CHAPTER 34. AIRLINE BEVERAGE PERMIT - Texas Statutes

ALCOHOLIC BEVERAGE CODE

TITLE 3. LICENSES AND PERMITS

SUBTITLE A. PERMITS

CHAPTER 34. AIRLINE BEVERAGE PERMIT

Sec. 34.01. AUTHORIZED ACTIVITIES. The holder of an airline

beverage permit may:

(1) sell or serve alcoholic beverages in or from any size

container on a commercial passenger airplane operated in

compliance with a valid license, permit, or certificate issued

under the authority of the United States or of this state, even

though the plane, in the course of its flight, may cross an area

in which the sale of alcoholic beverages is prohibited; and

(2) store alcoholic beverages in sealed containers of any size

at any airport regularly served by the permittee, in accordance

with rules and regulations promulgated by the commission.

Acts 1977, 65th Leg., p. 442, ch. 194, Sec. 1, eff. Sept. 1,

1977.

Sec. 34.02. FEE. The annual fee for an airline beverage permit

is $2,200.

Acts 1977, 65th Leg., p. 442, ch. 194, Sec. 1, eff. Sept. 1,

1977. Amended by Acts 1983, 68th Leg., p. 1347, ch. 278, Sec. 25,

eff. Sept. 1, 1983.

Sec. 34.03. ELIGIBILITY FOR PERMIT. The commission or

administrator may issue an airline beverage permit to any

corporation operating a commercial airline in or through the

state. Application and payment of the fee shall be made directly

to the commission.

Acts 1977, 65th Leg., p. 442, ch. 194, Sec. 1, eff. Sept. 1,

1977.

Sec. 34.04. TAXES. (a) The taxes imposed by this code shall be

paid on all alcoholic beverages on a commercial passenger

aircraft departing from an airport in this state, in accordance

with rules and regulations prescribed by the commission.

(b) The preparation and service of alcoholic beverages by the

holder of an airline beverage permit is exempt from the tax

imposed by the Limited Sales, Excise and Use Tax Act. An airline

beverage service fee of five cents is imposed on each individual

serving of an alcoholic beverage served by the permittee inside

the state. The fee accrues at the time the container containing

an alcoholic beverage is delivered to the passenger. The

permittee may absorb the cost of the fee or may collect it from

the passenger. The permittee shall remit the fees to the

commission each month under a reporting system prescribed by the

commission.

Acts 1977, 65th Leg., p. 442, ch. 194, Sec. 1, eff. Sept. 1,

1977.

Sec. 34.05. SALE OF LIQUOR TO PERMITTEE. (a) Only the holder

of a package store permit may sell liquor to the holder of an

airline beverage permit. For the purposes of this code, a sale of

liquor to a holder of an airline beverage permit shall be

considered as a sale at retail to a consumer.

(b) The holder of a package store permit may sell liquor in any

size container authorized by Section 101.46 of this code to

holders of an airline beverage permit, and may purchase liquor in

any size container for resale from the holders of a wholesaler's

permit. A holder of a wholesaler's permit may import, sell, offer

for sale, or possess for resale to package store permittees to

resell to holders of airline beverage permittees liquor in any

authorized size containers.

Acts 1977, 65th Leg., p. 442, ch. 194, Sec. 1, eff. Sept. 1,

1977.

Sec. 34.06. INAPPLICABLE PROVISION. Section 109.53 of this code

does not apply to an airline beverage permit.

Acts 1977, 65th Leg., p. 443, ch. 194, Sec. 1, eff. Sept. 1,

1977.