ALCOHOLIC BEVERAGE CODE
CHAPTER 104. REGULATION OF RETAILERS
§ 104.01. LEWD, IMMORAL, INDECENT CONDUCT. No person
authorized to sell beer at retail, nor his agent, servant, or
employee, may engage in or permit conduct on the premises of the
retailer which is lewd, immoral, or offensive to public decency,
including, but not limited to, any of the following acts:
(1) the use of loud and vociferous or obscene, vulgar,
or indecent language, or permitting its use;
(2) the exposure of person or permitting a person to
expose his person;
(3) rudely displaying or permitting a person to rudely
display a pistol or other deadly weapon in a manner calculated to
disturb persons in the retail establishment;
(4) solicitation of any person to buy drinks for
consumption by the retailer or any of his employees;
(5) being intoxicated on the licensed premises;
(6) permitting lewd or vulgar entertainment or acts;
(7) permitting solicitations of persons for immoral or
sexual purposes;
(8) failing or refusing to comply with state or
municipal health or sanitary laws or ordinances; or
(9) possession of a narcotic or any equipment used or
designed for the administering of a narcotic or permitting a person
on the licensed premises to do so.
Acts 1977, 65th Leg., p. 510, ch. 194, § 1, eff. Sept. 1, 1977.
Amended by Acts 1979, 66th Leg., p. 204, ch. 114, § 1, eff. Aug.
27, 1979; Acts 1987, 70th Leg., ch. 303, § 7, eff. June 11, 1987;
Acts 1989, 71st Leg., ch. 1200, § 2, eff. June 16, 1989.
§ 104.02. BLINDS AND BARRIERS. (a) No person may
install or maintain a blind or barrier in the opening or door of a
retail alcoholic beverage establishment or paint the windows, at or
above a point 54 inches above the ground or sidewalk beneath the
window, in a manner that will obstruct the view of the general
public.
(b) No person may install or maintain a curtain, hanging,
sign, or other obstruction that prevents a clear view of the
interior of a package store or wine only package store, except a
drug store that holds one of those permits may display drug
merchandise notwithstanding this subsection.
Acts 1977, 65th Leg., p. 511, ch. 194, § 1, eff. Sept. 1, 1977.
§ 104.03. CONSPIRACY; ACCEPTING UNLAWFUL BENEFIT. A
retail dealer or his agent, servant, or employee commits an offense
if he conspires with another person to violate or accepts the
benefits of a violation of this code or a valid rule of the
commission.
Acts 1977, 65th Leg., p. 511, ch. 194, § 1, eff. Sept. 1, 1977.
§ 104.04. DRAFT BEER DISPENSER: SIGN REQUIRED. No
retail dealer may dispense draft beer unless each faucet or other
dispensing apparatus is equipped with a sign clearly indicating the
name or brand of the product being dispensed through the faucet or
apparatus. The sign must be in full sight of the purchaser, and the
letters on it must be legible.
Acts 1977, 65th Leg., p. 511, ch. 194, § 1, eff. Sept. 1, 1977.
§ 104.05. SALE IN ORIGINAL PACKAGING. (a) This
section applies to a permittee or licensee who is authorized to sell
beer, malt liquor, or ale to an ultimate consumer for consumption
off the permitted or licensed premises.
(b) The holder of a permit or license described in
Subsection (a) of this section may resell beer, malt liquor, or ale
only in the packaging in which the holder received the beer, malt
liquor, or ale or may resell the contents of the packages as
individual containers.
(c) Except for purposes of resale as individual containers,
a licensee or permittee may not:
(1) mutilate, tear apart, or cut apart original
packaging in which beer, malt liquor, or ale was received; or
(2) repackage beer, malt liquor, or ale in a manner
misleading to the consumer or that results in required labeling
being omitted or obscured.
(d) Nothing in this code prevents a retailer from making a
claim for the replacement of alcoholic beverages delivered to the
retailer by a wholesaler or distributor in a damaged condition. A
wholesaler or distributor may not give a refund for or replace
alcoholic beverages that were damaged while in the possession of
the retailer.
(e) To assure and control product quality, the holder of a
distributor's license, wholesaler's permit, or class B wholesaler's
permit, at the time of a regular delivery, may withdraw, with the
permission of the retailer, a quantity of beer, ale, or malt liquor
in its undamaged original packaging from the retailer's stock, if:
(1) the distributor, wholesaler, or class B wholesaler
replaces the stock with beer, ale, or malt liquor of identical
brands, quantities, and packages as the beer, ale, or malt liquor
withdrawn;
(2) the stock is withdrawn before the date considered
by the manufacturer of the product to be the date the product
becomes inappropriate for sale to a consumer; and
(3) the quantity of stock withdrawn does not exceed
the equivalent of 15 cases of 24 12-ounce containers.
(f) A consignment sale of an alcoholic beverage is not
authorized under Subsection (e) of this section.
Added by Acts 1993, 73rd Leg., ch. 934, § 68, eff. Sept. 1, 1993.
§ 104.06. MONITORING OF GROSS RECEIPTS. (a) On the
issuance and renewal of a license or permit that allows on-premises
consumption of any alcoholic beverage the commission shall
determine whether the holder receives, or for the issuance of a
license or permit is to receive, 51 percent or more of the gross
receipts of the premises for which the license or permit is issued
from the holder's sale or service of alcoholic beverages for
on-premises consumption.
(b) The commission shall:
(1) adopt rules for making a determination under
Subsection (a); and
(2) require a holder of a license or permit to provide
any information or document that the commission needs to make a
determination.
(c) If the commission makes a determination under
Subsection (a) that a holder of a license or permit receives 51
percent or more of the gross receipts of the premises from the sale
or service of alcoholic beverages, the holder shall comply with the
requirements of Section 411.204, Government Code, and shall
continue to comply with those requirements until the commission
determines that the holder receives less than 51 percent of the
gross receipts of the premises from the sale or service of alcoholic
beverages for on-premises consumption.
Added by Acts 1997, 75th Leg., ch. 1261, § 20, eff. Sept. 1,
1997. Amended by Acts 1999, 76th Leg., ch. 62, § 9.22, eff.
Sept. 1, 1999.
