State Codes and Statutes
Statutes > Texas > Alcoholic-beverage-code > Title-3-licenses-and-permits > Chapter-31-caterer-s-permit
ALCOHOLIC BEVERAGE CODE
TITLE 3. LICENSES AND PERMITS
SUBTITLE A. PERMITS
CHAPTER 31. CATERER'S PERMIT
Sec. 31.01. AUTHORIZED ACTIVITIES. The holder of a caterer's
permit may sell mixed beverages on a temporary basis at a place
other than the premises for which the holder's mixed beverage
permit is issued only in:
(1) an area where the sale of mixed beverages has been
authorized by a local option election; or
(2) an area that:
(A) is adjacent to a county with a home-rule municipality with a
population of more than 350,000:
(i) that has in its charter a provision allowing for limited
purpose annexation for zoning;
(ii) that has previously disannexed territory annexed for
limited purposes; and
(iii) that allows the sale of mixed beverages;
(B) does not comprise an entire county; and
(C) is not within the corporate limits of a municipality.
Acts 1977, 65th Leg., p. 434, ch. 194, Sec. 1, eff. Sept. 1,
1977. Amended by Acts 1993, 73rd Leg., ch. 934, Sec. 39, eff.
Sept. 1, 1993.
Sec. 31.02. FEE. The annual state fee for a caterer's permit is
$500.
Acts 1977, 65th Leg., p. 434, ch. 194, Sec. 1, eff. Sept. 1,
1977. Amended by Acts 1983, 68th Leg., p. 1347, ch. 278, Sec. 21,
eff. Sept. 1, 1983.
Sec. 31.03. ISSUANCE OF PERMIT. (a) A caterer's permit may be
issued only to the holder of a mixed beverage permit.
(b) The commission shall adopt rules and regulations governing
the application for and the issuance and use of caterer's
permits.
(c) The provisions of this code which apply to the application
for and issuance of other permits do not apply to the application
for and issuance of a caterer's permit.
Acts 1977, 65th Leg., p. 434, ch. 194, Sec. 1, eff. Sept. 1,
1977.
Sec. 31.04. APPLICATION OF PROVISIONS REGULATING MIXED BEVERAGE
PERMITS. (a) A caterer's permit is auxiliary to the primary
mixed beverage permit held by the permittee.
(b) The restrictions and regulations which apply to the sale of
mixed beverages on the licensed premises also apply to the sale
under the authority of a caterer's permit, and any act that is
prohibited on the licensed premises is also prohibited when the
permittee is operating other than on the licensed premises under
a caterer's permit.
(c) Any act which if done on the licensed premises would be a
ground for cancellation or suspension of the mixed beverage
permit is a ground for cancellation of both the mixed beverage
permit and the caterer's permit if done when the permittee is
operating away from the licensed premises under the authority of
the caterer's permit.
(d) All receipts from the sale of mixed beverages under the
authority of the caterer's permit shall be treated for tax
purposes as if they were made under the authority of the primary
permit.
(e) If the primary permit ceases to be valid for any reason, the
caterer's permit ceases to be valid.
(f) All provisions of this code applicable to the primary permit
and not inconsistent with this chapter apply to a caterer's
permit.
Acts 1977, 65th Leg., p. 434, ch. 194, Sec. 1, eff. Sept. 1,
1977.
Sec. 31.05. USE OF PERMIT IN MARINE PARK. (a) In this section,
"marine park" means an enclosed, restricted access area of not
less than 245 acres nor more than 255 acres in a county with a
population of over 950,000, which area constitutes a facility
operated for the education or entertainment of the public
involving the display of live fish, marine animals, and related
aquatic, food service, and amusement activities and which holds
appropriate permits issued by state and federal regulatory
agencies authorizing the keeping of live fish, marine animals, or
endangered species.
(b) The authority to use a caterer's permit in a marine park is
limited to the holders of those permits who in their operations
under their primary mixed beverage permits do not utilize the
privilege granted by Section 11.49(b)(2) of this code to share
premises, employees, business facilities, and services.
(c) Holders of caterer's permits meeting the requirements of
Subsection (b) of this section and complying with all other
provisions of this section may utilize their caterer's permits
for indefinite periods anywhere in the marine park even though
the ownership of the buildings and grounds on which the permit is
to be used may be in an entity that, either directly or by
affiliation, has an ownership interest in the holder of a
manufacturer's license or a brewer's permit or both; provided,
however, that the caterer shall not give any preferential
treatment to the brand or brands in which the site owner may have
an interest.
(d) For purposes of this section, preferential treatment is any
practice by the caterer that, on the basis of information
officially reported to the commission, results in sales of
beverages identifiable with the site owner made by the caterer in
the marine park during a calendar year that in the aggregate
exceed by more than five percent the aggregate percentage share
of the same brand or brands sold during the prior calendar year
within the county in which the marine park is located; provided,
however, that the computation may exclude sales made on those
occasions when a caterer's permit is used to provide service for
a private party where specific beverages are ordered and the
total charges for those beverages are paid by only one person or
entity.
(e) The consideration to be paid by the caterer's permit holder
to the owner or operator of the marine park for the right to sell
alcoholic beverages therein may not be made dependent to any
degree on the sales volume of any specific brand or brands or on
the number of containers of beverages identified with any
particular producer.
(f) The wilful sharing of employees, business machines, or
services between the holder of the caterer's permit and the owner
of the marine park or any affiliate of the owner is grounds for
immediate revocation of the authority of the caterer's permit
holder to provide service in the marine park.
(g) The commission or administrator may suspend for not more
than 60 days or cancel the primary mixed beverage permit of any
holder of a caterer's permit who violates this section.
(h) In the event that a marine park owner having, either
directly or by affiliation, an ownership interest in the holder
of a manufacturer's license or a brewer's permit or both is found
to have violated or to have conspired with any other permittee or
licensee to violate this section, the commission or administrator
may suspend for not more than 60 days the permit or license or
both or may revoke the authority of any holder of a caterer's
permit to provide service in the marine park.
(i) Any permittee or licensee whose business or property is
injured by a violation of this section may bring suit in any
district court in the county in which the violation is alleged to
have occurred to require enforcement by injunctive relief or to
recover three times the actual damages incurred or for both
injunctive relief and treble damages. The court in its discretion
may allow the prevailing party its court costs and reasonable and
necessary attorney's fees incurred in the defense or prosecution
of such an action.
Added by Acts 1990, 71st Leg., 6th C.S., ch. 7, Sec. 1, eff. June
14, 1990.
Sec. 31.06. PUBLIC CONSUMPTION. (a) This section applies only
to the holder of a caterer's permit operating under the permit in
an area in a municipality that:
(1) has a population of less than 15,000;
(2) is located in a county with a population of less than
65,000; and
(3) contains a historic preservation district that borders a
lake.
(b) Notwithstanding any other law, the holder of a caterer's
permit operating under the permit in an area located on property
owned by a municipality that contains a municipally owned
conference center and that borders a lake may permit a patron to
leave the area, even though the patron possesses an alcoholic
beverage, if:
(1) the beverage is in an open container and appears to be
possessed for present consumption; and
(2) the public consumption of alcoholic beverages or possession
of an open container of an alcoholic beverage is not prohibited
on the municipally owned property where the area is located.
(c) This section does not affect the prohibition against
possessing an open container in a passenger area of a motor
vehicle under Section 49.031, Penal Code.
Added by Acts 2009, 81st Leg., R.S., Ch.
1045, Sec. 2, eff. September 1, 2009.
State Codes and Statutes
Statutes > Texas > Alcoholic-beverage-code > Title-3-licenses-and-permits > Chapter-31-caterer-s-permit
ALCOHOLIC BEVERAGE CODE
TITLE 3. LICENSES AND PERMITS
SUBTITLE A. PERMITS
CHAPTER 31. CATERER'S PERMIT
Sec. 31.01. AUTHORIZED ACTIVITIES. The holder of a caterer's
permit may sell mixed beverages on a temporary basis at a place
other than the premises for which the holder's mixed beverage
permit is issued only in:
(1) an area where the sale of mixed beverages has been
authorized by a local option election; or
(2) an area that:
(A) is adjacent to a county with a home-rule municipality with a
population of more than 350,000:
(i) that has in its charter a provision allowing for limited
purpose annexation for zoning;
(ii) that has previously disannexed territory annexed for
limited purposes; and
(iii) that allows the sale of mixed beverages;
(B) does not comprise an entire county; and
(C) is not within the corporate limits of a municipality.
Acts 1977, 65th Leg., p. 434, ch. 194, Sec. 1, eff. Sept. 1,
1977. Amended by Acts 1993, 73rd Leg., ch. 934, Sec. 39, eff.
Sept. 1, 1993.
Sec. 31.02. FEE. The annual state fee for a caterer's permit is
$500.
Acts 1977, 65th Leg., p. 434, ch. 194, Sec. 1, eff. Sept. 1,
1977. Amended by Acts 1983, 68th Leg., p. 1347, ch. 278, Sec. 21,
eff. Sept. 1, 1983.
Sec. 31.03. ISSUANCE OF PERMIT. (a) A caterer's permit may be
issued only to the holder of a mixed beverage permit.
(b) The commission shall adopt rules and regulations governing
the application for and the issuance and use of caterer's
permits.
(c) The provisions of this code which apply to the application
for and issuance of other permits do not apply to the application
for and issuance of a caterer's permit.
Acts 1977, 65th Leg., p. 434, ch. 194, Sec. 1, eff. Sept. 1,
1977.
Sec. 31.04. APPLICATION OF PROVISIONS REGULATING MIXED BEVERAGE
PERMITS. (a) A caterer's permit is auxiliary to the primary
mixed beverage permit held by the permittee.
(b) The restrictions and regulations which apply to the sale of
mixed beverages on the licensed premises also apply to the sale
under the authority of a caterer's permit, and any act that is
prohibited on the licensed premises is also prohibited when the
permittee is operating other than on the licensed premises under
a caterer's permit.
(c) Any act which if done on the licensed premises would be a
ground for cancellation or suspension of the mixed beverage
permit is a ground for cancellation of both the mixed beverage
permit and the caterer's permit if done when the permittee is
operating away from the licensed premises under the authority of
the caterer's permit.
(d) All receipts from the sale of mixed beverages under the
authority of the caterer's permit shall be treated for tax
purposes as if they were made under the authority of the primary
permit.
(e) If the primary permit ceases to be valid for any reason, the
caterer's permit ceases to be valid.
(f) All provisions of this code applicable to the primary permit
and not inconsistent with this chapter apply to a caterer's
permit.
Acts 1977, 65th Leg., p. 434, ch. 194, Sec. 1, eff. Sept. 1,
1977.
Sec. 31.05. USE OF PERMIT IN MARINE PARK. (a) In this section,
"marine park" means an enclosed, restricted access area of not
less than 245 acres nor more than 255 acres in a county with a
population of over 950,000, which area constitutes a facility
operated for the education or entertainment of the public
involving the display of live fish, marine animals, and related
aquatic, food service, and amusement activities and which holds
appropriate permits issued by state and federal regulatory
agencies authorizing the keeping of live fish, marine animals, or
endangered species.
(b) The authority to use a caterer's permit in a marine park is
limited to the holders of those permits who in their operations
under their primary mixed beverage permits do not utilize the
privilege granted by Section 11.49(b)(2) of this code to share
premises, employees, business facilities, and services.
(c) Holders of caterer's permits meeting the requirements of
Subsection (b) of this section and complying with all other
provisions of this section may utilize their caterer's permits
for indefinite periods anywhere in the marine park even though
the ownership of the buildings and grounds on which the permit is
to be used may be in an entity that, either directly or by
affiliation, has an ownership interest in the holder of a
manufacturer's license or a brewer's permit or both; provided,
however, that the caterer shall not give any preferential
treatment to the brand or brands in which the site owner may have
an interest.
(d) For purposes of this section, preferential treatment is any
practice by the caterer that, on the basis of information
officially reported to the commission, results in sales of
beverages identifiable with the site owner made by the caterer in
the marine park during a calendar year that in the aggregate
exceed by more than five percent the aggregate percentage share
of the same brand or brands sold during the prior calendar year
within the county in which the marine park is located; provided,
however, that the computation may exclude sales made on those
occasions when a caterer's permit is used to provide service for
a private party where specific beverages are ordered and the
total charges for those beverages are paid by only one person or
entity.
(e) The consideration to be paid by the caterer's permit holder
to the owner or operator of the marine park for the right to sell
alcoholic beverages therein may not be made dependent to any
degree on the sales volume of any specific brand or brands or on
the number of containers of beverages identified with any
particular producer.
(f) The wilful sharing of employees, business machines, or
services between the holder of the caterer's permit and the owner
of the marine park or any affiliate of the owner is grounds for
immediate revocation of the authority of the caterer's permit
holder to provide service in the marine park.
(g) The commission or administrator may suspend for not more
than 60 days or cancel the primary mixed beverage permit of any
holder of a caterer's permit who violates this section.
(h) In the event that a marine park owner having, either
directly or by affiliation, an ownership interest in the holder
of a manufacturer's license or a brewer's permit or both is found
to have violated or to have conspired with any other permittee or
licensee to violate this section, the commission or administrator
may suspend for not more than 60 days the permit or license or
both or may revoke the authority of any holder of a caterer's
permit to provide service in the marine park.
(i) Any permittee or licensee whose business or property is
injured by a violation of this section may bring suit in any
district court in the county in which the violation is alleged to
have occurred to require enforcement by injunctive relief or to
recover three times the actual damages incurred or for both
injunctive relief and treble damages. The court in its discretion
may allow the prevailing party its court costs and reasonable and
necessary attorney's fees incurred in the defense or prosecution
of such an action.
Added by Acts 1990, 71st Leg., 6th C.S., ch. 7, Sec. 1, eff. June
14, 1990.
Sec. 31.06. PUBLIC CONSUMPTION. (a) This section applies only
to the holder of a caterer's permit operating under the permit in
an area in a municipality that:
(1) has a population of less than 15,000;
(2) is located in a county with a population of less than
65,000; and
(3) contains a historic preservation district that borders a
lake.
(b) Notwithstanding any other law, the holder of a caterer's
permit operating under the permit in an area located on property
owned by a municipality that contains a municipally owned
conference center and that borders a lake may permit a patron to
leave the area, even though the patron possesses an alcoholic
beverage, if:
(1) the beverage is in an open container and appears to be
possessed for present consumption; and
(2) the public consumption of alcoholic beverages or possession
of an open container of an alcoholic beverage is not prohibited
on the municipally owned property where the area is located.
(c) This section does not affect the prohibition against
possessing an open container in a passenger area of a motor
vehicle under Section 49.031, Penal Code.
Added by Acts 2009, 81st Leg., R.S., Ch.
1045, Sec. 2, eff. September 1, 2009.
State Codes and Statutes
Statutes >
Texas >
Alcoholic-beverage-code >
Title-3-licenses-and-permits >
Chapter-31-caterer-s-permit ALCOHOLIC BEVERAGE CODE
TITLE 3. LICENSES AND PERMITS
SUBTITLE A. PERMITS
CHAPTER 31. CATERER'S PERMIT
Sec. 31.01. AUTHORIZED ACTIVITIES. The holder of a caterer's
permit may sell mixed beverages on a temporary basis at a place
other than the premises for which the holder's mixed beverage
permit is issued only in:
(1) an area where the sale of mixed beverages has been
authorized by a local option election; or
(2) an area that:
(A) is adjacent to a county with a home-rule municipality with a
population of more than 350,000:
(i) that has in its charter a provision allowing for limited
purpose annexation for zoning;
(ii) that has previously disannexed territory annexed for
limited purposes; and
(iii) that allows the sale of mixed beverages;
(B) does not comprise an entire county; and
(C) is not within the corporate limits of a municipality.
Acts 1977, 65th Leg., p. 434, ch. 194, Sec. 1, eff. Sept. 1,
1977. Amended by Acts 1993, 73rd Leg., ch. 934, Sec. 39, eff.
Sept. 1, 1993.
Sec. 31.02. FEE. The annual state fee for a caterer's permit is
$500.
Acts 1977, 65th Leg., p. 434, ch. 194, Sec. 1, eff. Sept. 1,
1977. Amended by Acts 1983, 68th Leg., p. 1347, ch. 278, Sec. 21,
eff. Sept. 1, 1983.
Sec. 31.03. ISSUANCE OF PERMIT. (a) A caterer's permit may be
issued only to the holder of a mixed beverage permit.
(b) The commission shall adopt rules and regulations governing
the application for and the issuance and use of caterer's
permits.
(c) The provisions of this code which apply to the application
for and issuance of other permits do not apply to the application
for and issuance of a caterer's permit.
Acts 1977, 65th Leg., p. 434, ch. 194, Sec. 1, eff. Sept. 1,
1977.
Sec. 31.04. APPLICATION OF PROVISIONS REGULATING MIXED BEVERAGE
PERMITS. (a) A caterer's permit is auxiliary to the primary
mixed beverage permit held by the permittee.
(b) The restrictions and regulations which apply to the sale of
mixed beverages on the licensed premises also apply to the sale
under the authority of a caterer's permit, and any act that is
prohibited on the licensed premises is also prohibited when the
permittee is operating other than on the licensed premises under
a caterer's permit.
(c) Any act which if done on the licensed premises would be a
ground for cancellation or suspension of the mixed beverage
permit is a ground for cancellation of both the mixed beverage
permit and the caterer's permit if done when the permittee is
operating away from the licensed premises under the authority of
the caterer's permit.
(d) All receipts from the sale of mixed beverages under the
authority of the caterer's permit shall be treated for tax
purposes as if they were made under the authority of the primary
permit.
(e) If the primary permit ceases to be valid for any reason, the
caterer's permit ceases to be valid.
(f) All provisions of this code applicable to the primary permit
and not inconsistent with this chapter apply to a caterer's
permit.
Acts 1977, 65th Leg., p. 434, ch. 194, Sec. 1, eff. Sept. 1,
1977.
Sec. 31.05. USE OF PERMIT IN MARINE PARK. (a) In this section,
"marine park" means an enclosed, restricted access area of not
less than 245 acres nor more than 255 acres in a county with a
population of over 950,000, which area constitutes a facility
operated for the education or entertainment of the public
involving the display of live fish, marine animals, and related
aquatic, food service, and amusement activities and which holds
appropriate permits issued by state and federal regulatory
agencies authorizing the keeping of live fish, marine animals, or
endangered species.
(b) The authority to use a caterer's permit in a marine park is
limited to the holders of those permits who in their operations
under their primary mixed beverage permits do not utilize the
privilege granted by Section 11.49(b)(2) of this code to share
premises, employees, business facilities, and services.
(c) Holders of caterer's permits meeting the requirements of
Subsection (b) of this section and complying with all other
provisions of this section may utilize their caterer's permits
for indefinite periods anywhere in the marine park even though
the ownership of the buildings and grounds on which the permit is
to be used may be in an entity that, either directly or by
affiliation, has an ownership interest in the holder of a
manufacturer's license or a brewer's permit or both; provided,
however, that the caterer shall not give any preferential
treatment to the brand or brands in which the site owner may have
an interest.
(d) For purposes of this section, preferential treatment is any
practice by the caterer that, on the basis of information
officially reported to the commission, results in sales of
beverages identifiable with the site owner made by the caterer in
the marine park during a calendar year that in the aggregate
exceed by more than five percent the aggregate percentage share
of the same brand or brands sold during the prior calendar year
within the county in which the marine park is located; provided,
however, that the computation may exclude sales made on those
occasions when a caterer's permit is used to provide service for
a private party where specific beverages are ordered and the
total charges for those beverages are paid by only one person or
entity.
(e) The consideration to be paid by the caterer's permit holder
to the owner or operator of the marine park for the right to sell
alcoholic beverages therein may not be made dependent to any
degree on the sales volume of any specific brand or brands or on
the number of containers of beverages identified with any
particular producer.
(f) The wilful sharing of employees, business machines, or
services between the holder of the caterer's permit and the owner
of the marine park or any affiliate of the owner is grounds for
immediate revocation of the authority of the caterer's permit
holder to provide service in the marine park.
(g) The commission or administrator may suspend for not more
than 60 days or cancel the primary mixed beverage permit of any
holder of a caterer's permit who violates this section.
(h) In the event that a marine park owner having, either
directly or by affiliation, an ownership interest in the holder
of a manufacturer's license or a brewer's permit or both is found
to have violated or to have conspired with any other permittee or
licensee to violate this section, the commission or administrator
may suspend for not more than 60 days the permit or license or
both or may revoke the authority of any holder of a caterer's
permit to provide service in the marine park.
(i) Any permittee or licensee whose business or property is
injured by a violation of this section may bring suit in any
district court in the county in which the violation is alleged to
have occurred to require enforcement by injunctive relief or to
recover three times the actual damages incurred or for both
injunctive relief and treble damages. The court in its discretion
may allow the prevailing party its court costs and reasonable and
necessary attorney's fees incurred in the defense or prosecution
of such an action.
Added by Acts 1990, 71st Leg., 6th C.S., ch. 7, Sec. 1, eff. June
14, 1990.
Sec. 31.06. PUBLIC CONSUMPTION. (a) This section applies only
to the holder of a caterer's permit operating under the permit in
an area in a municipality that:
(1) has a population of less than 15,000;
(2) is located in a county with a population of less than
65,000; and
(3) contains a historic preservation district that borders a
lake.
(b) Notwithstanding any other law, the holder of a caterer's
permit operating under the permit in an area located on property
owned by a municipality that contains a municipally owned
conference center and that borders a lake may permit a patron to
leave the area, even though the patron possesses an alcoholic
beverage, if:
(1) the beverage is in an open container and appears to be
possessed for present consumption; and
(2) the public consumption of alcoholic beverages or possession
of an open container of an alcoholic beverage is not prohibited
on the municipally owned property where the area is located.
(c) This section does not affect the prohibition against
possessing an open container in a passenger area of a motor
vehicle under Section 49.031, Penal Code.
Added by Acts 2009, 81st Leg., R.S., Ch.
1045, Sec. 2, eff. September 1, 2009.
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