ALCOHOLIC BEVERAGE CODE
CHAPTER 25. WINE AND BEER RETAILERS PERMIT
§ 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, § 1, eff. Sept. 1, 1977.
Amended by Acts 1993, 73rd Leg., ch. 934, § 29, eff. Sept. 1,
1993; Acts 1999, 76th Leg., ch. 418, § 2, eff. Sept. 1, 1999.
§ 25.02 FEE. Except as provided in Section 25.03 of
this code, the annual state fee for a wine and beer retailer's
permit is $175.
Acts 1977, 65th Leg., p. 425, ch. 194, § 1, eff. Sept. 1, 1977.
Amended by Acts 1983, 68th Leg., p. 1345, ch. 278, § 14, eff.
Sept. 1, 1983.
§ 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, § 1, eff. Sept. 1, 1977.
Amended by Acts 1983, 68th Leg., p. 1345, ch. 278, § 15, eff.
Sept. 1, 1983.
§ 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, § 1, eff. Sept. 1, 1977.
§ 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, § 1, eff. Sept. 1, 1977.
§ 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, § 3.04, eff. Sept. 1,
1987. Amended by Acts 2001, 77th Leg., ch. 669, § 3, eff. Sept.
1, 2001.
§ 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, § 1, eff. May 25, 1989.
§ 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, § 1, eff. Sept. 1, 1977.
Amended by Acts 1991, 72nd Leg., ch. 14, § 284(56), eff. Sept. 1,
1991; Acts 2003, 78th Leg., ch. 625, § 2, eff. Sept. 1, 2003.
§ 25.09. POSSESSION OF CERTAIN BEVERAGES
PROHIBITED. No wine and beer retailer's permittee, nor officer of
the permittee, may possess distilled spirits or liquor containing
alcohol in excess of 17 percent by volume on the licensed premises.
Acts 1977, 65th Leg., p. 427, ch. 194, § 1, eff. Sept. 1, 1977.
Amended by Acts 1999, 76th Leg., ch. 418, § 3, eff. Sept. 1,
1999.
§ 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, § 1, eff. Sept. 1, 1977.
§ 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, § 1, eff. Sept.
1, 1983.
§ 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, § 2, eff. Aug. 31, 1987.
§ 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.
(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, § 5, eff. Aug. 28, 1995.
Amended by Acts 2001, 77th Leg., ch. 853, § 1, eff. Sept. 1,
2001; Acts 2001, 77th Leg., ch. 1045, § 1, eff. Sept. 1, 2001.
