(A) Manufactured, distributed, bought, sold, bottled, rectified, blended, treated, fortified, mixed, processed, warehoused, stored, possessed, imported, or transported in violation of this code.
(B) On which a tax imposed by the laws of this state has not been paid and to which the tax stamp, if required, has not been affixed; or
(C) Possessed, kept, stored, owned, or imported, with intent to manufacture, sell, distribute, bottle, rectify, treat, blend, fortify, mix, process, warehouse, store, or transport in violation of code.
In other words, this is any beverage handled in violation of the Alcoholic Beverage Code.
(a) No person who has not first obtained a permit of the type required by the privilege exercised may, in a wet area, do any of the following:
(1) manufacture, distill, brew, sell, possess for the purpose of sale, import into this state, export from this state, transport, distribute, warehouse, or store liquor;
(2) solicit or take orders for liquor; or
(3) for the purpose of sale, bottle rectify, blend, treat, fortify, mix, or process liquor
(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 than two fluid ounces or of any legal size; and
(2) from unsealed containers.
(b) The holder of a mixed beverage permit for an establishment in a hotel may deliver mixed beverages, including wine and beer, to individual rooms of the hotel or to any other location in the hotel building or grounds, except a parking area or the licensed premises of another alcoholic beverage establishment, without regard to whether the place of delivery is part of the licensed premises. A permittee in a hotel may allow a patron or visitor to enter or leave the licensed premises, even though the patron or visitor possesses an alcoholic beverage, if the beverage is in an open container and appears to be possessed for present consumption.
(c) The holder of a mixed beverage permit may also:
(1) purchase wine, beer, ale, and malt liquor containing alcohol of not more than 21 percent by volume in containers of any legal size from any permittee or licensee authorized to sell those beverages for resale; and
(2) sell the wine, beer, ale, and malt liquor for consumption on the licensed premises.
(a) No person may sell, offer for sale, or deliver beer at any time not permitted by this section.
(b) A person may sell, offer for sale, or deliver beer between 7 AM and midnight on any day except Sunday. On Sunday he may sell beer between midnight and 1:00 AM and between noon and midnight, except that permittees or licensees authorized to sell for on-premise consumption may sell beer between 10:00 AM 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 AM on any day.
(d) In a city or county other than a city or county described by Subsection (c), the extended hours prescribed in Subsection (c) of this section, or any part of the extended hours prescribed in Subsection (c) of this section are effective for the sale, offer to sell, and delivery of beer by a holder of a retail dealer's on-premise late hours license:
(1) in the unincorporated areas of the county if the extended hours are adopted by an order of the commissioners court; and
(2) in an incorporated city or town if the extended hours are adopted by an ordinance of the governing body of the city or town.
(e) A violation of a city ordinance or order of a commissioners court adopted pursuant to Subsection (d) of this section is a violation of this code.
(a) Except as provided in Subsection (b) of this section, a person commits an offense if he purchases an alcoholic beverage for or gives or with criminal negligence makes available an alcoholic beverage to a minor. (b) A person may purchase an alcoholic beverage for or give an alcoholic beverage to a minor if the person is: (1) the minor's adult parent, guardian, or spouse, or an adult in whose custody the minor has been committed by a court, and is visibly present when the minor possesses or consumes the alcoholic beverage; or (2) a person lawfully providing an alcoholic beverage to a minor under Section 106.16. (c) An offense under this section is a Class A misdemeanor. (d) A judge, acting under Chapter 42A, Code of Criminal Procedure, who places a defendant charged with an offense under this section on community supervision under that chapter shall, if the defendant committed the offense at a gathering where participants were involved in the abuse of alcohol, including binge drinking or forcing or coercing individuals to consume alcohol, in addition to any other condition imposed by the judge: (1) require the defendant to: (A) perform community service for not less than 20 or more than 40 hours; and (B) attend an alcohol awareness program approved under Section 106.115; and (2) order the Department of Public Safety to suspend the driver's license or permit of the defendant or, if the defendant does not have a driver's license or permit, to deny the issuance of a driver's license or permit to the defendant for 180 days.
(e) Community service ordered under Subsection (d) is in addition to any community service ordered by the judge under Article 42A.304, Code of Criminal Procedure, and must be related to education about or prevention of misuse of alcohol if programs or services providing that education are available in the community in which the court is located. If programs or services providing that education are not available, the court may order community service that the court considers appropriate for rehabilitative purposes.
1st EditionCarl A. Woloszyk, Grady Kimbrell, Lois Schneider Farese
6th EditionMcGraw-Hill Education
10th EditionElliot Aronson, Robin M. Akert, Samuel R. Sommers, Timothy D. Wilson
15th EditionJohn David Jackson, Patricia Meglich, Robert Mathis, Sean Valentine