2009 Texas Code
ALCOHOLIC BEVERAGE CODE
TITLE 3. LICENSES AND PERMITS
CHAPTER 26. WINE AND BEER RETAILER'S OFF-PREMISE PERMIT  

ALCOHOLIC BEVERAGE CODE

TITLE 3. LICENSES AND PERMITS

SUBTITLE A. PERMITS

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

Sec. 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, beer, and malt liquor

containing alcohol in excess of one-half of one percent by volume

but not more than 17 percent by volume on the permit holder's

premises during regular business hours as provided by Section

26.08.

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

1977. Amended by Acts 1999, 76th Leg., ch. 418, Sec. 4, eff.

Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch.

192, Sec. 2, eff. September 1, 2005.

Acts 2007, 80th Leg., R.S., Ch.

1073, Sec. 4, eff. September 1, 2007.

Sec. 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, Sec. 1, eff. Sept. 1,

1977. Amended by Acts 1983, 68th Leg., p. 1346, ch. 278, Sec. 16,

eff. Sept. 1, 1983.

Sec. 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, Sec. 1, eff. Sept. 1,

1977.

Sec. 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, Sec. 1, eff. Sept. 1,

1977.

Sec. 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, Sec. 2, eff.

Sept. 1, 1983. Amended by Acts 1985, 69th Leg., ch. 689, Sec. 1,

eff. Sept. 1, 1985.

Sec. 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, Sec. 3.05, eff. Sept. 1,

1987. Amended by Acts 2001, 77th Leg., ch. 669, Sec. 4, eff.

Sept. 1, 2001.

Sec. 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, Sec. 2, eff. May 25,

1989.

Sec. 26.08. SAMPLING EVENT. (a) An employee of the holder of a

wine and beer retailer's off-premise permit may open, touch, or

pour wine, beer, or malt liquor, make a presentation, or answer

questions at a sampling event.

(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, beer, or malt liquor used in a sampling event

under this section must be purchased from or provided by the

retailer on whose premises the sampling event is held. This

section does not authorize the holder of a wine and beer

retailer's off-premise permit to withdraw or purchase alcoholic

beverages from the holder of a wholesaler's permit or a

distributor's license or provide alcoholic beverages for a

sampling on a retailer's premises that is not purchased from the

retailer. The amount of alcoholic beverages purchased from the

retailer may not exceed the amount of alcoholic beverages used in

the sampling event.

Added by Acts 2005, 79th Leg., Ch.

192, Sec. 3, eff. September 1, 2005.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1073, Sec. 5, eff. September 1, 2007.

Acts 2007, 80th Leg., R.S., Ch.

1073, Sec. 6, eff. September 1, 2007.