ALCOHOLIC BEVERAGE CODE
CHAPTER 51. MINIBAR PERMIT
§ 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, § 2, eff. June 14, 1989.
§ 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, § 2, eff. June 14, 1989.
§ 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, § 2, eff. June 14, 1989.
§ 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, § 2, eff. June 14, 1989.
Amended by Acts 1993, 73rd Leg., ch. 934, § 47, eff. Sept. 1,
1993.
§ 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, § 2, eff. June 14, 1989.
§ 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, § 2, eff. June 14, 1989.
§ 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, § 2, eff. June 14, 1989.
§ 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, § 2, eff. June 14, 1989.
§ 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, § 2, eff. June 14, 1989.
§ 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, § 2, eff. June 14, 1989.
