CHAPTER 24. WINE ONLY PACKAGE STORE PERMIT - Texas Statutes

ALCOHOLIC BEVERAGE CODE

TITLE 3. LICENSES AND PERMITS

SUBTITLE A. PERMITS

CHAPTER 24. WINE ONLY PACKAGE STORE PERMIT

Sec. 24.01. AUTHORIZED ACTIVITIES. (a) The holder of a wine

only package store permit may:

(1) purchase ale, wine, and vinous liquors in this state from

the holder of a winery, wine bottler's, wholesaler's, or class B

wholesaler's permit; and

(2) sell those beverages to consumers at retail on or from the

licensed premises in unbroken original containers of not less

than six ounces for off-premises consumption only and not for the

purpose of resale.

(b) The holder of a wine only package store permit whose

premises is located in a wet area permitting the legal sale of

wine for off-premises consumption only as determined by an

election held under Section 251.19 may only purchase, sell, or

possess vinous liquor on those licensed premises.

(c) The qualifications for a wine only package store permit

whose premises is in a wet area permitting the legal sale of wine

for off-premises consumption only as determined by an election

held under Section 251.19 are the same as the qualifications for

a permit issued under Chapter 26 of this code, including the

citizenship requirements prescribed by Section 6.03.

Acts 1977, 65th Leg., p. 423, ch. 194, Sec. 1, eff. Sept. 1,

1977. Amended by Acts 1979, 66th Leg., p. 2118, ch. 819, Sec. 7,

eff. June 13, 1979; Acts 2001, 77th Leg., ch. 400, Sec. 2, eff.

Sept. 1, 2001.

Sec. 24.02. FEE. The annual state fee for a wine only package

store permit is $75.

Acts 1977, 65th Leg., p. 423, ch. 194, Sec. 1, eff. Sept. 1,

1977. Amended by Acts 1983, 68th Leg., p. 1344, ch. 278, Sec. 13,

eff. Sept. 1, 1983.

Sec. 24.03. DELIVERIES AND COLLECTIONS. The holder of a wine

only package store permit may make deliveries to and collections

from customers as provided in Section 22.03 of this code.

Acts 1977, 65th Leg., p. 424, ch. 194, Sec. 1, eff. Sept. 1,

1977.

Sec. 24.04. DESIGNATION OF PLACE OF STORAGE. The owner of more

than one wine only package store who is also the holder of a

local cartage permit may designate one of his places of business

as a place of storage. He may transfer alcoholic beverages to and

from his place of storage and his other stores in the same

county, subject to rules prescribed by the commission.

Acts 1977, 65th Leg., p. 424, ch. 194, Sec. 1, eff. Sept. 1,

1977.

Sec. 24.05. PROHIBITED INTERESTS. (a) No person who holds a

wine only package store permit or owns an interest in a wine only

package store may have a direct or indirect interest in any of

the following:

(1) a manufacturer's or general, branch, or local distributor's

license;

(2) the business of any of the licenses listed in Subdivision

(1) of this subsection.

(b) A person may hold both a wine only package store permit and

a retail dealer's off-premise license.

(c) A person may not hold a wine and beer retailer's or wine and

beer retailer's off-premise permit at the same location where the

person holds a wine only package store permit.

Acts 1977, 65th Leg., p. 424, ch. 194, Sec. 1, eff. Sept. 1,

1977. Amended by Acts 1979, 66th Leg., p. 1445, ch. 634, Sec. 4,

eff. Aug. 27, 1979; Acts 1995, 74th Leg., ch. 1042, Sec. 1, eff.

Aug. 28, 1995.

Sec. 24.06. VIOLATION WHEN LICENSE ALSO HELD. If a person

holding a wine only package store permit who also holds a retail

dealer's off-premise license for the same location violates a

provision of this code or a rule or regulation of the commission,

the violation is a ground for the suspension or cancellation of

both the wine only package store permit and the retail dealer's

off-premise license for the premises where the violation was

committed.

Acts 1977, 65th Leg., p. 424, ch. 194, Sec. 1, eff. Sept. 1,

1977.

Sec. 24.07. WHEN LICENSE ALSO HELD: HOURS OF SALE, ETC. A

holder of a wine only package store permit who also holds a

retail dealer's off-premise license for the same location may

remain open and sell ale, wine, vinous liquors, and beer, for

off-premises consumption only, on any day and during the same

hours that the holder of a wine and beer retailer's permit may

sell ale, beer, and wine, except that he may not sell wine or

vinous liquor containing more than 17 percent alcohol by volume

on a Sunday or after 10 p.m. on any day.

Acts 1977, 65th Leg., p. 424, ch. 194, Sec. 1, eff. Sept. 1,

1977. Amended by Acts 1999, 76th Leg., ch. 418, Sec. 1, eff.

Sept. 1, 1999.

Sec. 24.09. OPENING CONTAINERS PROHIBITED. Except as provided

by Section 52.01, a person may not break or open a container of

liquor or beer or possess an opened container of liquor or beer

on the premises of a wine only package store.

Acts 1977, 65th Leg., p. 424, ch. 194, Sec. 1, eff. Sept. 1,

1977.

Amended by:

Acts 2005, 79th Leg., Ch.

1291, Sec. 1, eff. June 18, 2005.

Sec. 24.10. BEVERAGE FROM OPENED CONTAINER. Except as provided

by Section 52.01, a person may not sell, barter, exchange,

deliver, or give away a drink of alcoholic beverage from a

container that has been opened or broken on the premises of a

wine only package store.

Acts 1977, 65th Leg., p. 425, ch. 194, Sec. 1, eff. Sept. 1,

1977.

Amended by:

Acts 2005, 79th Leg., Ch.

1291, Sec. 2, eff. June 18, 2005.

Sec. 24.11. BREACH OF PEACE. The commission or administrator

may suspend or cancel a wine only package store permit after

giving the permittee notice and the opportunity to show

compliance with all requirements of law for the retention of the

permit if it finds that a breach of the peace has occurred on the

licensed premises or on premises under the control of the

permittee and that the breach of the peace was not beyond the

control of the permittee and resulted from his improper

supervision of persons permitted to be on the licensed premises

or on premises under his control.

Acts 1977, 65th Leg., p. 425, ch. 194, Sec. 1, eff. Sept. 1,

1977.

Sec. 24.12. WINE AND ALE SAMPLING. (a) The holder of a wine

only package store permit may conduct free product samplings of

wine or ale on the permit holder's premises during regular

business hours as provided by this section.

(b) An agent or employee of the holder of a wine only package

store permit may open, touch, or pour wine or ale, make a

presentation, or answer questions at a sampling event.

(c) For the purposes of this code and any other law or

ordinance:

(1) a wine only package store permit does not authorize the sale

of alcoholic beverages for on-premise consumption; and

(2) none of the permit holder's income may be considered to be

income from the sale of alcoholic beverages for on-premise

consumption.

(d) Any wine or ale 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.

(e) When a sampling event under this section is held on the

premises of a wine only package store permit located in an area

which is wet for the sale of wine but which is not wet for the

sale of higher alcohol content wines that may be sold under an

unrestricted wine only package store permit, the only wines that

may be sampled are wines which may be legally sold by the wine

only package store permittee as restricted under Section 251.81.

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

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

Amended by:

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

1073, Sec. 2, eff. September 1, 2007.

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

1073, Sec. 3, eff. September 1, 2007.