2005 Texas Alcoholic Beverage Code CHAPTER 26. WINE AND BEER RETAILER\'S OFF-PREMISE PERMIT

ALCOHOLIC BEVERAGE CODE

CHAPTER 26. WINE AND BEER RETAILER'S OFF-PREMISE PERMIT


	§ 26.01. AUTHORIZED ACTIVITIES.  (a) The holder of a wine 
and beer retailer's off-premise permit may sell for off-premises 
consumption only, 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.
	(b)  The holder of a wine and beer retailer's off-premise 
permit may conduct free product samplings of wine on the permit 
holder's premises during regular business hours as provided by 
Section 26.08.

Acts 1977, 65th Leg., p. 428, ch. 194, § 1, eff. Sept. 1, 1977.  
Amended by Acts 1999, 76th Leg., ch. 418, § 4, eff. Sept. 1, 
1999;  Acts 2005, 79th Leg., ch. 192, § 2, eff. Sept. 1, 2005.


	§ 26.02. FEE.  The annual state fee for a wine and beer 
retailer's off-premise permit is $60.

Acts 1977, 65th Leg., p. 428, ch. 194, § 1, eff. Sept. 1, 1977.  
Amended by Acts 1983, 68th Leg., p. 1346, ch. 278, § 16, eff. 
Sept. 1, 1983.


	§ 26.03. ISSUANCE, CANCELLATION, AND SUSPENSION OF 
PERMIT.  (a) A wine and beer retailer's off-premise permit is 
issued by the commission or administrator.  The qualifications of 
applicants and the application for and issuance of the permit are 
governed by the same provisions which apply to the application for 
and issuance of a retail dealer's off-premise license.
	(b)  The provisions of this code applicable to the 
cancellation and suspension of a retail dealer's off-premise 
license also apply to the cancellation and suspension of a wine and 
beer retailer's off-premise permit.

Acts 1977, 65th Leg., p. 428, ch. 194, § 1, eff. Sept. 1, 1977.            


	§ 26.04. APPLICATION OF OTHER CODE PROVISIONS.  Sections 
61.78, 61.81, 61.82, and 61.84 of this code also apply to a wine and 
beer retailer's off-premise permit.  The restrictions in this code 
relating to beer as to the application of local restrictions, sales 
to minors and intoxicated persons, and age of employees apply to the 
sale of alcoholic beverages by a wine and beer retailer's 
off-premise permittee.

Acts 1977, 65th Leg., p. 428, ch. 194, § 1, eff. Sept. 1, 1977.            


	§ 26.05. WARNING SIGN REQUIRED.  (a) Each holder of a wine 
and beer retailer's off-premise permit 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.  The commission or administrator may require the 
holder of the permit to also display the sign in a language other 
than English if it can be observed or determined that a substantial 
portion of the expected customers speak the other language as their 
familiar language.
	(b)  A permittee 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. 2211, ch. 414, § 2, eff. Sept. 
1, 1983.  Amended by Acts 1985, 69th Leg., ch. 689, § 1, eff. 
Sept. 1, 1985.


	§ 26.06. MASTERS IN CERTAIN COUNTIES.  The county judge 
of a county with a population of 1.3 million or more may appoint a 
master to hear a permit application under this chapter in the manner 
provided by Section 61.311 of this code for the appointment of a 
master to hear a license application.

Added by Acts 1987, 70th Leg., ch. 674, § 3.05, eff. Sept. 1, 
1987.  Amended by Acts 2001, 77th Leg., ch. 669, § 4, eff. Sept. 
1, 2001.


	§ 26.07. DELEGATION OF DUTIES OF COUNTY JUDGE.  A county 
judge may delegate the duty to hear a permit application under this 
chapter in the manner provided by Section 61.312 of this code for 
the delegation of the duty to hear a license application.

Added by Acts 1989, 71st Leg., ch. 137, § 2, eff. May 25, 1989.            


	§ 26.08. WINE SAMPLING.  (a) An employee of the holder of 
a wine and beer retailer's off-premise permit may open, touch, or 
pour wine, make a presentation, or answer questions at a wine 
sampling.
	(b)  For purposes of this code and any other law or 
ordinance:               
		(1)  a wine and beer retailer's off-premise permit does 
not authorize the sale of alcoholic beverages for on-premises 
consumption;  and 
		(2)  none of the permit holder's income may be 
considered to be income from the sale of alcoholic beverages for 
on-premises consumption.
	(c)  Any wine used in a wine sampling under this section must 
be purchased from or provided by the retailer on whose premises the 
wine sampling is held.  This section does not authorize the holder 
of a wine and beer retailer's off-premise permit to withdraw or 
purchase wine from the holder of a wholesaler's permit or provide 
wine for a sampling on a retailer's premises that is not purchased 
from the retailer.  The amount of wine purchased from the retailer 
may not exceed the amount of wine used in the sampling.

Added by Acts 2005, 79th Leg., ch. 192, § 3, eff. Sept. 1, 2005.