State Codes and Statutes
Statutes > Texas > Alcoholic-beverage-code > Title-3-licenses-and-permits > Chapter-51-minibar-permit
ALCOHOLIC BEVERAGE CODE
TITLE 3. LICENSES AND PERMITS
SUBTITLE A. PERMITS
CHAPTER 51. MINIBAR PERMIT
Sec. 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, Sec. 2, eff. June 14,
1989.
Sec. 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, Sec. 2, eff. June 14,
1989.
Sec. 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, Sec. 2, eff. June 14,
1989.
Sec. 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, Sec. 2, eff. June 14,
1989. Amended by Acts 1993, 73rd Leg., ch. 934, Sec. 47, eff.
Sept. 1, 1993.
Sec. 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, Sec. 2, eff. June 14,
1989.
Sec. 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, Sec. 2, eff. June 14,
1989.
Sec. 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, Sec. 2, eff. June 14,
1989.
Sec. 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, Sec. 2, eff. June 14,
1989.
Sec. 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, Sec. 2, eff. June 14,
1989.
Sec. 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, Sec. 2, eff. June 14,
1989.
State Codes and Statutes
Statutes > Texas > Alcoholic-beverage-code > Title-3-licenses-and-permits > Chapter-51-minibar-permit
ALCOHOLIC BEVERAGE CODE
TITLE 3. LICENSES AND PERMITS
SUBTITLE A. PERMITS
CHAPTER 51. MINIBAR PERMIT
Sec. 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, Sec. 2, eff. June 14,
1989.
Sec. 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, Sec. 2, eff. June 14,
1989.
Sec. 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, Sec. 2, eff. June 14,
1989.
Sec. 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, Sec. 2, eff. June 14,
1989. Amended by Acts 1993, 73rd Leg., ch. 934, Sec. 47, eff.
Sept. 1, 1993.
Sec. 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, Sec. 2, eff. June 14,
1989.
Sec. 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, Sec. 2, eff. June 14,
1989.
Sec. 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, Sec. 2, eff. June 14,
1989.
Sec. 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, Sec. 2, eff. June 14,
1989.
Sec. 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, Sec. 2, eff. June 14,
1989.
Sec. 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, Sec. 2, eff. June 14,
1989.
State Codes and Statutes
Statutes >
Texas >
Alcoholic-beverage-code >
Title-3-licenses-and-permits >
Chapter-51-minibar-permit ALCOHOLIC BEVERAGE CODE
TITLE 3. LICENSES AND PERMITS
SUBTITLE A. PERMITS
CHAPTER 51. MINIBAR PERMIT
Sec. 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, Sec. 2, eff. June 14,
1989.
Sec. 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, Sec. 2, eff. June 14,
1989.
Sec. 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, Sec. 2, eff. June 14,
1989.
Sec. 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, Sec. 2, eff. June 14,
1989. Amended by Acts 1993, 73rd Leg., ch. 934, Sec. 47, eff.
Sept. 1, 1993.
Sec. 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, Sec. 2, eff. June 14,
1989.
Sec. 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, Sec. 2, eff. June 14,
1989.
Sec. 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, Sec. 2, eff. June 14,
1989.
Sec. 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, Sec. 2, eff. June 14,
1989.
Sec. 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, Sec. 2, eff. June 14,
1989.
Sec. 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, Sec. 2, eff. June 14,
1989.
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