CHAPTER 25. WINE AND BEER RETAILER'S PERMIT - Texas Statutes

ALCOHOLIC BEVERAGE CODE

TITLE 3. LICENSES AND PERMITS

SUBTITLE A. PERMITS

CHAPTER 25. WINE AND BEER RETAILER'S PERMIT

Sec. 25.01. AUTHORIZED ACTIVITIES. The holder of a wine and

beer retailer's permit may sell:

(1) for consumption on or off the premises where sold, but not

for resale, wine, beer, and malt liquors containing alcohol in

excess of one-half of one percent by volume and not more than 17

percent by volume; and

(2) for consumption on the premises traditional port or sherry

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

and not more than 24 percent by volume.

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

1977. Amended by Acts 1993, 73rd Leg., ch. 934, Sec. 29, eff.

Sept. 1, 1993; Acts 1999, 76th Leg., ch. 418, Sec. 2, eff. Sept.

1, 1999.

Sec. 25.02. FEE. (a) Except as provided in Subsection (b) and

Section 25.03, the annual state fee for a wine and beer

retailer's permit is $175.

(b) The annual state fee for a wine and beer retailer's permit

in connection with an establishment located in a county with a

population of 1.4 million or more is $750. The original

application fee for a wine and beer retailer's permit in

connection with an establishment located in a county with a

population of 1.4 million or more is $1,000.

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

1977. Amended by Acts 1983, 68th Leg., p. 1345, ch. 278, Sec. 14,

eff. Sept. 1, 1983.

Amended by:

Acts 2005, 79th Leg., Ch.

452, Sec. 4, eff. September 1, 2005.

Sec. 25.03. RAILWAY CARS AND EXCURSION BOATS: PERMITS, FEES.

(a) A wine and beer retailer's permit may be issued for railway

dining, buffet, or club cars on the payment of an annual state

fee of $30 for each car.

(b) A wine and beer retailer's permit may be issued for a

regularly scheduled excursion boat which is licensed by the

United States Coast Guard to carry passengers on the navigable

waters of the state and which has a tonnage of not less than 35

tons, a length of not less than 55 feet, and a passenger capacity

of not less than 45 passengers. The annual state fee for the

permit is $130.

(c) Application for a permit for a railway car or an excursion

boat and payment of the required fee shall be made directly to

the commission.

(d) A permit for a railway car or an excursion boat is

inoperative in a dry area.

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

1977. Amended by Acts 1983, 68th Leg., p. 1345, ch. 278, Sec. 15,

eff. Sept. 1, 1983.

Sec. 25.04. ISSUANCE, CANCELLATION, AND SUSPENSION OF PERMIT.

(a) A wine and beer retailer's permit is issued by the

commission or administrator. The qualification 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 on-premise license.

(b) The provisions of this code applicable to the cancellation

and suspension of a retail dealer's on-premise license also apply

to the cancellation and suspension of a wine and beer retailer's

permit.

Acts 1977, 65th Leg., p. 426, ch. 194, Sec. 1, eff. Sept. 1,

1977.

Sec. 25.05. HEARINGS ON PERMIT APPLICATION: NOTICE AND

ATTENDANCE. (a) On receipt of an original application for a

wine and beer retailer's permit, the county judge shall give

notice of all hearings before him concerning the application to

the commission, the sheriff, and the chief of police of the

incorporated city in which, or nearest which, the premises for

which the permit is sought are located.

(b) The individual natural person applying for the permit or, if

the applicant is not an individual natural person, the individual

partner, officer, trustee, or receiver who will be primarily

responsible for the management of the premises shall attend any

hearing involving the application.

Acts 1977, 65th Leg., p. 426, ch. 194, Sec. 1, eff. Sept. 1,

1977.

Sec. 25.051. MASTERS IN CERTAIN COUNTIES. (a) 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.

(b) A master shall give notice of a hearing before the master to

each person entitled to notice of a hearing before a judge under

Section 25.05 of this code.

Added by Acts 1987, 70th Leg., ch. 674, Sec. 3.04, eff. Sept. 1,

1987. Amended by Acts 2001, 77th Leg., ch. 669, Sec. 3, eff.

Sept. 1, 2001.

Sec. 25.052. 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. 1, eff. May 25,

1989.

Sec. 25.06. DENIAL OF ORIGINAL APPLICATION. (a) The county

judge shall deny an original application for a wine and beer

retailer's permit if he finds that the applicant, or the

applicant's spouse, during the five years immediately preceding

the application, was finally convicted of a felony or one of the

following offenses:

(1) prostitution;

(2) a vagrancy offense involving moral turpitude;

(3) bookmaking;

(4) gambling or gaming;

(5) an offense involving controlled substances as defined in

Chapter 481, Health and Safety Code or other dangerous drugs;

(6) a violation of this code resulting in the cancellation of a

license or permit, or a fine of not less than $500;

(7) more than three violations of this code relating to minors;

(8) bootlegging; or

(9) an offense involving firearms or a deadly weapon.

(b) The county judge shall also deny an original application for

a permit if he finds that five years have not elapsed since the

termination of a sentence, parole, or probation served by the

applicant or the applicant's spouse because of a felony

conviction or conviction of any of the offenses described in

Subsection (a) of this section.

(c) The commission shall refuse to issue a renewal of a wine or

beer retailer's permit if it finds:

(1) that the applicant, or the applicant's spouse, has been

convicted of a felony or one of the offenses listed in Subsection

(a) of this section at any time during the five years immediately

preceding the filing of the application for renewal; or

(2) that five years have not elapsed since the termination of a

sentence, parole, or probation served by the applicant, or the

applicant's spouse, of a felony conviction or conviction of any

of the offenses described in Subsection (a) of this section.

(d) In this section the word "applicant" includes the individual

natural person holding or applying for the permit or, if the

holder or applicant is not an individual natural person, the

individual partner, officer, trustee, or receiver who is

primarily responsible for the management of the premises.

Acts 1977, 65th Leg., p. 426, ch. 194, Sec. 1, eff. Sept. 1,

1977. Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 284(56), eff.

Sept. 1, 1991; Acts 2003, 78th Leg., ch. 625, Sec. 2, eff. Sept.

1, 2003.

Sec. 25.09. POSSESSION OF CERTAIN BEVERAGES PROHIBITED. (a)

Except as provided by this section, a wine and beer retailer's

permittee or an officer of the permittee may not possess

distilled spirits or liquor containing alcohol in excess of 17

percent by volume on the licensed premises.

(b) The commission by rule may allow a wine and beer retailer's

permittee or the permittee's officer to possess and use alcoholic

beverages in excess of 17 percent by volume on the licensed

premises for cooking purposes.

Acts 1977, 65th Leg., p. 427, ch. 194, Sec. 1, eff. Sept. 1,

1977. Amended by Acts 1999, 76th Leg., ch. 418, Sec. 3, eff.

Sept. 1, 1999.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

441, Sec. 1, eff. September 1, 2009.

Sec. 25.10. 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 permit. The restrictions in this code

relating to beer as to the application of local restrictions,

sales to minors and intoxicated persons, age of employees, and

the use of blinds or barriers apply to the sale of alcoholic

beverages by a wine and beer retailer's permittee.

Acts 1977, 65th Leg., p. 427, ch. 194, Sec. 1, eff. Sept. 1,

1977.

Sec. 25.11. SEATING AREA REQUIRED. A wine and beer retailer's

permittee must have an area designated on the premises for the

permittee's customers to sit if they wish to consume beverages

sold by the permittee on the premises.

Added by Acts 1983, 68th Leg., p. 2211, ch. 414, Sec. 1, eff.

Sept. 1, 1983.

Sec. 25.12. PREMISES IN A FOOD COURT. (a) Notwithstanding any

provision of this code to the contrary, the premises of a wine

and beer retailer's permittee who leases space in a food court

includes the seating area that the permittee shares with the

other lessees that occupy the food court.

(b) For the purposes of this section, "food court" means an area

in a shopping mall that includes a seating area and the locations

of three or more separate but adjacent business establishments

engaged primarily in the sale of food and beverages for

consumption in the seating area.

Added by Acts 1987, 70th Leg., ch. 582, Sec. 2, eff. Aug. 31,

1987.

Sec. 25.13. FOOD AND BEVERAGE CERTIFICATE. (a) A holder of a

wine and beer retailer's permit may be issued a food and beverage

certificate by the commission if food service is the primary

business being operated on the premises by the permittee.

(b) An applicant or holder of a food and beverage certificate

shall have food service facilities for the preparation and

service of multiple entrees. The commission shall adopt rules as

necessary to assure that the holder of a food and beverage

certificate maintains food service as the primary business on the

premises for which a food and beverage certificate has been

issued. The commission may exempt permittees who are

concessionaires in public entertainment venues such as sports

stadiums and convention centers from the requirement that food

service be the primary business on the premises.

(c) The fee for a food and beverage certificate shall be set at

a level sufficient to recover the cost of issuing the certificate

and administering this section.

(d) A certificate issued under this section expires on the

expiration of the primary wine and beer retailer's permit. A

certificate may be canceled at any time if the commission finds

that the holder of the certificate is not operating primarily as

a food service establishment. For the purposes of this section,

it shall be presumed that a permittee is not primarily operating

as a food service establishment if alcohol sales are in excess of

50 percent of the gross receipts of the premises. The commission

may impose a fine not to exceed $5,000 on the holder of a food

and beverage certificate not operating as a food service

establishment and may, upon finding that the permittee knowingly

operated under a food and beverage certificate while not

complying with this section, cancel the permittee's wine and beer

retailer's permit.

(e) Section 11.11 does not apply to the holder of a food and

beverage certificate.

Added by Acts 1995, 74th Leg., ch. 1060, Sec. 5, eff. Aug. 28,

1995. Amended by Acts 2001, 77th Leg., ch. 853, Sec. 1, eff.

Sept. 1, 2001; Acts 2001, 77th Leg., ch. 1045, Sec. 1, eff. Sept.

1, 2001.

Amended by:

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

1384, Sec. 1, eff. September 1, 2007.