CHAPTER 69. RETAIL DEALER'S ON-PREMISE LICENSE

State Codes and Statutes

Statutes > Texas > Alcoholic-beverage-code > Title-3-licenses-and-permits > Chapter-69-retail-dealer-s-on-premise-license

ALCOHOLIC BEVERAGE CODE

TITLE 3. LICENSES AND PERMITS

SUBTITLE B. LICENSES

CHAPTER 69. RETAIL DEALER'S ON-PREMISE LICENSE

Sec. 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, Sec. 1, eff. Sept. 1,

1977.

Sec. 69.02. FEE. (a) Except as provided in Subsection (b) and

Section 69.03, the annual state fee for a retail dealer's

on-premise license is $150.

(b) The annual state fee for a retail dealer's on-premise

license in connection with an establishment located in a county

with a population of 1.4 million or more is $750. The original

application fee for a retail dealer's on-premise license in

connection with an establishment located in a county with a

population of 1.4 million or more is $1,000.

Acts 1977, 65th Leg., p. 482, ch. 194, Sec. 1, eff. Sept. 1,

1977. Amended by Acts 1983, 68th Leg., p. 1351, ch. 278, Sec. 45,

eff. Sept. 1, 1983.

Amended by:

Acts 2005, 79th Leg., Ch.

452, Sec. 8, eff. September 1, 2005.

Sec. 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, Sec. 1, eff. Sept. 1,

1977. Amended by Acts 1983, 68th Leg., p. 1351, ch. 278, Sec. 46,

eff. Sept. 1, 1983.

Sec. 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, Sec. 1, eff. Sept. 1,

1977.

Sec. 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, Sec. 1, eff. Sept. 1,

1977.

Sec. 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.

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;

(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, Sec. 1, eff. Sept. 1,

1977. Amended by Acts 2003, 78th Leg., ch. 625, Sec. 5, eff.

Sept. 1, 2003.

Sec. 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, Sec. 1, eff. Sept. 1,

1977.

Sec. 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, Sec. 1, eff. Sept. 1,

1977.

Sec. 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, Sec. 1, eff. Sept. 1,

1977.

Sec. 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, Sec. 1, eff. Sept. 1,

1977.

Sec. 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, Sec. 1, eff. Sept. 1,

1977.

Sec. 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, Sec. 2, eff.

Sept. 1, 1983.

Sec. 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, Sec. 56, eff. Sept. 1,

1993.

Sec. 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. The commission may exempt permittees who are

concessionaires in public entertainment venues such as sports

stadiums and convention centers from the requirement that food

service be the primary business on the premises.

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, Sec. 8, eff. Aug. 28,

1995. Amended by Acts 2001, 77th Leg., ch. 853, Sec. 4, eff.

Sept. 1, 2001; Acts 2001, 77th Leg., ch. 1045, Sec. 4, eff. Sept.

1, 2001.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1384, Sec. 2, eff. September 1, 2007.

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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