CHAPTER 251. LOCAL OPTION STATUS - Texas Statutes

ALCOHOLIC BEVERAGE CODE

TITLE 6. LOCAL OPTION ELECTIONS

CHAPTER 251. LOCAL OPTION STATUS

SUBCHAPTER D. MISCELLANEOUS LOCAL OPTION PROVISIONS

Sec. 251.71. WET AND DRY AREAS. (a) An area is a "dry area" as

to an alcoholic beverage of a particular type and alcohol content

if the sale of that beverage is unlawful in the area. An area is

a "wet area" as to an alcoholic beverage of a particular type and

alcoholic content if the sale of that beverage is lawful in the

area.

(b) Those areas that are wet or dry when this code takes effect

retain that status until the status of the area is changed as

provided in this code.

(c) All trial courts of this state shall take judicial notice of

the wet or dry status of an area in a criminal prosecution.

(d) In an information, complaint, or indictment, an allegation

that an area is a dry area as to a particular type of alcoholic

beverage is sufficient, but a different status of the area may be

urged and proved as a defense.

(e) For purposes of this code:

(1) a reference to a local option election means an election

held under Chapter 501, Election Code; and

(2) a local option election held under Chapter 501, Election

Code, is considered to have been held under this code.

Acts 1977, 65th Leg., p. 555, ch. 194, Sec. 1, eff. Sept. 1,

1977.

Amended by:

Acts 2005, 79th Leg., Ch.

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

Sec. 251.72. CHANGE OF STATUS. Except as provided in Section

251.73 of this code, an authorized voting unit that has exercised

or may exercise the right of local option retains the status

adopted, whether absolute prohibition or legalization of the sale

of alcoholic beverages of one or more of the various types and

alcoholic contents on which an issue may be submitted under the

terms of Section 501.035, Election Code, until that status is

changed by a subsequent local option election in the same

authorized voting unit.

Acts 1977, 65th Leg., p. 555, ch. 194, Sec. 1, eff. Sept. 1,

1977.

Amended by:

Acts 2005, 79th Leg., Ch.

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

Sec. 251.73. PREVAILING STATUS: RESOLUTION OF CONFLICTS. To

insure that each voter has the maximum possible control over the

status of the sale of alcoholic beverages in the area where he

resides:

(1) the status that resulted from or is the result of a duly

called election for an incorporated city or town prevails against

the status that resulted from or is the result of a duly called

election in a justice precinct or county in which the

incorporated city or town, or any part of it is contained; and

(2) the status that resulted or is the result of a duly called

election for a justice precinct prevails against the status that

resulted from or is the result of a duly called election in an

incorporated city or town in which the justice precinct is wholly

contained or in a county in which the justice precinct is

located.

Acts 1977, 65th Leg., p. 555, ch. 194, Sec. 1, eff. Sept. 1,

1977.

Sec. 251.74. AIRPORT AND STADIUM AS WET AREAS. (a) This

section applies to any county:

(1) that has a population of more than 240,000, according to the

most recent federal census;

(2) in which the sale of all alcoholic beverages has been

legalized in all or any part of the county; and

(3) where, at the general election on November 3, 1970, the

voters approved the constitutional amendment authorizing the sale

of mixed beverages on a local option basis.

(b) In a county covered by this section, the commissioners court

may designate as an area wet for the sale of mixed beverages

only:

(1) the area encompassed by the building structure of a

professional sports stadium, used wholly or partly for

professional sporting events and having a seating capacity of at

least 40,000, and not more than 125 acres of adjacent land used

for the benefit of the stadium, regardless of ownership of the

land, if no registered voters reside there; and

(2) the area encompassed by a regional airport.

(c) The order of the commissioners court authorizes the issuance

of a mixed beverage permit.

Acts 1977, 65th Leg., p. 555, ch. 194, Sec. 1, eff. Sept. 1,

1977. Amended by Acts 1983, 68th Leg., p. 1324, ch. 276, Sec. 1,

eff. Aug. 29, 1983.

Sec. 251.741. CERTAIN AIRPORTS AS WET AREAS. In addition to

those areas declared wet by order of the commissioners court

under the authority of Section 251.74 of this code, in a county

with a population of more than 175,000 according to the most

recent federal census where the sale of mixed beverages only is

legalized in the most populous city in the county by a local

option election held after May 18, 1971, the area actually

encompassed by any municipal airport under the jurisdiction of

that city is wet for the sale of mixed beverages only. Subsequent

local option elections held by that city do not affect the local

option status of the airport unless the result of the election

prohibits the sale of mixed beverages, in which case the

provisions of this section do not apply.

Added by Acts 1977, 65th Leg., p. 1184, ch. 453, Sec. 14, eff.

Sept. 1, 1977.

Sec. 251.75. CONTINUANCE OF OPERATION AS MANUFACTURER OR BREWER.

Notwithstanding any other provision of this code, if the sale of

beer or ale is prohibited in an area by a local option election,

a holder of a manufacturer's license or brewer's permit that was

issued prior to the election may not be denied an original or

renewal manufacturer's license or brewer's permit for the same

location on the ground that the local option status of the area

prohibits the sale of beer or ale. Except for the right to sell

beer or ale contrary to the local option status of the area, the

licensee or permittee may engage in all activities authorized by

the license or permit, including the manufacturing, brewing,

possessing, storing, and packaging of beer or ale, and

transporting it to an area where its sale is legal. The licensee

or permittee may deliver beer or ale at his licensed premises to

a purchaser from outside the state, an authorized carrier,

distributor, or class B wholesaler. The purchaser, carrier,

distributor, or class B wholesaler may not receive the beer or

ale for transportation unless there has first been an order,

acceptance, and payment or legal satisfaction of payment in an

area where the sale of beer or ale is legal.

Acts 1977, 65th Leg., p. 556, ch. 194, Sec. 1, eff. Sept. 1,

1977.

Sec. 251.76. CONTINUANCE OF OPERATION AS DISTILLER AND

RECTIFIER. Notwithstanding any other provision of this code, a

person who has been issued a distiller's and rectifier's permit

may not subsequently be denied an original or renewal distiller's

and rectifier's permit for the same location on the ground that

the sale of distilled spirits has been prohibited in the area by

a local option election. A person holding a permit at the time of

the election or issued a permit under this section may exercise

all privileges granted by this code to the holder of a

distiller's and rectifier's permit, including the manufacturing,

possessing, storing, packaging, and bottling of distilled spirits

and the transportation of them to areas in which their sale is

legal.

Acts 1977, 65th Leg., p. 556, ch. 194, Sec. 1, eff. Sept. 1,

1977. Amended by Acts 1983, 68th Leg., p. 1354, ch. 278, Sec. 58,

eff. Sept. 1, 1983.

Sec. 251.77. CONTINUANCE OF OPERATION AS DISTRIBUTOR. (a)

Notwithstanding any other provision of this code, if the sale of

beer is prohibited by local option election, a licensed

distributor of beer whose warehouse or other facilities used in

connection with the distributorship are located in the area

affected, has the right to continue to operate as a distributor

in that area and maintain the necessary premises and facilities

for distribution. The distributor continues to enjoy all the

rights and privileges incident to distributorship, including the

right to possess, store, warehouse, and sell beer in that area,

and deliver beer into and out of that area.

(b) A distributor in the area affected may sell or deliver beer

only to licensed outlets located where the sale of beer is legal.

Acts 1977, 65th Leg., p. 556, ch. 194, Sec. 1, eff. Sept. 1,

1977.

Sec. 251.78. CONTINUANCE OF OPERATION AS WHOLESALER. (a)

Notwithstanding any other provision of this code, if the sale of

the type or types of liquor authorized to be sold by the holder

of a wholesaler's permit whose warehouse or other facility used

in connection with the wholesale operation is prohibited in an

area by local option election, the holder of the wholesaler's

permit shall have the right to continue to operate as a

wholesaler in that area and maintain the necessary premises and

facilities for the wholesale operation. The wholesaler shall

enjoy all the rights and privileges incident to the permit,

including the right to possess, store, warehouse, sell, deliver,

and receive liquor.

(b) A wholesaler in the area affected may only sell or deliver

liquor to permittees located where the sale of liquor is legal.

Acts 1977, 65th Leg., p. 556, ch. 194, Sec. 1, eff. Sept. 1,

1977.

Sec. 251.79. AREAS IN WHICH CERTAIN PERMITS AND LICENSES MAY BE

ISSUED. Notwithstanding any other provision of this code, a

wholesaler's permit, general class B wholesaler's permit, local

class B wholesaler's permit, or general, local or branch

distributor's license may be issued and licensed premises

maintained in any area where the sale of any alcoholic beverage

is legal. A person issued a permit or license under this section

may exercise all rights and privileges of other permittees and

licensees of the same class.

Acts 1977, 65th Leg., p. 557, ch. 194, Sec. 1, eff. Sept. 1,

1977.

Sec. 251.80. CHANGE IN PRECINCT BOUNDARIES. (a) Whenever a

local option status is once legally put into effect as the result

of the vote in a justice precinct, such status shall remain in

effect until the status is changed as the result of a vote in the

same territory that comprised the precinct when such status was

established. If the boundaries of the justice precinct have

changed since such status was established, the commissioners

court shall, for purposes of a local option election, define the

boundaries of the original precinct. A local option election may

be held within the territory defined by the commissioners court

as constituting such original precinct.

(b) Nothing in this section is intended to affect the operation

of Section 251.73 of this code.

(c) The provisions of Section 501.107, Election Code, relating

to the payment of local option election expenses shall apply to

elections held in a territory that is defined in accordance with

Subsection (a) of this section.

Added by Acts 1989, 71st Leg., ch. 435, Sec. 2, eff. Sept. 1,

1989.

Amended by:

Acts 2005, 79th Leg., Ch.

975, Sec. 5, eff. September 1, 2005.

Sec. 251.81. SALE OF WINE. (a) If the sale of wine was

approved in an area by a local option election, other than a

local option election that approved the sale of all alcoholic

beverages, before September 1, 1999, an alcoholic beverage

license or permit holder may not sell in that area wine

containing more than 14 percent alcohol by volume unless a

subsequent local option election approves the sale of wine or

wine and other alcoholic beverages.

(b) The commission shall, on the face of each alcoholic beverage

license or permit, indicate whether the holder may sell wine and,

if the license or permit holder may sell wine, whether the holder

may sell wine up to 14 percent alcohol or 17 percent alcohol by

volume.

Added by Acts 1999, 76th Leg., ch. 418, Sec. 8, eff. Sept. 1,

1999.

Sec. 251.82. ELECTION IN CERTAIN CITIES AND TOWNS. For the

purposes of an election conducted under Section 501.109, Election

Code, a reference in this code:

(1) to the county is considered to refer to the city or town;

(2) to the commissioners court is considered to refer to the

governing body of the city or town;

(3) to the county clerk or registrar of voters is considered to

refer to the secretary of the city or town or, if the city or

town does not have a secretary, to the person performing the

functions of a secretary of the city or town; and

(4) to the county judge is considered to refer to the mayor of

the city or town or, if the city or town does not have a mayor,

to the presiding officer of the governing body of the city or

town.

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

975, Sec. 6, eff. September 1, 2005.