates he is 21 years of age or older to a person engaged in selling or serving alcoholic beverages. (b) An o…