ALCOHOLIC BEVERAGE CODE

CHAPTER 26. WINE AND BEER RETAILERS OFF-PREMISE PERMIT


	§ 26.01.  AUTHORIZED ACTIVITIES.  The holder of a wine 
and beer retailer's off-premise permit may sell for off-premises 
consumption only, but not for resale, wine, beer, and malt liquors 
containing alcohol in excess of one-half of one percent by volume 
but not more than 17 percent by volume.

Acts 1977, 65th Leg., p. 428, ch. 194, § 1, eff. Sept. 1, 1977.  
Amended by Acts 1999, 76th Leg., ch. 418, § 4, eff. Sept. 1, 
1999.


	§ 26.02   FEE.  The annual state fee for a wine and beer 
retailer's off-premise permit is $60.

Acts 1977, 65th Leg., p. 428, ch. 194, § 1, eff. Sept. 1, 1977.  
Amended by Acts 1983, 68th Leg., p. 1346, ch. 278, § 16, eff. 
Sept. 1, 1983.


	§ 26.03.  ISSUANCE, CANCELLATION, AND SUSPENSION OF 
PERMIT.  (a)  A wine and beer retailer's off-premise permit is 
issued by the commission or administrator.  The qualifications 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 off-premise license.
	(b)  The provisions of this code applicable to the 
cancellation and suspension of a retail dealer's off-premise 
license also apply to the cancellation and suspension of a wine and 
beer retailer's off-premise permit.

Acts 1977, 65th Leg., p. 428, ch. 194, § 1, eff. Sept. 1, 1977.            


	§ 26.04.  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 off-premise permit.  The 
restrictions in this code relating to beer as to the application of 
local restrictions, sales to minors and intoxicated persons, and 
age of employees apply to the sale of alcoholic beverages by a wine 
and beer retailer's off-premise permittee.

Acts 1977, 65th Leg., p. 428, ch. 194, § 1, eff. Sept. 1, 1977.            


	§ 26.05.  WARNING SIGN REQUIRED.  (a)  Each holder of a 
wine and beer retailer's off-premise permit shall display in a 
prominent place on his premises a sign stating in letters at least 
two inches high:  IT IS A CRIME (MISDEMEANOR) TO CONSUME LIQUOR OR 
BEER ON THESE PREMISES.  The commission or administrator may 
require the holder of the permit to also display the sign in a 
language other than English if it can be observed or determined that 
a substantial portion of the expected customers speak the other 
language as their familiar language.
	(b)  A permittee who fails to comply with this section 
commits a misdemeanor punishable by a fine of not more than $25.

Added by Acts 1983, 68th Leg., p. 2211, ch. 414, § 2, eff. Sept. 
1, 1983.  Amended by Acts 1985, 69th Leg., ch. 689, § 1, eff. 
Sept. 1, 1985.


	§ 26.06.  MASTERS IN CERTAIN COUNTIES.  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.

Added by Acts 1987, 70th Leg., ch. 674, § 3.05, eff. Sept. 1, 
1987.  Amended by Acts 2001, 77th Leg., ch. 669, § 4, eff. Sept. 
1, 2001.


	§ 26.07.  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, § 2, eff. May 25, 1989.