CHAPTER 51. MINIBAR PERMIT - Texas Statutes

ALCOHOLIC BEVERAGE CODE

TITLE 3. LICENSES AND PERMITS

SUBTITLE A. PERMITS

CHAPTER 51. MINIBAR PERMIT

Sec. 51.01. ELIGIBILITY FOR PERMIT. The commission or the

administrator may issue a minibar permit only to the holder of a

mixed beverage permit issued for operation in a hotel.

Added by Acts 1989, 71st Leg., ch. 692, Sec. 2, eff. June 14,

1989.

Sec. 51.02. AUTHORIZED ACTIVITIES. The holder of a minibar

permit may sell the following alcoholic beverages out of a

minibar:

(1) distilled spirits in containers of not less than one ounce

nor more than two ounces;

(2) wine and vinous liquors in containers of not more than 13

fluid ounces; and

(3) beer, ale, and malt liquor in containers of not more than 12

fluid ounces.

Added by Acts 1989, 71st Leg., ch. 692, Sec. 2, eff. June 14,

1989.

Sec. 51.03. LIMITED ACCESS TO MINIBAR. (a) Minibars shall be

of such design as to prevent access to alcoholic beverages to all

persons who do not have a minibar key. The minibar key shall be

different from the hotel guestroom key, and the permittee shall

not provide the minibar key to any person who is not of legal

drinking age.

(b) A permittee may not provide a minibar key to any person

other than an employee of the permittee or a registered guest of

the hotel.

Added by Acts 1989, 71st Leg., ch. 692, Sec. 2, eff. June 14,

1989.

Sec. 51.04. STOCKING RESTRICTIONS. (a) All employees handling

distilled spirits, wine, beer, ale, and malt liquor being stocked

in the minibar must be at least 18 years of age.

(b) A minibar may not be restocked or replenished during any

hours that a mixed beverage permittee may not sell alcoholic

beverages at the location as provided by Section 105.03 of this

code and it may contain no more than 40 individual containers of

alcoholic beverages at any one time.

(c) A minibar may only be maintained, serviced, or stocked with

alcoholic beverages by a person who is an employee of the holder

of a minibar permit, and no other person shall be authorized to

add alcoholic beverages to a minibar or, with the exception of a

registered hotel guest consumer, to remove alcoholic beverages

from a minibar.

(d) The holder of a minibar permit shall adhere to standards of

quality and purity of alcoholic beverages prescribed by the

commission and shall destroy any alcoholic beverages contained in

a minibar on the date which is considered by the manufacturer of

the alcoholic beverage to be the date the product becomes

inappropriate for sale to a consumer.

Added by Acts 1989, 71st Leg., ch. 692, Sec. 2, eff. June 14,

1989. Amended by Acts 1993, 73rd Leg., ch. 934, Sec. 47, eff.

Sept. 1, 1993.

Sec. 51.05. FEE. The annual state fee for an original minibar

permit is $2,000. The annual state fee for the first renewal of a

minibar permit is $1,500. The annual state fee for the second

renewal of a minibar permit is $1,000. The annual state fee for

the third and each subsequent renewal of a minibar permit is

$750.

Added by Acts 1989, 71st Leg., ch. 692, Sec. 2, eff. June 14,

1989.

Sec. 51.06. PROHIBITED INTERESTS. The holder of a minibar

permit may not have a direct or indirect interest in a package

store permit, and no package store may be located on the premises

of a hotel in which a mixed beverage permittee holds a minibar

permit.

Added by Acts 1989, 71st Leg., ch. 692, Sec. 2, eff. June 14,

1989.

Sec. 51.07. MIXED BEVERAGE PERMIT IS PRIMARY. All purchases

made by a minibar permittee shall be made under the authority of

and subject to the limitations imposed on the mixed beverage

permit held by the permittee. All sales made by a minibar

permittee shall, for tax purposes, be considered sales under the

mixed beverage permit held by the permittee and shall be taxed

accordingly. To ensure that the marketing of alcoholic beverages

for stocking minibars is not used by suppliers for purposes of

inducement or unauthorized or illegal advertising, it is further

provided that:

(1) No person who holds a permit or license authorizing sale of

any alcoholic beverage to mixed beverage permittees may sell or

offer to sell alcoholic beverages to a minibar permittee at a

cost less than the seller's laid-in cost plus the customary and

normal profit margin applicable to other container sizes. The

laid-in cost shall be defined as the manufacturer's or supplier's

invoice price, plus all applicable freight, taxes, and duties.

(2) Proof of laid-in cost shall become a part of the permanent

records of each permittee or licensee supplying alcoholic

beverages to minibar permittees and be available for a period of

two years for inspection by the commission.

(3) No alcoholic beverages offered for use in a minibar may be

sold in connection with or conveyed as part of any promotional

program providing a discount on the purchase of any other type,

size, or brand of alcoholic beverage.

(4) Distilled spirits in containers with a capacity of more than

one but less than two fluid ounces must be invoiced separately

from any other alcoholic beverage, and the price must be shown on

the invoice.

(5) Distilled spirits in containers with a capacity of more than

one but less than two fluid ounces may not be returned by the

holder of a minibar permit. Neither may the beverages be

exchanged by the holder of a minibar permit or redeemed for any

reason other than damage noted at the time of delivery and

approved by the commission. Claims for breakage or shortage after

delivery to a minibar permittee shall not be allowed.

(6) No person holding a wholesaler's, local distributor's, or

package store permit may participate in the cost of producing any

room menu, beverage list, table tent, or any other device or

novelty, written or printed, relating to the sale of distilled

spirits in containers with a capacity of more than one but less

than two fluid ounces. No permittee or licensee authorized to

sell alcoholic beverages to a minibar permittee may pay for or

contribute to the cost of providing in-house television or radio

announcements to be used by any holder of a minibar permit to

promote the sale of alcoholic beverages.

Added by Acts 1989, 71st Leg., ch. 692, Sec. 2, eff. June 14,

1989.

Sec. 51.08. DISTILLED SPIRITS PURCHASES. Distilled spirits

purchased for resale in a minibar must be purchased in unbroken

cases, and the cases shall bear the appropriate identification

stamps.

Added by Acts 1989, 71st Leg., ch. 692, Sec. 2, eff. June 14,

1989.

Sec. 51.09. COIN-OPERATED MACHINES PROHIBITED. Nothing in this

chapter shall be construed as authorizing nor may the commission

or administrator authorize the sale of any alcoholic beverage

from a coin-operated machine or similar device.

Added by Acts 1989, 71st Leg., ch. 692, Sec. 2, eff. June 14,

1989.

Sec. 51.10. COMMISSION MAY ADOPT RULES. The commission may

adopt rules necessary to regulate the use and operation of

minibars.

Added by Acts 1989, 71st Leg., ch. 692, Sec. 2, eff. June 14,

1989.