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ALCOHOLIC BEVERAGE CODE
TITLE 1. GENERAL PROVISIONS
CHAPTER 1. GENERAL PROVISIONS
Sec. 1.01. PURPOSE OF CODE. (a) This code is enacted as a part
of the state's continuing statutory revision program, begun by
the Texas Legislative Council in 1963 as directed by the
legislature in Chapter 448, Acts of the 58th Legislature, 1963
(Article 5429b-1, Vernon's Texas Civil Statutes). The program
contemplates a topic-by-topic revision of the state's general and
permanent statute law without substantive change.
(b) Consistent with the objectives of the statutory revision
program, the purpose of this code is to make the general and
permanent alcoholic beverage law more accessible and
understandable, by:
(1) rearranging the statutes into a more logical order;
(2) employing a format and numbering system designed to
facilitate citation of the law and to accommodate future
expansion of the law;
(3) eliminating repealed, duplicative, unconstitutional,
expired, executed, and other ineffective provisions; and
(4) restating the law in modern American English to the greatest
extent possible.
Acts 1977, 65th Leg., p. 393, ch. 194, Sec. 1, eff. Sept. 1,
1977.
Sec. 1.02. CONSTRUCTION OF CODE. The Code Construction Act
(Chapter 311, Government Code) applies to the construction of
each provision in this code, except as otherwise expressly
provided by this code.
Acts 1977, 65th Leg., p. 393, ch. 194, Sec. 1, eff. Sept. 1,
1977. Amended by Acts 1985, 69th Leg., ch. 479, Sec. 67, eff.
Sept. 1, 1985.
Sec. 1.03. PUBLIC POLICY. This code is an exercise of the
police power of the state for the protection of the welfare,
health, peace, temperance, and safety of the people of the state.
It shall be liberally construed to accomplish this purpose.
Acts 1977, 65th Leg., p. 393, ch. 194, Sec. 1, eff. Sept. 1,
1977.
Sec. 1.04. DEFINITIONS. In this code:
(1) "Alcoholic beverage" means alcohol, or any beverage
containing more than one-half of one percent of alcohol by
volume, which is capable of use for beverage purposes, either
alone or when diluted.
(2) "Consignment sale" means:
(A) the delivery of alcoholic beverages under an agreement,
arrangement, condition, or system by which the person receiving
the beverages has the right at any time to relinquish possession
to them or to return them to the shipper and in which title to
the beverages remains in the shipper;
(B) the delivery of alcoholic beverages under an agreement,
arrangement, condition, or system by which the person designated
as the receiver merely acts as an intermediary for the shipper or
seller and the actual receiver;
(C) the delivery of alcoholic beverages to a factor or broker;
(D) any method employed by a shipper or seller by which a person
designated as the purchaser of alcoholic beverages does not in
fact purchase the beverages;
(E) any method employed by a shipper or seller by which a person
is placed in actual or constructive possession of an alcoholic
beverage without acquiring title to the beverage; or
(F) any other type of transaction which may legally be construed
as a consignment sale.
(3) "Distilled spirits" means alcohol, spirits of wine, whiskey,
rum, brandy, gin, or any liquor produced in whole or in part by
the process of distillation, including all dilutions or mixtures
of them, and includes spirit coolers that may have an alcoholic
content as low as four percent alcohol by volume and that contain
plain, sparkling, or carbonated water and may also contain one or
more natural or artificial blending or flavoring ingredients.
(4) "Illicit beverage" means an alcoholic beverage:
(A) manufactured, distributed, bought, sold, bottled, rectified,
blended, treated, fortified, mixed, processed, warehoused,
stored, possessed, imported, or transported in violation of this
code;
(B) on which a tax imposed by the laws of this state has not
been paid and to which the tax stamp, if required, has not been
affixed; or
(C) possessed, kept, stored, owned, or imported with intent to
manufacture, sell, distribute, bottle, rectify, blend, treat,
fortify, mix, process, warehouse, store, or transport in
violation of this code.
(5) "Liquor" means any alcoholic beverage containing alcohol in
excess of four percent by weight, unless otherwise indicated.
Proof that an alcoholic beverage is alcohol, spirits of wine,
whiskey, liquor, wine, brandy, gin, rum, ale, malt liquor,
tequila, mescal, habanero, or barreteago, is prima facie evidence
that it is liquor.
(6) "Person" means a natural person or association of natural
persons, trustee, receiver, partnership, corporation,
organization, or the manager, agent, servant, or employee of any
of them.
(7) "Wine and vinous liquor" means the product obtained from the
alcoholic fermentation of juice of sound ripe grapes, fruits,
berries, or honey, and includes wine coolers.
(8) "Hotel" means the premises of an establishment:
(A) where, in consideration of payment, travelers are furnished
food and lodging;
(B) in which are located:
(i) at least 10 adequately furnished completely separate rooms
with adequate facilities so comfortably disposed that persons
usually apply for and receive overnight accommodations in the
establishment, either in the course of usual and regular travel
or as a residence; or
(ii) at least five rooms described by Subparagraph (i) if the
building being used as a hotel is a historic structure as defined
by Section 442.001, Government Code; and
(C) which operates a regular dining room constantly frequented
by customers each day.
(9) "Applicant" means a person who submits or files an original
or renewal application with the county judge, commission, or
administrator for a license or permit.
(10) "Commission" means the Texas Alcoholic Beverage Commission.
(11) "Permittee" means a person who is the holder of a permit
provided for in this code, or an agent, servant, or employee of
that person.
(12) "Ale" or "malt liquor" means a malt beverage containing
more than four percent of alcohol by weight.
(13) "Mixed beverage" means one or more servings of a beverage
composed in whole or part of an alcoholic beverage in a sealed or
unsealed container of any legal size for consumption on the
premises where served or sold by the holder of a mixed beverage
permit, the holder of a daily temporary mixed beverage permit,
the holder of a caterer's permit, the holder of a mixed beverage
late hours permit, the holder of a private club registration
permit, or the holder of a private club late hours permit.
(14) "Barrel" means, as a standard of measure, a quantity of
beer equal to 31 standard gallons.
(15) "Beer" means a malt beverage containing one-half of one
percent or more of alcohol by volume and not more than four
percent of alcohol by weight, and does not include a beverage
designated by label or otherwise by a name other than beer.
(16) "Licensee" means a person who is the holder of a license
provided in this code, or any agent, servant, or employee of that
person.
(17) "Manufacturer" means a person engaged in the manufacture or
brewing of beer, whether located inside or outside the state.
(18) "Original package," as applied to beer, means a container
holding beer in bulk, or any box, crate, carton, or other device
used in packing beer that is contained in bottles or other
containers.
(19) "Premises" has the meaning given it in Section 11.49 of
this code.
(20) "Citizen of Texas" and "citizen of this state" mean a
person who is a citizen of both the United States and Texas.
(21) "Minibar" means a closed container in a hotel guestroom
with access to the interior of the container restricted by a
locking device which requires the use of a key, magnetic card, or
similar device.
(22) "Minibar key" means the key, magnetic card, or similar
device which permits access to the interior of a minibar.
(23) "Guestroom" means a sleeping room, including any adjacent
private living area, in a hotel which is rented to guests for
their use as an overnight accommodation.
(24) "Wine cooler" means an alcoholic beverage consisting of
vinous liquor plus plain, sparkling, or carbonated water and
which may also contain one or more natural or artificial blending
or flavoring ingredients. A wine cooler may have an alcohol
content as low as one-half of one percent by volume.
(25) "Executive management" includes the administrator, the
assistant administrator, individuals who report directly to the
administrator, and the head of each division of the commission.
Acts 1977, 65th Leg., p. 393, ch. 194, Sec. 1, eff. Sept. 1,
1977. Amended by Acts 1989, 71st Leg., ch. 532, Sec. 1, eff. Aug.
28, 1989; Acts 1989, 71st Leg., ch. 692, Sec. 1, eff. June 14,
1989; Acts 1993, 73rd Leg., ch. 934, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2005, 79th Leg., Ch.
1182, Sec. 1, eff. June 18, 2005.
Acts 2007, 80th Leg., R.S., Ch.
68, Sec. 1, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch.
420, Sec. 1, eff. September 1, 2007.
Sec. 1.05. GENERAL PENALTY. (a) A person who violates a
provision of this code for which a specific penalty is not
provided is guilty of a misdemeanor and on conviction is
punishable by a fine of not less than $100 nor more than $1,000
or by confinement in the county jail for not more than one year
or by both.
(b) The term "specific penalty," as used in this section, means
a penalty which might be imposed as a result of a criminal
prosecution.
Acts 1977, 65th Leg., p. 395, ch. 194, Sec. 1, eff. Sept. 1,
1977.
Sec. 1.06. CODE EXCLUSIVELY GOVERNS. Unless otherwise
specifically provided by the terms of this code, the manufacture,
sale, distribution, transportation, and possession of alcoholic
beverages shall be governed exclusively by the provisions of this
code.
Acts 1977, 65th Leg., p. 395, ch. 194, Sec. 1, eff. Sept. 1,
1977.
Sec. 1.07. RESIDENT ALIENS. (a) For purposes of any provision
of this code that requires an applicant for a license or permit
to be a United States citizen or Texas citizen, regardless of
whether it applies to an individual, a percentage of stockholders
of a corporation, or members of a partnership, firm, or
association, an individual who is not a United States citizen but
who legally resides in the state is treated as a United States
citizen and a citizen of Texas.
(b) If it is required that an individual have resided in the
state for a specified period of time, an alien legally residing
in the state satisfies the requirement if he has legally resided
in the state for the prescribed period of time. If an alien
becomes a United States citizen while residing in Texas, any
continuous period of time he legally resided in the state
immediately before becoming a citizen is included in computing
his period of continuous residence in the state.
Added by Acts 1979, 66th Leg., p. 1971, ch. 777, Sec. 18, eff.
Aug. 27, 1979.
Text of section as added by Acts 1993, 73rd Leg., ch. 437, Sec. 1
Sec. 1.08. CRIMINAL NEGLIGENCE DEFINED. For purposes of this
code, a person acts with criminal negligence if the person acts
with a mental state that would constitute criminal negligence
under Chapter 6, Penal Code, if the act were an offense.
Added by Acts 1993, 73rd Leg., ch. 437, Sec. 1, eff. Sept. 1,
1993.
Text of section as added by Acts 1993, 73rd Leg., ch. 934, Sec. 2
Sec. 1.08. CRIMINAL NEGLIGENCE STANDARD FOR ADMINISTRATIVE
ACTION. For the purposes of administrative actions under this
code, a person acts with criminal negligence if the person acts
with a mental state that would constitute criminal negligence
under Chapter 6, Penal Code, if the act were an offense.
Added by Acts 1993, 73rd Leg., ch. 934, Sec. 2, eff. Sept. 1,
1993.
State Codes and Statutes
Statutes > Texas > Alcoholic-beverage-code > Title-1-general-provisions > Chapter-1-general-provisions
ALCOHOLIC BEVERAGE CODE
TITLE 1. GENERAL PROVISIONS
CHAPTER 1. GENERAL PROVISIONS
Sec. 1.01. PURPOSE OF CODE. (a) This code is enacted as a part
of the state's continuing statutory revision program, begun by
the Texas Legislative Council in 1963 as directed by the
legislature in Chapter 448, Acts of the 58th Legislature, 1963
(Article 5429b-1, Vernon's Texas Civil Statutes). The program
contemplates a topic-by-topic revision of the state's general and
permanent statute law without substantive change.
(b) Consistent with the objectives of the statutory revision
program, the purpose of this code is to make the general and
permanent alcoholic beverage law more accessible and
understandable, by:
(1) rearranging the statutes into a more logical order;
(2) employing a format and numbering system designed to
facilitate citation of the law and to accommodate future
expansion of the law;
(3) eliminating repealed, duplicative, unconstitutional,
expired, executed, and other ineffective provisions; and
(4) restating the law in modern American English to the greatest
extent possible.
Acts 1977, 65th Leg., p. 393, ch. 194, Sec. 1, eff. Sept. 1,
1977.
Sec. 1.02. CONSTRUCTION OF CODE. The Code Construction Act
(Chapter 311, Government Code) applies to the construction of
each provision in this code, except as otherwise expressly
provided by this code.
Acts 1977, 65th Leg., p. 393, ch. 194, Sec. 1, eff. Sept. 1,
1977. Amended by Acts 1985, 69th Leg., ch. 479, Sec. 67, eff.
Sept. 1, 1985.
Sec. 1.03. PUBLIC POLICY. This code is an exercise of the
police power of the state for the protection of the welfare,
health, peace, temperance, and safety of the people of the state.
It shall be liberally construed to accomplish this purpose.
Acts 1977, 65th Leg., p. 393, ch. 194, Sec. 1, eff. Sept. 1,
1977.
Sec. 1.04. DEFINITIONS. In this code:
(1) "Alcoholic beverage" means alcohol, or any beverage
containing more than one-half of one percent of alcohol by
volume, which is capable of use for beverage purposes, either
alone or when diluted.
(2) "Consignment sale" means:
(A) the delivery of alcoholic beverages under an agreement,
arrangement, condition, or system by which the person receiving
the beverages has the right at any time to relinquish possession
to them or to return them to the shipper and in which title to
the beverages remains in the shipper;
(B) the delivery of alcoholic beverages under an agreement,
arrangement, condition, or system by which the person designated
as the receiver merely acts as an intermediary for the shipper or
seller and the actual receiver;
(C) the delivery of alcoholic beverages to a factor or broker;
(D) any method employed by a shipper or seller by which a person
designated as the purchaser of alcoholic beverages does not in
fact purchase the beverages;
(E) any method employed by a shipper or seller by which a person
is placed in actual or constructive possession of an alcoholic
beverage without acquiring title to the beverage; or
(F) any other type of transaction which may legally be construed
as a consignment sale.
(3) "Distilled spirits" means alcohol, spirits of wine, whiskey,
rum, brandy, gin, or any liquor produced in whole or in part by
the process of distillation, including all dilutions or mixtures
of them, and includes spirit coolers that may have an alcoholic
content as low as four percent alcohol by volume and that contain
plain, sparkling, or carbonated water and may also contain one or
more natural or artificial blending or flavoring ingredients.
(4) "Illicit beverage" means an alcoholic beverage:
(A) manufactured, distributed, bought, sold, bottled, rectified,
blended, treated, fortified, mixed, processed, warehoused,
stored, possessed, imported, or transported in violation of this
code;
(B) on which a tax imposed by the laws of this state has not
been paid and to which the tax stamp, if required, has not been
affixed; or
(C) possessed, kept, stored, owned, or imported with intent to
manufacture, sell, distribute, bottle, rectify, blend, treat,
fortify, mix, process, warehouse, store, or transport in
violation of this code.
(5) "Liquor" means any alcoholic beverage containing alcohol in
excess of four percent by weight, unless otherwise indicated.
Proof that an alcoholic beverage is alcohol, spirits of wine,
whiskey, liquor, wine, brandy, gin, rum, ale, malt liquor,
tequila, mescal, habanero, or barreteago, is prima facie evidence
that it is liquor.
(6) "Person" means a natural person or association of natural
persons, trustee, receiver, partnership, corporation,
organization, or the manager, agent, servant, or employee of any
of them.
(7) "Wine and vinous liquor" means the product obtained from the
alcoholic fermentation of juice of sound ripe grapes, fruits,
berries, or honey, and includes wine coolers.
(8) "Hotel" means the premises of an establishment:
(A) where, in consideration of payment, travelers are furnished
food and lodging;
(B) in which are located:
(i) at least 10 adequately furnished completely separate rooms
with adequate facilities so comfortably disposed that persons
usually apply for and receive overnight accommodations in the
establishment, either in the course of usual and regular travel
or as a residence; or
(ii) at least five rooms described by Subparagraph (i) if the
building being used as a hotel is a historic structure as defined
by Section 442.001, Government Code; and
(C) which operates a regular dining room constantly frequented
by customers each day.
(9) "Applicant" means a person who submits or files an original
or renewal application with the county judge, commission, or
administrator for a license or permit.
(10) "Commission" means the Texas Alcoholic Beverage Commission.
(11) "Permittee" means a person who is the holder of a permit
provided for in this code, or an agent, servant, or employee of
that person.
(12) "Ale" or "malt liquor" means a malt beverage containing
more than four percent of alcohol by weight.
(13) "Mixed beverage" means one or more servings of a beverage
composed in whole or part of an alcoholic beverage in a sealed or
unsealed container of any legal size for consumption on the
premises where served or sold by the holder of a mixed beverage
permit, the holder of a daily temporary mixed beverage permit,
the holder of a caterer's permit, the holder of a mixed beverage
late hours permit, the holder of a private club registration
permit, or the holder of a private club late hours permit.
(14) "Barrel" means, as a standard of measure, a quantity of
beer equal to 31 standard gallons.
(15) "Beer" means a malt beverage containing one-half of one
percent or more of alcohol by volume and not more than four
percent of alcohol by weight, and does not include a beverage
designated by label or otherwise by a name other than beer.
(16) "Licensee" means a person who is the holder of a license
provided in this code, or any agent, servant, or employee of that
person.
(17) "Manufacturer" means a person engaged in the manufacture or
brewing of beer, whether located inside or outside the state.
(18) "Original package," as applied to beer, means a container
holding beer in bulk, or any box, crate, carton, or other device
used in packing beer that is contained in bottles or other
containers.
(19) "Premises" has the meaning given it in Section 11.49 of
this code.
(20) "Citizen of Texas" and "citizen of this state" mean a
person who is a citizen of both the United States and Texas.
(21) "Minibar" means a closed container in a hotel guestroom
with access to the interior of the container restricted by a
locking device which requires the use of a key, magnetic card, or
similar device.
(22) "Minibar key" means the key, magnetic card, or similar
device which permits access to the interior of a minibar.
(23) "Guestroom" means a sleeping room, including any adjacent
private living area, in a hotel which is rented to guests for
their use as an overnight accommodation.
(24) "Wine cooler" means an alcoholic beverage consisting of
vinous liquor plus plain, sparkling, or carbonated water and
which may also contain one or more natural or artificial blending
or flavoring ingredients. A wine cooler may have an alcohol
content as low as one-half of one percent by volume.
(25) "Executive management" includes the administrator, the
assistant administrator, individuals who report directly to the
administrator, and the head of each division of the commission.
Acts 1977, 65th Leg., p. 393, ch. 194, Sec. 1, eff. Sept. 1,
1977. Amended by Acts 1989, 71st Leg., ch. 532, Sec. 1, eff. Aug.
28, 1989; Acts 1989, 71st Leg., ch. 692, Sec. 1, eff. June 14,
1989; Acts 1993, 73rd Leg., ch. 934, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2005, 79th Leg., Ch.
1182, Sec. 1, eff. June 18, 2005.
Acts 2007, 80th Leg., R.S., Ch.
68, Sec. 1, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch.
420, Sec. 1, eff. September 1, 2007.
Sec. 1.05. GENERAL PENALTY. (a) A person who violates a
provision of this code for which a specific penalty is not
provided is guilty of a misdemeanor and on conviction is
punishable by a fine of not less than $100 nor more than $1,000
or by confinement in the county jail for not more than one year
or by both.
(b) The term "specific penalty," as used in this section, means
a penalty which might be imposed as a result of a criminal
prosecution.
Acts 1977, 65th Leg., p. 395, ch. 194, Sec. 1, eff. Sept. 1,
1977.
Sec. 1.06. CODE EXCLUSIVELY GOVERNS. Unless otherwise
specifically provided by the terms of this code, the manufacture,
sale, distribution, transportation, and possession of alcoholic
beverages shall be governed exclusively by the provisions of this
code.
Acts 1977, 65th Leg., p. 395, ch. 194, Sec. 1, eff. Sept. 1,
1977.
Sec. 1.07. RESIDENT ALIENS. (a) For purposes of any provision
of this code that requires an applicant for a license or permit
to be a United States citizen or Texas citizen, regardless of
whether it applies to an individual, a percentage of stockholders
of a corporation, or members of a partnership, firm, or
association, an individual who is not a United States citizen but
who legally resides in the state is treated as a United States
citizen and a citizen of Texas.
(b) If it is required that an individual have resided in the
state for a specified period of time, an alien legally residing
in the state satisfies the requirement if he has legally resided
in the state for the prescribed period of time. If an alien
becomes a United States citizen while residing in Texas, any
continuous period of time he legally resided in the state
immediately before becoming a citizen is included in computing
his period of continuous residence in the state.
Added by Acts 1979, 66th Leg., p. 1971, ch. 777, Sec. 18, eff.
Aug. 27, 1979.
Text of section as added by Acts 1993, 73rd Leg., ch. 437, Sec. 1
Sec. 1.08. CRIMINAL NEGLIGENCE DEFINED. For purposes of this
code, a person acts with criminal negligence if the person acts
with a mental state that would constitute criminal negligence
under Chapter 6, Penal Code, if the act were an offense.
Added by Acts 1993, 73rd Leg., ch. 437, Sec. 1, eff. Sept. 1,
1993.
Text of section as added by Acts 1993, 73rd Leg., ch. 934, Sec. 2
Sec. 1.08. CRIMINAL NEGLIGENCE STANDARD FOR ADMINISTRATIVE
ACTION. For the purposes of administrative actions under this
code, a person acts with criminal negligence if the person acts
with a mental state that would constitute criminal negligence
under Chapter 6, Penal Code, if the act were an offense.
Added by Acts 1993, 73rd Leg., ch. 934, Sec. 2, eff. Sept. 1,
1993.
State Codes and Statutes
Statutes >
Texas >
Alcoholic-beverage-code >
Title-1-general-provisions >
Chapter-1-general-provisions ALCOHOLIC BEVERAGE CODE
TITLE 1. GENERAL PROVISIONS
CHAPTER 1. GENERAL PROVISIONS
Sec. 1.01. PURPOSE OF CODE. (a) This code is enacted as a part
of the state's continuing statutory revision program, begun by
the Texas Legislative Council in 1963 as directed by the
legislature in Chapter 448, Acts of the 58th Legislature, 1963
(Article 5429b-1, Vernon's Texas Civil Statutes). The program
contemplates a topic-by-topic revision of the state's general and
permanent statute law without substantive change.
(b) Consistent with the objectives of the statutory revision
program, the purpose of this code is to make the general and
permanent alcoholic beverage law more accessible and
understandable, by:
(1) rearranging the statutes into a more logical order;
(2) employing a format and numbering system designed to
facilitate citation of the law and to accommodate future
expansion of the law;
(3) eliminating repealed, duplicative, unconstitutional,
expired, executed, and other ineffective provisions; and
(4) restating the law in modern American English to the greatest
extent possible.
Acts 1977, 65th Leg., p. 393, ch. 194, Sec. 1, eff. Sept. 1,
1977.
Sec. 1.02. CONSTRUCTION OF CODE. The Code Construction Act
(Chapter 311, Government Code) applies to the construction of
each provision in this code, except as otherwise expressly
provided by this code.
Acts 1977, 65th Leg., p. 393, ch. 194, Sec. 1, eff. Sept. 1,
1977. Amended by Acts 1985, 69th Leg., ch. 479, Sec. 67, eff.
Sept. 1, 1985.
Sec. 1.03. PUBLIC POLICY. This code is an exercise of the
police power of the state for the protection of the welfare,
health, peace, temperance, and safety of the people of the state.
It shall be liberally construed to accomplish this purpose.
Acts 1977, 65th Leg., p. 393, ch. 194, Sec. 1, eff. Sept. 1,
1977.
Sec. 1.04. DEFINITIONS. In this code:
(1) "Alcoholic beverage" means alcohol, or any beverage
containing more than one-half of one percent of alcohol by
volume, which is capable of use for beverage purposes, either
alone or when diluted.
(2) "Consignment sale" means:
(A) the delivery of alcoholic beverages under an agreement,
arrangement, condition, or system by which the person receiving
the beverages has the right at any time to relinquish possession
to them or to return them to the shipper and in which title to
the beverages remains in the shipper;
(B) the delivery of alcoholic beverages under an agreement,
arrangement, condition, or system by which the person designated
as the receiver merely acts as an intermediary for the shipper or
seller and the actual receiver;
(C) the delivery of alcoholic beverages to a factor or broker;
(D) any method employed by a shipper or seller by which a person
designated as the purchaser of alcoholic beverages does not in
fact purchase the beverages;
(E) any method employed by a shipper or seller by which a person
is placed in actual or constructive possession of an alcoholic
beverage without acquiring title to the beverage; or
(F) any other type of transaction which may legally be construed
as a consignment sale.
(3) "Distilled spirits" means alcohol, spirits of wine, whiskey,
rum, brandy, gin, or any liquor produced in whole or in part by
the process of distillation, including all dilutions or mixtures
of them, and includes spirit coolers that may have an alcoholic
content as low as four percent alcohol by volume and that contain
plain, sparkling, or carbonated water and may also contain one or
more natural or artificial blending or flavoring ingredients.
(4) "Illicit beverage" means an alcoholic beverage:
(A) manufactured, distributed, bought, sold, bottled, rectified,
blended, treated, fortified, mixed, processed, warehoused,
stored, possessed, imported, or transported in violation of this
code;
(B) on which a tax imposed by the laws of this state has not
been paid and to which the tax stamp, if required, has not been
affixed; or
(C) possessed, kept, stored, owned, or imported with intent to
manufacture, sell, distribute, bottle, rectify, blend, treat,
fortify, mix, process, warehouse, store, or transport in
violation of this code.
(5) "Liquor" means any alcoholic beverage containing alcohol in
excess of four percent by weight, unless otherwise indicated.
Proof that an alcoholic beverage is alcohol, spirits of wine,
whiskey, liquor, wine, brandy, gin, rum, ale, malt liquor,
tequila, mescal, habanero, or barreteago, is prima facie evidence
that it is liquor.
(6) "Person" means a natural person or association of natural
persons, trustee, receiver, partnership, corporation,
organization, or the manager, agent, servant, or employee of any
of them.
(7) "Wine and vinous liquor" means the product obtained from the
alcoholic fermentation of juice of sound ripe grapes, fruits,
berries, or honey, and includes wine coolers.
(8) "Hotel" means the premises of an establishment:
(A) where, in consideration of payment, travelers are furnished
food and lodging;
(B) in which are located:
(i) at least 10 adequately furnished completely separate rooms
with adequate facilities so comfortably disposed that persons
usually apply for and receive overnight accommodations in the
establishment, either in the course of usual and regular travel
or as a residence; or
(ii) at least five rooms described by Subparagraph (i) if the
building being used as a hotel is a historic structure as defined
by Section 442.001, Government Code; and
(C) which operates a regular dining room constantly frequented
by customers each day.
(9) "Applicant" means a person who submits or files an original
or renewal application with the county judge, commission, or
administrator for a license or permit.
(10) "Commission" means the Texas Alcoholic Beverage Commission.
(11) "Permittee" means a person who is the holder of a permit
provided for in this code, or an agent, servant, or employee of
that person.
(12) "Ale" or "malt liquor" means a malt beverage containing
more than four percent of alcohol by weight.
(13) "Mixed beverage" means one or more servings of a beverage
composed in whole or part of an alcoholic beverage in a sealed or
unsealed container of any legal size for consumption on the
premises where served or sold by the holder of a mixed beverage
permit, the holder of a daily temporary mixed beverage permit,
the holder of a caterer's permit, the holder of a mixed beverage
late hours permit, the holder of a private club registration
permit, or the holder of a private club late hours permit.
(14) "Barrel" means, as a standard of measure, a quantity of
beer equal to 31 standard gallons.
(15) "Beer" means a malt beverage containing one-half of one
percent or more of alcohol by volume and not more than four
percent of alcohol by weight, and does not include a beverage
designated by label or otherwise by a name other than beer.
(16) "Licensee" means a person who is the holder of a license
provided in this code, or any agent, servant, or employee of that
person.
(17) "Manufacturer" means a person engaged in the manufacture or
brewing of beer, whether located inside or outside the state.
(18) "Original package," as applied to beer, means a container
holding beer in bulk, or any box, crate, carton, or other device
used in packing beer that is contained in bottles or other
containers.
(19) "Premises" has the meaning given it in Section 11.49 of
this code.
(20) "Citizen of Texas" and "citizen of this state" mean a
person who is a citizen of both the United States and Texas.
(21) "Minibar" means a closed container in a hotel guestroom
with access to the interior of the container restricted by a
locking device which requires the use of a key, magnetic card, or
similar device.
(22) "Minibar key" means the key, magnetic card, or similar
device which permits access to the interior of a minibar.
(23) "Guestroom" means a sleeping room, including any adjacent
private living area, in a hotel which is rented to guests for
their use as an overnight accommodation.
(24) "Wine cooler" means an alcoholic beverage consisting of
vinous liquor plus plain, sparkling, or carbonated water and
which may also contain one or more natural or artificial blending
or flavoring ingredients. A wine cooler may have an alcohol
content as low as one-half of one percent by volume.
(25) "Executive management" includes the administrator, the
assistant administrator, individuals who report directly to the
administrator, and the head of each division of the commission.
Acts 1977, 65th Leg., p. 393, ch. 194, Sec. 1, eff. Sept. 1,
1977. Amended by Acts 1989, 71st Leg., ch. 532, Sec. 1, eff. Aug.
28, 1989; Acts 1989, 71st Leg., ch. 692, Sec. 1, eff. June 14,
1989; Acts 1993, 73rd Leg., ch. 934, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2005, 79th Leg., Ch.
1182, Sec. 1, eff. June 18, 2005.
Acts 2007, 80th Leg., R.S., Ch.
68, Sec. 1, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch.
420, Sec. 1, eff. September 1, 2007.
Sec. 1.05. GENERAL PENALTY. (a) A person who violates a
provision of this code for which a specific penalty is not
provided is guilty of a misdemeanor and on conviction is
punishable by a fine of not less than $100 nor more than $1,000
or by confinement in the county jail for not more than one year
or by both.
(b) The term "specific penalty," as used in this section, means
a penalty which might be imposed as a result of a criminal
prosecution.
Acts 1977, 65th Leg., p. 395, ch. 194, Sec. 1, eff. Sept. 1,
1977.
Sec. 1.06. CODE EXCLUSIVELY GOVERNS. Unless otherwise
specifically provided by the terms of this code, the manufacture,
sale, distribution, transportation, and possession of alcoholic
beverages shall be governed exclusively by the provisions of this
code.
Acts 1977, 65th Leg., p. 395, ch. 194, Sec. 1, eff. Sept. 1,
1977.
Sec. 1.07. RESIDENT ALIENS. (a) For purposes of any provision
of this code that requires an applicant for a license or permit
to be a United States citizen or Texas citizen, regardless of
whether it applies to an individual, a percentage of stockholders
of a corporation, or members of a partnership, firm, or
association, an individual who is not a United States citizen but
who legally resides in the state is treated as a United States
citizen and a citizen of Texas.
(b) If it is required that an individual have resided in the
state for a specified period of time, an alien legally residing
in the state satisfies the requirement if he has legally resided
in the state for the prescribed period of time. If an alien
becomes a United States citizen while residing in Texas, any
continuous period of time he legally resided in the state
immediately before becoming a citizen is included in computing
his period of continuous residence in the state.
Added by Acts 1979, 66th Leg., p. 1971, ch. 777, Sec. 18, eff.
Aug. 27, 1979.
Text of section as added by Acts 1993, 73rd Leg., ch. 437, Sec. 1
Sec. 1.08. CRIMINAL NEGLIGENCE DEFINED. For purposes of this
code, a person acts with criminal negligence if the person acts
with a mental state that would constitute criminal negligence
under Chapter 6, Penal Code, if the act were an offense.
Added by Acts 1993, 73rd Leg., ch. 437, Sec. 1, eff. Sept. 1,
1993.
Text of section as added by Acts 1993, 73rd Leg., ch. 934, Sec. 2
Sec. 1.08. CRIMINAL NEGLIGENCE STANDARD FOR ADMINISTRATIVE
ACTION. For the purposes of administrative actions under this
code, a person acts with criminal negligence if the person acts
with a mental state that would constitute criminal negligence
under Chapter 6, Penal Code, if the act were an offense.
Added by Acts 1993, 73rd Leg., ch. 934, Sec. 2, eff. Sept. 1,
1993.
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