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TX Alcoholic Beverage Code 246

Terms in this set (72)

Alcoholic Beverage
Alcohol or any beverage containing more than one-half of one percent of alcohol by volume.
Distilled Spirits
Alcohol or any liquor produced in whole or in part by the process of distillation and includes spirit coolers that may have an alcohol content as low as 4% alcohol by volume.
Illicit Beverage
An alcoholic beverage imported or transported in violation of the code; on which a tax imposed by the laws of this state has not been paid and to which the tax stamp hasn't been applied.
Permittee
A person who is the holder of a permit for liquor or any agent, servant, or employee of that person.
Licensee
A person who is the holder of a license for beer or any agent, servant, or employee of that person.
Beer
A malt beverage containing more than 1/2 of 1% of alcohol by volume and not more than 4% of alcohol by weight.
Ale or Malt Liquor
A malt beverage containing more than 4% alcohol by weight.
Mixed Beverage
A beverage in which two or more ingredients are mixed.
Wine Cooler
A bottled drink made from wine, fruit juice, and carbonated water.
Wine and Vinous Liquor
The product obtained from the alcoholic fermentation of juice of sound ripe or dried grapes, fruits, berries or honey.
What is needed by TABC to take administrative action?
Date, Time, Location, reason for being on premise, primary observations, ID of persons involved, statements, evidence, arrests, completion of reports.
101.07 Peace Officer...
All peace officers in the state SHALL enforce the provisions of this code and cooperate with and assist the commission in detecting violations and apprehending offenders.
1.05 General Penalty
A person who violates a provision of this code for which a "specific penalty" is not provided is guilty of a misdemeanor and on conviction is punishable by a fine of not less than $100 nor more than $1000 OR by confinement in the county jail for not more than one year OR both.
5.331 Public Disturbance Reports
Local law enforcement agencies in each county with a population of 3.3 million or more shall send to the commission reports and other data concerning shootings, stabbings, and other public disturbances that occur on the premises of a permittee or licensee. The reports and data shall be incorporated into the record of the permittee or licensee.
11.01 Permit Required
A person may manufacture, distill, brew, sell, import, export, transport, distribute, warehouse, store, possess, possess for the purpose of sale, bottle, rectify, blend, treat, fortify, mix, or process liquor, or possess equipment or material designed for or capable of use for manufacturing liquor, if the right or privilege of doing so is granted by this code.
11.04 Must Display Permit
All permits shall be displayed in a conspicuous place at all times on the licensed premises.
11.041 Warrning Sign Required
Each holder of a permit shall display in a prominent place on the permit holder's premises a sign giving notice that it is unlawful for a person to carry a weapon on the premises unless the weapon is a [concealed and a police officer. If more than 51% of profit is from Alcohol sales.
11.042 Health Risks Warning Sign
The commission by rule shall require the holder of a permit authorizing the sale of alcoholic beverages for on-premises consumption to display a warning sign on the door to each restroom on the permitted premises that informs the public of the risks of drinking alcohol during pregnancy.
11.06 Privlages Limited to Licensed Premises
No person may use a permit or exercise any privileges granted by the permit except at the place, address, premises, or location for which the permit is issued, except as otherwise provided by this code.
22.10 Opening Containers Prohibited
Except as authorized under Section 52.01 of this code, no person may break or open a container containing liquor or beer or possess an opened container of liquor or beer on the premises of a package store.
22.11 Consumption on Premises Prohibited
Except as authorized under Section 52.01, no person may sell, barter, exchange, deliver, or give away any drink or drinks of alcoholic beverages from a container that has been opened or broken on the premises of a package store.
22.13 Age of package store employees
A package store permittee may not knowingly utilize or employ any person under the age of 21 to work on the premises of a package store in any capacity or to deliver alcohol off the premises of a package store. This section shall not apply to a person who is employed by the person's parent or legal guardian to work in a package store that is owned by the parent or legal guardian.
22.17 Sale to customer in store at closing
Notwithstanding any other provision of this code, if a customer has entered a package store during hours in which the package store may sell alcohol and is still in the store at the time the hours of legal sale end, the permittee may allow the customer to remain in the store for a reasonable amount of time to finish shopping, and the permittee may sell an alcoholic beverage to that customer even though the sale occurs after the designated end of the hours of legal sale.
25.01 Wine and Beer Retailers Permit Authorized Activities
The holder of a wine and beer retailer's permit may
sell:
(1) for consumption on or off the premises where sold, but not for resale, wine, beer, and malt liquors containing alcohol in excess of one-half of one percent by volume and not more than 17 percent by volume; and
(2) for consumption on the premises traditional port or sherry containing alcohol in excess of one-half of one percent by volume and not more than 24 percent by volume.
26.01 Wine and Beer Retailer's Off Premises Permit Authorized Activiteis
The holder of a wine and beer retailer's off- premise permit may sell for off-premises consumption only, in unbroken original containers, but not for resale, wine, beer, and malt liquors containing alcohol in excess of one-half of one percent by volume but not more than 17 percent by volume.
28.01 Mixed Beverage Permit
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:
May also purchase wine, beer, ale, and malt liquor containing alcohol of not more than 21
percent by volume in containers of any legal size.
28.081 Substitution of brand without consent of consumer prohibited
commits an offense if the holder, agent, servant, or employee substitutes one brand of alcoholic beverage for a brand that has been specifically requested by a consumer, unless the consumer is notified and consents to the substitution.
1.04 Consignment Sale
the delivery of alcoholic beverages under an agreement, arrangement, condition, or system by which the person receiving the beverages has the right at any time to relinquish possession to them or to return them to the shipper and in which title to the beverages remains in the shipper
1.04 Alcoholic Beverage
means alcohol, or any beverage containing more than one-half of one percent of alcohol by volume, which is capable of use for beverage purposes, either alone or when diluted.
1.04 Distilled Spirits
means alcohol, spirits of wine, whiskey, rum, brandy, gin, or
any liquor produced in whole or in part by the process of distillation, including all dilutions or mixtures of them, and includes spirit coolers that may have an alcoholic content as low as four percent alcohol by volume and that contain plain, sparkling, or carbonated water and may also contain one or more natural or artificial blending or flavoring ingredients.
29.01 Mixed Beverage Late Hours permit
The holder of a mixed beverage late hours permit may sell mixed beverages on Sunday between the hours of 1:00 a.m. and 2 a.m. and on any other day between the hours of 12 midnight and 2 a.m. if the premises covered by the permit are in an area where the sale of mixed beverages during those hours is authorized by this code.
61.01 License Required General Provision
No person may manufacture or brew beer for the purpose of sale, import it into this state, distribute or sell it, or possess it for the purpose of sale without having first obtained an appropriate license or permit as provided in this code. Each licensee shall display his license at all times in a conspicuous place at the licensed place of business.
69.01 Retail Dealers On Premises License
The holder of a retail dealer's on-premise license may sell beer in or from any lawful container to the ultimate consumer for consumption on or off the premises where sold. The licensee may not sell beer for resale.
70.01 Retail Dealers On Premises Late Hours License
The holder of a retail dealer's on-premise late hours license may sell beer for consumption on the premises on Sunday between the hours of 1:00 a.m. and 2 a.m. and on any other day between the hours of 12 p.m. and 2 a.m.
71.01 Retail Dealers Off Premises License
The holder of a retail dealer's off-premise license may sell beer in lawful containers to consumers, but not for resale and not to be opened or consumed on or near the premises where sold.
101.63 Sale to certain persons
A person commits an offense if the person with criminal negligence sells an alcoholic beverage to an habitual drunkard or an intoxicated or insane person.
(b) Except as provided in Subsection (c) of this section, a violation of this section is a misdemeanor punishable by a fine of not less than $100 nor more than $500, by confinement in jail for not more than one year, or by both.
101.71 Inspection of Vehicle
No holder of a permit issued under Title 3, Subtitle A, of this code, may refuse to allow the commission or its authorized representative or a peace officer, on request, to make a full inspection, investigation, or search of any vehicle.
101.72 CONSUMPTION OF ALCOHOLIC BEVERAGE ON PREMISES LICENSED FOR OFF-PREMISES CONSUMPTION
A person commits an offense if the person knowingly consumes liquor or beer on the premises of a holder of a wine and beer retailer's off-premise permit or a retail dealer's off-premise license.
103.01 Illicit Beverages Prohibited
No person may possess, manufacture, transport, or sell an illicit beverage.
103.03. SEIZURE OF ILLICIT BEVERAGES, ETC.
A peace officer may seize without a warrant:
beverage;
(1) any illicit beverage, its container, and its packaging;
(2) any vehicle, including an aircraft or watercraft, used to transport an illicit
(3) any equipment designed for use in or used in manufacturing an illicit beverage; or
(4) any material to be used in manufacturing an illicit beverage.
105.01 Hours of Sale
Except as provided in Sections 105.02, 105.03, 105.04, and 105.08, 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 9 p.m. on any other day.
(b) When Christmas Day or New Year's Day falls on a Sunday, Subsection (a) of this section applies to the following Monday.
105.03 Hours of Sale Mixed Beverage
(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 Sunday he may sell mixed beverages between midnight and 1:00 a.m. and between 10 a.m. and midnight, except that an alcoholic beverage served to a customer between 10 a.m. and 12 noon on Sunday must be provided during the service of food to the customer.
(c) In a city or county having a population of 800,000 or more, according to the last preceding federal census, or 500,000 or more, according to the 22nd Decennial Census of the United States, as released by the Bureau of the Census on March 12, 2001, a holder of a mixed beverage late hours permit may also sell and offer for sale mixed beverages between midnight and 2 a.m. on any day.
105.04 Hours of Sale WIne & Beer Retailers
The hours of sale and delivery for alcoholic beverages sold under a wine and beer retailer's permit or a wine and beer retailer's off-premise permit are the same as those prescribed for the sale of beer under Section 105.05 of this code, except that no sale shall be allowed between 2 a.m. and noon on Sunday.
105.05 Hours of Sale Beer
A person may sell, offer for sale, or deliver beer between 7 a.m. and midnight on any day except Sunday. On Sunday he may sell beer between midnight and 1:00 a.m. and between noon and midnight, except that permittees or licensees authorized to sell for on-premise consumption may sell beer between 10:00 a.m. and noon if the beer is served to a customer during the service of food to the customer.
(c) In a city or county having a population of 800,000 or more, according to the last preceding federal census, or 500,000 or more, according to the 22nd Decennial Census of the United States, as released by the Bureau of the Census on March 12, 2001, a holder of a retail dealer's on-premise late hours license may also sell, offer for sale, and deliver beer between midnight and 2 a.m. on any day
105.06 Hours of Consumption
In a standard hours area, a person commits an offense if he consumes or possesses with intent to consume an alcoholic beverage in a public place at any time on Sunday between 1:15 a.m. and 12 noon or on any other day between 12:15 a.m. and 7 a.m.
(c) In an extended hours area, a person commits an offense if he consumes or possesses with intent to consume an alcoholic beverage in a public place at any time on Sunday between 2:15 a.m. and 12 noon and on any other day between 2:15 a.m. and 7 a.m.
(d) Proof that an alcoholic beverage was possessed with intent to consume in violation of this section requires evidence that the person consumed an alcoholic beverage on that day in violation of this section.
(e) An offense under this section is a Class C misdemeanor.
105.10 Penalty
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's
licensed or permitted premises during prohibited hours.
(b) An offense under this section is a Class A misdemeanor.
106.02 Purchase of Alcohol By A Minor
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 enforcing the provisions of this code.
106.025 Attempt to purchase Alcohol by minor
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 offense intended.
106.03 Sale to Minors
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 by displaying an apparently valid proof of identification that contains a physical description and photograph consistent with the minor's appearance, purports to establish that the minor is 21 years of age or older, and was issued by a governmental agency. The proof of identification may include a driver's license or identification card issued by the Department of Public Safety, a passport, or a military identification card.
(c) An offense under this section is a Class A misdemeanor.
106.06 Purchasing Alcohol for a Minor; Furnishing Alcohol to a Minor
a person commits an offense if he purchases an alcoholic beverage for or gives or makes available an alcoholic beverage to a minor with criminal negligence. Unless the minor's adult parent, guardian, or spouse, or an adult in whose custody the minor has been committed by a court, and [he] is visibly present when the minor possesses or consumes the alcoholic beverage
106.07 Misrepresentation of age by a Minor
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.
103.04 Illicit Beverage Arrest of Person in Posession
A peace officer may arrest without a
warrant any person found in possession of:
(1) an illicit beverage;
(2) any equipment designed for use in or used in manufacturing an illicit beverage; or
(3) any material to be used in manufacturing an illicit beverage.
109.33 Sales near schools, churches, Hospitals
prohibiting the sale of alcoholic beverages by a dealer whose place of business is within:
(1) 300 feet of a church, public or private school, or public hospital;
(2) 1,000 feet of a public school, if the commissioners court or the governing body
receives a request from the board of trustees of a school district under Section 38.007, Education Code [Refer to Appendix for this citation]; or
(3) 1,000 feet of a private school if the commissioners court or the governing body receives a request from the governing body of the private school.
109.331 Sales near a child-care facility or day care
This section applies only to a permit or license holder under Chapter 25, 28, 32, 69, or 74 who does not hold a
food and beverage certificate.
(b) Except as provided by this subsection, the provisions of Section 109.33 relating to a
public school also apply to a day-care center and a child-care facility as those terms are defined by Section 42.002, Human Resources Code [Refer to Appendix for this citation]. Sections 109.33(a)(2) and (c) do not apply to a day-care center or child-care facility.
109.36 Consumption of Alcohol near homeless shelter or substance abuse centers
prohibiting the possession of an open container or the consumption of an alcoholic beverage on a public street, public alley, or public sidewalk within 1,000 feet of the property line of a homeless shelter that is not located in a central business district or a substance
abuse treatment center that is not located in a central business district.
5.001 Administration of Code TX Alcoholic Beverage Commision
The Texas Alcoholic Beverage Commission is an agency of the state.
101.75 Consumption of Alcoholich beverage near a School
A person commits an offense if the person possesses an open container or consumes an alcoholic beverage on a public street, public alley, or public sidewalk within 1,000 feet of the property line of a facility that is a public or private school [Refer to Appendix for this citation], including a parochial school, that provides all or any part of prekindergarten through twelfth grade.
101.02 Arrest without a Warrant
A peace officer may arrest without a warrant any person he observes violating any provision of this code or any rule or regulation of the commission. The officer shall take possession of all illicit beverages the person has in his possession or on his premises as provided in Chapter 103 of this code.
103.03 Seizure of illicit beverages
A peace officer may seize without a warrant:
beverage;
(1) any illicit beverage, its container, and its packaging;
(2) any vehicle, including an aircraft or watercraft, used to transport an illicit
(3) any equipment designed for use in or used in manufacturing an illicit beverage; or
(4) any material to be used in manufacturing an illicit beverage.
103.05 Report of Seizure
A peace officer who makes a seizure under Section 103.03 of this code shall make a report in triplicate which lists each item seized and the place and name of the owner, operator, or other person from whom it is seized. One copy of the report shall be verified by
oath.
106.01 Definition of Minor
In this code, "minor" means a person under 21 years of age.
106.071 Puniushment for Alcohol related offenses by a minor
Class C Misdemeanor
106.05 Possesion of Alcohol by a Minor
Except as provided in Subsection (b) of this section, a minor commits an offense if he possesses an alcoholic beverage.
106.041 Driving or operating a watercraft under the influence of alcohol by a minor
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.
104.01 Lewed Immoral indecent conduct
No person authorized to sell beer at retail, nor the person's [his] agent, servant, or employee, may engage in or permit conduct on the premises of the retailer which is lewd, immoral, or offensive to public decency, including, but not limited to, any of the following acts:
(1) the use of loud and vociferous or obscene, vulgar, or indecent language, or permitting its use;
(2) the exposure of a person or permitting a person to expose himself or herself [his
person];
(3) rudely displaying or permitting a person to rudely display a pistol or other deadly weapon in a manner calculated to disturb persons in the retail establishment;
(4) solicitation of any person to buy drinks for consumption by the retailer or any of the retailer's [his] employees;
(5) being intoxicated on the licensed premises;
(6) permitting lewd or vulgar entertainment or acts;
(7) permitting solicitations of persons for immoral or sexual purposes;
(8) failing or refusing to comply with state or municipal health or sanitary laws or
ordinances; or
(9) possession of a narcotic or any equipment used or designed for the administering of a narcotic or permitting a person on the licensed premises to do so.
(b) For purposes of Subsection (a)(4), a solicitation is presumed if an alcoholic beverage is sold or offered for sale for an amount in excess of the retailer's listed, advertised, or customary price. The presumption may be rebutted only by evidence presented under oath.
106.15 Prohibited Activities by persons younger than 18
A permittee or licensee commits an offense if he employs, authorizes, permits, or induces a person younger than 18 years of age to dance with another person in exchange for a benefit, as defined by Section 1.07, Penal Code [Refer to Appendix for this citation], on the premises covered by the permit or license.
(b) An offense under Subsection (a) is a Class A misdemeanor.
106.09 Employment of Minors
Except as provided by [in] Subsections (b), (c), [and] (e) and (f) [of this section], no person may employ a person under 18 years of age to sell, prepare, serve, or otherwise handle liquor, or to assist in doing so.
(b) A holder of a wine only package store permit may employ a person 16 years old or older to work in any capacity.
(c) A holder of a permit or license providing for the on-premises consumption of alcoholic beverages may employ a person under 18 years of age to work in any capacity other than the actual selling, preparing, or serving of alcoholic beverages.
104.07 Posting of certain notices required
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: Obtaining forced labor or services is a crime under Texas law. Call the national human trafficking hotline: 1-888-373-7888. You may remain anonymous.
101.04 Consent to Inspection; Penalty
By accepting a license or permit, the holder consents to the commission, an authorized representative of the commission, or a peace officer entering the licensed premises at any time to conduct an investigation or inspect the premises for the purpose of performing any duty imposed by this code.
(b) A person commits an offense if the person refuses to allow the commission, an authorized representative of the commission, or a peace officer to enter a licensed or permitted premises as required by Subsection (a). An offense under this section is a Class A misdemeanor.
71.10 Warning Signs Required
Each holder of a retail dealer's off-premise license shall display in a prominent place on his premises a sign stating in letters at least two inches high: IT IS A CRIME (MISDEMEANOR) TO CONSUME LIQUOR OR BEER ON THESE PREMISES.
(b) A licensee who fails to comply with this section commits a misdemeanor punishable by a fine of not more than $25.
1.03 Public Policy
This code is an exercise of the police power of the state for the
protection of the welfare, health, peace, temperance, and safety of the people of the state. It shall be liberally construed to accomplish this purpose.
Governors Code 4.11
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