ALCOHOLIC BEVERAGE CODE
CHAPTER 27. TEMPORARY AND SPECIAL WINE AND BEER RETAILERS PERMITS
SUBCHAPTER A. TEMPORARY WINE AND BEER RETAILERS PERMIT
§ 27.01. AUTHORIZED ACTIVITIES. The holder of a
temporary wine and beer retailer's permit may sell 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 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, § 5, eff. Sept. 1,
1999; Acts 2003, 78th Leg., ch. 90, § 1, eff. Sept. 1, 2003.
§ 27.011. SALE OUTSIDE PERMIT HOLDER'S COUNTY. A holder
of a temporary wine and beer retailer's permit that sells wine,
beer, or malt liquor under that permit in a county other than the
county in which the premises covered by the permit required by
Section 27.04 is located must:
(1) purchase the beverages from a distributor or
wholesaler authorized under this code to sell the beverages in the
county in which the permit holder sells the beverages under this
chapter; and
(2) report to the commission, in the manner prescribed
by the commission by rule, the amount of beverages purchased and
sold under this section, by type.
Added by Acts 2003, 78th Leg., ch. 90, § 2, eff. Sept. 1, 2003.
§ 27.02 FEE. The state fee for a temporary wine and
beer retailer's permit is $30. No refund shall be allowed for the
surrender or nonuse of the permit.
Acts 1977, 65th Leg., p. 429, ch. 194, § 1, eff. Sept. 1, 1977.
Amended by Acts 1983, 68th Leg., p. 1346, ch. 278, § 17, eff.
Sept. 1, 1983.
§ 27.03. DURATION OF PERMIT. A temporary wine and beer
retailer's permit may be issued for a period of not more than four
days.
Acts 1977, 65th Leg., p. 429, ch. 194, § 1, eff. Sept. 1, 1977.
§ 27.04. REQUIRED BASIC PERMIT. A temporary wine and
beer retailer's permit may be issued only to a holder of a wine and
beer retailer's permit, a holder of a mixed beverage permit, or a
nonprofit historic preservation organization that has been in
existence for at least 30 years.
Acts 1977, 65th Leg., p. 429, ch. 194, § 1, eff. Sept. 1, 1977.
Amended by Acts 1993, 73rd Leg., ch. 377, § 1, eff. June 2, 1993;
Acts 1993, 73rd Leg., ch. 934 § 32, eff. Sept. 1, 1993.
§ 27.05. ISSUANCE AND USE OF PERMIT; RULES AND
REGULATIONS. (a) Temporary wine and beer retailer's permits are
issued by the administrator, the commission, or an authorized
representative of the commission. The commission shall adopt rules
and regulations governing the issuance and use of temporary wine
and beer retailer's permits.
(b) The permits shall be issued only for the sale of
authorized alcoholic beverages at picnics, celebrations, or
similar events.
(c) The administrator or commission may refuse to issue a
permit if there is reason to believe the issuance of the permit
would be detrimental to the public.
Acts 1977, 65th Leg., p. 429, ch. 194, § 1, eff. Sept. 1, 1977.
§ 27.06. CANCELLATION OR SUSPENSION OF BASIC
PERMIT. The basic permit under which a temporary wine and beer
retailer's permit was issued may be cancelled or suspended for a
violation on the premises covered by the temporary permit that
would result in the cancellation or suspension of the basic permit
if committed on the premises covered by the basic permit.
Acts 1977, 65th Leg., p. 429, ch. 194, § 1, eff. Sept. 1, 1977.
SUBCHAPTER B. SPECIAL THREE-DAY WINE AND BEER PERMIT
§ 27.11. AUTHORIZED ACTIVITIES. The holder of a special
three-day wine and beer permit may sell for consumption on the
premises for which the permit is issued, 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.
Added by Acts 1993, 73rd Leg., ch. 934, § 33, eff. Sept. 1, 1993.
Amended by Acts 1999, 76th Leg., ch. 418, § 6, eff. Sept. 1,
1999.
§ 27.12 FEE. The state fee for a special three-day wine
and beer permit is $30.
Added by Acts 1993, 73rd Leg., ch. 934, § 33, eff. Sept. 1, 1993.
§ 27.13. ISSUANCE OF PERMIT. (a) The commission may
issue a special three-day wine and beer permit directly to a
nonprofit charitable, civic, or religious organization for the
temporary serving of wine and beer at a picnic, celebration, or
similar event sponsored by the organization.
(b) The commission by rule may limit the number of special
three-day wine and beer permits issued in each calendar year to a
single nonprofit charitable, civic, or religious organization for
events sponsored by that organization.
(c) If a special three-day wine and beer permit is issued
for a premises in an area in which the sale of beer for on-premise
consumption has been authorized by a local option election, but the
sale of wine for on-premise consumption has not been authorized,
then the permittee is only authorized to sell beer.
Added by Acts 1993, 73rd Leg., ch. 934, § 33, eff. Sept. 1, 1993.
§ 27.14. APPLICATION OF WINE AND BEER RETAILER'S PERMIT
PROVISIONS. A provision of this code that applies to a wine and
beer retailer permit applies to a special three-day wine and beer
permit unless the provision conflicts with a provision of this
subchapter.
Added by Acts 1993, 73rd Leg., ch. 934, § 33, eff. Sept. 1, 1993.
§ 27.15. RULES. The commission may adopt rules as
necessary to implement and administer this subchapter.
Added by Acts 1993, 73rd Leg., ch. 934, § 33, eff. Sept. 1, 1993.
