2005 Texas Alcoholic Beverage Code CHAPTER 31. CATERER\'S PERMIT

ALCOHOLIC BEVERAGE CODE

CHAPTER 31. CATERER'S PERMIT


	§ 31.01. AUTHORIZED ACTIVITIES.  The holder of a 
caterer's permit may sell mixed beverages on a temporary basis at a 
place other than the premises for which the holder's mixed beverage 
permit is issued only in:
		(1)  an area where the sale of mixed beverages has been 
authorized by a local option election;  or
		(2)  an area that:                                                            
			(A)  is adjacent to a county with a home-rule 
municipality with a population of more than 350,000:
				(i)  that has in its charter a provision 
allowing for limited purpose annexation for zoning;
				(ii)  that has previously disannexed 
territory annexed for limited purposes;  and
				(iii)  that allows the sale of mixed 
beverages;                           
			(B)  does not comprise an entire county;  and                                
			(C)  is not within the corporate limits of a 
municipality.                 

Acts 1977, 65th Leg., p. 434, ch. 194, § 1, eff. Sept. 1, 1977.  
Amended by Acts 1993, 73rd Leg., ch. 934, § 39, eff. Sept. 1, 
1993.


	§ 31.02. FEE.  The annual state fee for a caterer's permit 
is $500.       

Acts 1977, 65th Leg., p. 434, ch. 194, § 1, eff. Sept. 1, 1977.  
Amended by Acts 1983, 68th Leg., p. 1347, ch. 278, § 21, eff. 
Sept. 1, 1983.


	§ 31.03. ISSUANCE OF PERMIT.  (a) A caterer's permit may 
be issued only to the holder of a mixed beverage permit.
	(b)  The commission shall adopt rules and regulations 
governing the application for and the issuance and use of caterer's 
permits.
	(c)  The provisions of this code which apply to the 
application for and issuance of other permits do not apply to the 
application for and issuance of a caterer's permit.

Acts 1977, 65th Leg., p. 434, ch. 194, § 1, eff. Sept. 1, 1977.            


	§ 31.04. APPLICATION OF PROVISIONS REGULATING MIXED 
BEVERAGE PERMITS.  (a) A caterer's permit is auxiliary to the 
primary mixed beverage permit held by the permittee.
	(b)  The restrictions and regulations which apply to the sale 
of mixed beverages on the licensed premises also apply to the sale 
under the authority of a caterer's permit, and any act that is 
prohibited on the licensed premises is also prohibited when the 
permittee is operating other than on the licensed premises under a 
caterer's permit.
	(c)  Any act which if done on the licensed premises would be a 
ground for cancellation or suspension of the mixed beverage permit 
is a ground for cancellation of both the mixed beverage permit and 
the caterer's permit if done when the permittee is operating away 
from the licensed premises under the authority of the caterer's 
permit.
	(d)  All receipts from the sale of mixed beverages under the 
authority of the caterer's permit shall be treated for tax purposes 
as if they were made under the authority of the primary permit.
	(e)  If the primary permit ceases to be valid for any reason, 
the caterer's permit ceases to be valid.
	(f)  All provisions of this code applicable to the primary 
permit and not inconsistent with this chapter apply to a caterer's 
permit.

Acts 1977, 65th Leg., p. 434, ch. 194, § 1, eff. Sept. 1, 1977.            


	§ 31.05. USE OF PERMIT IN MARINE PARK.  (a) In this 
section, "marine park" means an enclosed, restricted access area of 
not less than 245 acres nor more than 255 acres in a county with a 
population of over 950,000, which area constitutes a facility 
operated for the education or entertainment of the public involving 
the display of live fish, marine animals, and related aquatic, food 
service, and amusement activities and which holds appropriate 
permits issued by state and federal regulatory agencies authorizing 
the keeping of live fish, marine animals, or endangered species.
	(b)  The authority to use a caterer's permit in a marine park 
is limited to the holders of those permits who in their operations 
under their primary mixed beverage permits do not utilize the 
privilege granted by Section 11.49(b)(2) of this code to share 
premises, employees, business facilities, and services.
	(c)  Holders of caterer's permits meeting the requirements 
of Subsection (b) of this section and complying with all other 
provisions of this section may utilize their caterer's permits for 
indefinite periods anywhere in the marine park even though the 
ownership of the buildings and grounds on which the permit is to be 
used may be in an entity that, either directly or by affiliation, 
has an ownership interest in the holder of a manufacturer's license 
or a brewer's permit or both;  provided, however, that the caterer 
shall not give any preferential treatment to the brand or brands in 
which the site owner may have an interest.
	(d)  For purposes of this section, preferential treatment is 
any practice by the caterer that, on the basis of information 
officially reported to the commission, results in sales of 
beverages identifiable with the site owner made by the caterer in 
the marine park during a calendar year that in the aggregate exceed 
by more than five percent the aggregate percentage share of the same 
brand or brands sold during the prior calendar year within the 
county in which the marine park is located;  provided, however, that 
the computation may exclude sales made on those occasions when a 
caterer's permit is used to provide service for a private party 
where specific beverages are ordered and the total charges for 
those beverages are paid by only one person or entity.
	(e)  The consideration to be paid by the caterer's permit 
holder to the owner or operator of the marine park for the right to 
sell alcoholic beverages therein may not be made dependent to any 
degree on the sales volume of any specific brand or brands or on the 
number of containers of beverages identified with any particular 
producer.
	(f)  The wilful sharing of employees, business machines, or 
services between the holder of the caterer's permit and the owner of 
the marine park or any affiliate of the owner is grounds for 
immediate revocation of the authority of the caterer's permit 
holder to provide service in the marine park.
	(g)  The commission or administrator may suspend for not more 
than 60 days or cancel the primary mixed beverage permit of any 
holder of a caterer's permit who violates this section.
	(h)  In the event that a marine park owner having, either 
directly or by affiliation, an ownership interest in the holder of a 
manufacturer's license or a brewer's permit or both is found to have 
violated or to have conspired with any other permittee or licensee 
to violate this section, the commission or administrator may 
suspend for not more than 60 days the permit or license or both or 
may revoke the authority of any holder of a caterer's permit to 
provide service in the marine park.
	(i)  Any permittee or licensee whose business or property is 
injured by a violation of this section may bring suit in any 
district court in the county in which the violation is alleged to 
have occurred to require enforcement by injunctive relief or to 
recover three times the actual damages incurred or for both 
injunctive relief and treble damages.  The court in its discretion 
may allow the prevailing party its court costs and reasonable and 
necessary attorney's fees incurred in the defense or prosecution of 
such an action.

Added by Acts 1990, 71st Leg., 6th C.S., ch. 7, § 1, eff. June 14, 
1990.