US Laws, Codes, Statutes & Cases

ALCOHOLIC BEVERAGE CODE

CHAPTER 71. RETAIL DEALER'S OFF-PREMISE LICENSE


	§ 71.01. AUTHORIZED ACTIVITIES.  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.

Acts 1977, 65th Leg., p. 485, ch. 194, § 1, eff. Sept. 1, 1977.            


	§ 71.02. FEE.  The annual state fee for a retail dealer's 
off-premise license is $60.

Acts 1977, 65th Leg., p. 485, ch. 194, § 1, eff. Sept. 1, 1977.  
Amended by Acts 1983, 68th Leg., p. 1351, ch. 278, § 48, eff. 
Sept. 1, 1983.


	§ 71.03. AUTHORITY OF LICENSEE HOLDING PACKAGE STORE 
PERMIT OR WINE ONLY PACKAGE STORE PERMIT.  (a) The holder of a 
retail dealer's off-premise license who also holds a package store 
permit may sell beer directly to consumers by the container, but not 
for resale and not to be opened or consumed on or near the premises 
where sold.
	(b)  The holder of a retail dealer's off-premise license who 
also holds a wine only package store permit may sell beer to 
consumers by the container, but not for resale and not to be opened 
or consumed on or near the premises where sold.
	(c)  The sale of beer by a holder of a retail dealer's 
off-premise license who also holds a package store permit is 
subject to the same restrictions and penalties governing the sale 
of liquor by package stores with regard to:
		(1)  the hours of sale and delivery;                                          
		(2)  blinds and barriers;                                                     
		(3)  employment of persons under the age of 18 or sales 
and deliveries to minors;
		(4)  sales and deliveries on Sunday;  and                                     
		(5)  advertising.                                                             
	(d)  The sale of beer by a holder of a retail dealer's 
off-premise license who also holds a wine only package store permit 
is subject to the same restrictions and penalties governing the 
sale of liquor by package stores with regard to:
		(1)  blinds and barriers;                                                     
		(2)  employment of persons under the age of 18 or sales 
and deliveries to minors;
		(3)  delivery to the licensee or permittee on Sunday;  
and                  
		(4)  advertising.                                                             

Acts 1977, 65th Leg., p. 485, ch. 194, § 1, eff. Sept. 1, 1977.  
Amended by Acts 1979, 66th Leg., p. 54, ch. 33, § 6, eff. Jan. 1, 
1980;  Acts 1981, 67th Leg., p. 257, ch. 107, § 7, eff. Sept. 1, 
1981;  Acts 1987, 70th Leg., ch. 303, § 2, eff. June 11, 1987.


	§ 71.04. POSSESSION OF CERTAIN BEVERAGES PROHIBITED.  No 
retail dealer's off-premise licensee, nor his officer, may possess 
liquor containing alcohol in excess of 14 percent by volume on the 
licensed premises.

Acts 1977, 65th Leg., p. 486, ch. 194, § 1, eff. Sept. 1, 1977.            


	§ 71.05. ACQUISITION OF BEVERAGES FOR RESALE FROM OTHER 
LICENSEES PROHIBITED.  No holder of a retail dealer's off-premise 
license may borrow or acquire from, exchange with, or loan to any 
other holder of a retail dealer's off-premise license or holder of a 
retail dealer's on-premise license any alcoholic beverage for the 
purpose of resale.

Acts 1977, 65th Leg., p. 486, ch. 194, § 1, eff. Sept. 1, 1977.            


	§ 71.06. STORING OR POSSESSING BEER OFF PREMISES 
PROHIBITED.  No holder of a retail dealer's off-premise license may 
own, possess, or store beer for the purpose of resale except on the 
licensed premises.

Acts 1977, 65th Leg., p. 486, ch. 194, § 1, eff. Sept. 1, 1977.            


	§ 71.07. EXCHANGE OR TRANSPORTATION OF BEER BETWEEN 
LICENSED PREMISES UNDER SAME OWNERSHIP.  Section 69.11 of this code 
relates to the exchange or transportation of beer between licensed 
premises by retail dealers.

Acts 1977, 65th Leg., p. 486, ch. 194, § 1, eff. Sept. 1, 1977.            


	§ 71.08. MITIGATING CIRCUMSTANCES:  RETAIL DEALER'S 
OFF-PREMISE LICENSE.  Section 11.64 of this code relates to 
mitigating circumstances with respect to cancellation or 
suspension of a retail dealer's off-premise license.

Acts 1977, 65th Leg., p. 486, ch. 194, § 1, eff. Sept. 1, 1977.            


	§ 71.09. BREACH OF PEACE:  RETAIL ESTABLISHMENT.  The 
application of sanctions for the occurrence of a breach of the peace 
at a retail beer establishment is covered by Section 69.13 of this 
code.

Acts 1977, 65th Leg., p. 487, ch. 194, § 1, eff. Sept. 1, 1977.            


	§ 71.10. WARNING SIGN REQUIRED.  (a) 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.

Added by Acts 1983, 68th Leg., p. 2212, ch. 414, § 4, eff. Sept. 
1, 1983.