ALCOHOLIC BEVERAGE CODE
CHAPTER 69. RETAIL DEALERS ON-PREMISE LICENSE
§ 69.01. AUTHORIZED ACTIVITIES. The holder of a retail
dealer's on-premise license may sell beer in or from any lawful
container to the ultimate consumer for consumption on or off the
premises where sold. The licensee may not sell beer for resale.
Acts 1977, 65th Leg., p. 482, ch. 194, § 1, eff. Sept. 1, 1977.
§ 69.02 FEE. Except as provided in Section 69.03 of
this code, the annual state fee for a retail dealer's on-premise
license is $150.
Acts 1977, 65th Leg., p. 482, ch. 194, § 1, eff. Sept. 1, 1977.
Amended by Acts 1983, 68th Leg., p. 1351, ch. 278, § 45, eff.
Sept. 1, 1983.
§ 69.03. ISSUANCE OF LICENSE FOR RAILWAY CARS. A retail
dealer's on-premise license may be issued for a railway dining,
buffet, or club car. Application for a license of this type shall
be made directly to the commission, and the annual state fee is $30
for each car.
Acts 1977, 65th Leg., p. 482, ch. 194, § 1, eff. Sept. 1, 1977.
Amended by Acts 1983, 68th Leg., p. 1351, ch. 278, § 46, eff.
Sept. 1, 1983.
§ 69.04. HOTELS NOT DISQUALIFIED. The fact that a hotel
holds a permit to sell distilled spirits in unbroken packages does
not disqualify the hotel from also obtaining a license to sell beer
for on-premises consumption.
Acts 1977, 65th Leg., p. 482, ch. 194, § 1, eff. Sept. 1, 1977.
§ 69.05. HEARINGS ON LICENSE APPLICATION: NOTICE AND
ATTENDANCE. (a) On receipt of an original application for a
retail dealer's on-premise license, 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 license is sought are located.
(b) The individual natural person applying for the license
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. 482, ch. 194, § 1, eff. Sept. 1, 1977.
§ 69.06. DENIAL OF ORIGINAL APPLICATION. (a) The
county judge shall deny an original application for a retail
dealer's on-premise license 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 the Texas Controlled Substances Act 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 license if he finds that five years has 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
retail dealer's on-premise license if it finds:
(1) that the applicant or the applicant's spouse has
been finally 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 has not elapsed since the
termination of a sentence, parole, or probation served by the
applicant or the applicant's spouse because of a felony prosecution
or prosecution for 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 license 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. 483, ch. 194, § 1, eff. Sept. 1, 1977.
Amended by Acts 2003, 78th Leg., ch. 625, § 5, eff. Sept. 1,
2003.
§ 69.09. ACQUISITION OF BEVERAGES FOR RESALE FROM OTHER
LICENSEES PROHIBITED. No holder of a retail dealer's on-premise
license may borrow or acquire from, exchange with, or loan to any
other holder of a retail dealer's on-premise license or holder of a
retail dealer's off-premise license any alcoholic beverage for the
purpose of resale.
Acts 1977, 65th Leg., p. 484, ch. 194, § 1, eff. Sept. 1, 1977.
§ 69.10. STORING OR POSSESSING BEER OFF PREMISES
PROHIBITED. No holder of a retail dealer's on-premise license may
own, possess, or store beer for the purpose of resale except on the
licensed premises.
Acts 1977, 65th Leg., p. 484, ch. 194, § 1, eff. Sept. 1, 1977.
§ 69.11. EXCHANGE OR TRANSPORTATION OF BEER BETWEEN
LICENSED PREMISES UNDER SAME OWNERSHIP. The owner of two or more
licensed retail premises may not exchange or transport beer between
them unless all of the conditions set out in Section 24.04 of this
code are met, except that beer may be transferred between two
licensed retail premises that are both covered by package store
permits as provided in Section 22.08 of this code.
Acts 1977, 65th Leg., p. 484, ch. 194, § 1, eff. Sept. 1, 1977.
§ 69.12. POSSESSION OF CERTAIN BEVERAGES
PROHIBITED. No retail dealer's on-premise licensee, nor the
licensee's officer, agent, servant, or employee, may possess on the
licensed premises an alcoholic beverage which is not authorized to
be sold on the premises.
Acts 1977, 65th Leg., p. 484, ch. 194, § 1, eff. Sept. 1, 1977.
§ 69.13. BREACH OF PEACE: RETAIL ESTABLISHMENT. The
commission or administrator may suspend or cancel the license of a
retail beer dealer after giving the licensee notice and the
opportunity to show compliance with all requirements of law for
retention of the license if it finds that a breach of the peace has
occurred on the licensed premises or on premises under the
licensee's control and that the breach of the peace was not beyond
the control of the licensee and resulted from his improper
supervision of persons permitted to be on the licensed premises or
on premises under his control.
Acts 1977, 65th Leg., p. 484, ch. 194, § 1, eff. Sept. 1, 1977.
§ 69.14. SEATING AREA REQUIRED. A retail dealer's
on-premise licensee must have an area designated on the premises
for the permittee's customers to sit if they wish to consume
beverages sold by the licensee on the premises.
Added by Acts 1983, 68th Leg., p. 2211, ch. 414, § 2, eff. Sept.
1, 1983.
§ 69.15. RESTRICTIONS ON LOCATION IN CERTAIN
MUNICIPALITIES. (a) Section 11.52 of this code applies to the
issuance of a retail dealer's on-premise license as if the license
were a permit to which this section applies.
(b) Section 61.31(b) of this code does not apply to an
application for a retail dealer's on-premise license.
Added by Acts 1993, 73rd Leg., ch. 934, § 56, eff. Sept. 1, 1993.
§ 69.16. FOOD AND BEVERAGE CERTIFICATE. (a) A holder
of a retail dealer's on-premise license 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 retail dealer's on-premise license. 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 licensee's retail dealer's on-premise license.
(e) Section 61.13 does not apply to the holder of a food and
beverage certificate.
Added by Acts 1995, 74th Leg., ch. 1060, § 8, eff. Aug. 28, 1995.
Amended by Acts 2001, 77th Leg., ch. 853, § 4, eff. Sept. 1,
2001; Acts 2001, 77th Leg., ch. 1045, § 4, eff. Sept. 1, 2001.
