CHAPTER 105. HOURS OF SALE AND CONSUMPTION

State Codes and Statutes

Statutes > Texas > Alcoholic-beverage-code > Title-4-regulatory-and-penal-provisions > Chapter-105-hours-of-sale-and-consumption

ALCOHOLIC BEVERAGE CODE

TITLE 4. REGULATORY AND PENAL PROVISIONS

Sec. 105.01. HOURS OF SALE: LIQUOR. (a) Except as provided in

Sections 105.02, 105.03, 105.04, and 105.08, no person may sell,

offer for sale, or deliver any liquor:

(1) on New Year's Day, Thanksgiving Day, or Christmas Day;

(2) on Sunday; or

(3) before 10 a.m. or after 9 p.m. on any other day.

(b) When Christmas Day or New Year's Day falls on a Sunday,

Subsection (a) of this section applies to the following Monday.

Acts 1977, 65th Leg., p. 511, ch. 194, Sec. 1, eff. Sept. 1,

1977. Amended by Acts 1979, 66th Leg., p. 1973, ch. 777, Sec. 23,

eff. Aug. 27, 1979.

Amended by:

Acts 2005, 79th Leg., Ch.

84, Sec. 1, eff. May 17, 2005.

Sec. 105.02. HOURS OF SALE: WHOLESALERS AND LOCAL DISTRIBUTORS

TO RETAILERS. (a) A holder of a wholesaler's permit may sell,

offer for sale, or deliver liquor to a retailer anytime except

Sunday and Christmas Day.

(b) A local distributor's permittee may sell, offer for sale, or

deliver liquor to a retailer between 5 a.m. and 9 p.m. on any day

except:

(1) Sunday;

(2) Christmas Day; or

(3) a day on which a package store permittee is prohibited from

selling liquor.

Acts 1977, 65th Leg., p. 511, ch. 194, Sec. 1, eff. Sept. 1,

1977. Amended by Acts 1977, 65th Leg., p. 1183, ch. 453, Sec. 10,

eff. Sept. 1, 1977; Acts 1979, 66th Leg., p. 1973, ch. 777, Sec.

23, eff. Aug. 27, 1979; Acts 1993, 73rd Leg., ch. 934, Sec. 69,

eff. Sept. 1, 1993.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

7, Sec. 1, eff. May 5, 2009.

Sec. 105.03. HOURS OF SALE: MIXED BEVERAGES. (a) No person may

sell or offer for sale mixed beverages at any time not permitted

by this section.

(b) A mixed beverage permittee may sell and offer for sale mixed

beverages between 7 a.m. and midnight on any day except Sunday.

On Sunday he may sell mixed beverages between midnight and 1:00

a.m. and between 10 a.m. and midnight, except that an alcoholic

beverage served to a customer between 10 a.m. and 12 noon on

Sunday must be provided during the service of food to the

customer.

according to the last preceding federal census, or 500,000 or

more, according to the 22nd Decennial Census of the United

States, as released by the Bureau of the Census on March 12,

2001, a holder of a mixed beverage late hours permit may also

sell and offer for sale mixed beverages between midnight and 2

a.m. on any day.

(d) In a city or county other than a city or county described by

Subsection (c), the extended hours prescribed in Subsection (c)

of this section are effective for the sale of mixed beverages and

the offer to sell them by a holder of a mixed beverages late

hours permit:

(1) in the unincorporated areas of the county if the extended

hours are adopted by an order of the commissioners court; and

(2) in an incorporated city or town if the extended hours are

adopted by an ordinance of the governing body of the city or

town.

(e) A violation of a city ordinance or order of a commissioners

court adopted pursuant to Subsection (d) of this section is a

violation of this code.

Acts 1977, 65th Leg., p. 511, ch. 194, Sec. 1, eff. Sept. 1,

1977. Amended by Acts 1993, 73rd Leg., ch. 923, Sec. 2, eff.

Sept. 1, 1993; Acts 1993, 73rd Leg., ch. 934, Sec. 70, eff. Sept.

1, 1993; Acts 2003, 78th Leg., ch. 685, Sec. 1, eff. Sept. 1,

2003.

Amended by:

Acts 2005, 79th Leg., Ch.

521, Sec. 1, eff. June 17, 2005.

Sec. 105.04. HOURS OF SALE: WINE AND BEER RETAILER. The hours

of sale and delivery for alcoholic beverages sold under a wine

and beer retailer's permit or a wine and beer retailer's

off-premise permit are the same as those prescribed for the sale

of beer under Section 105.05 of this code, except that no sale

shall be allowed between 2 a.m. and noon on Sunday.

Acts 1977, 65th Leg., p. 512, ch. 194, Sec. 1, eff. Sept. 1,

1977. Amended by Acts 1993, 73rd Leg., ch. 934, Sec. 71, eff.

Sept. 1, 1993.

Sec. 105.05. HOURS OF SALE: BEER. (a) No person may sell,

offer for sale, or deliver beer at any time not permitted by this

section.

(b) A person may sell, offer for sale, or deliver beer between 7

a.m. and midnight on any day except Sunday. On Sunday he may sell

beer between midnight and 1:00 a.m. and between noon and

midnight, except that permittees or licensees authorized to sell

for on-premise consumption may sell beer between 10:00 a.m. and

noon if the beer is served to a customer during the service of

food to the customer.

according to the last preceding federal census, or 500,000 or

more, according to the 22nd Decennial Census of the United

States, as released by the Bureau of the Census on March 12,

2001, a holder of a retail dealer's on-premise late hours license

may also sell, offer for sale, and deliver beer between midnight

and 2 a.m. on any day.

(d) In a city or county other than a city or county described by

Subsection (c), the extended hours prescribed in Subsection (c)

of this section, or any part of the extended hours prescribed in

Subsection (c) of this section are effective for the sale, offer

to sell, and delivery of beer by a holder of a retail dealer's

on-premise late hours license:

(1) in the unincorporated areas of the county if the extended

hours are adopted by an order of the commissioners court; and

(2) in an incorporated city or town if the extended hours are

adopted by an ordinance of the governing body of the city or

town.

(e) A violation of a city ordinance or order of a commissioners

court adopted pursuant to Subsection (d) of this section is a

violation of this code.

Acts 1977, 65th Leg., p. 512, ch. 194, Sec. 1, eff. Sept. 1,

1977. Amended by Acts 1979, 66th Leg., p. 1970, ch. 777, Sec. 13,

eff. Aug. 27, 1979; Acts 1993, 73rd Leg., ch. 923, Sec. 1, eff.

Sept. 1, 1993; Acts 1993, 73rd Leg., ch. 934, Sec. 72, 73, eff.

Sept. 1, 1993; Acts 2003, 78th Leg., ch. 685, Sec. 2, eff. Sept.

1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch.

521, Sec. 2, eff. June 17, 2005.

Sec. 105.051. SALE OF BEER BY DISTRIBUTOR'S LICENSEE. The

holder of a general, local, or branch distributor's license may

sell, offer for sale, or deliver beer 24 hours a day Monday

through Saturday and between midnight and 1 a.m. and between noon

and midnight on Sunday.

Added by Acts 1993, 73rd Leg., ch. 934, Sec. 74, eff. Sept. 1,

1993.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

7, Sec. 2, eff. May 5, 2009.

Sec. 105.06. HOURS OF CONSUMPTION. (a) In this section:

(1) "Extended hours area" means an area subject to the extended

hours of sale provided in Section 105.03 or 105.05 of this code.

(2) "Standard hours area" means an area which is not an extended

hours area.

(a-1) For the purposes of this section, a licensed or permitted

premises is a public place.

(b) In a standard hours area, a person commits an offense if he

consumes or possesses with intent to consume an alcoholic

beverage in a public place at any time on Sunday between 1:15 a.

m. and 12 noon or on any other day between 12:15 a. m. and 7 a.

consumes or possesses with intent to consume an alcoholic

beverage in a public place at any time on Sunday between 2:15 a.

m. and 12 noon and on any other day between 2:15 a. m. and 7 a.

(d) Proof that an alcoholic beverage was possessed with intent

to consume in violation of this section requires evidence that

the person consumed an alcoholic beverage on that day in

violation of this section.

(e) An offense under this section is a Class C misdemeanor.

Acts 1977, 65th Leg., p. 512, ch. 194, Sec. 1, eff. Sept. 1,

1977. Amended by Acts 1993, 73rd Leg., ch. 923, Sec. 3, eff.

Sept. 1, 1993.

Amended by:

Acts 2005, 79th Leg., Ch.

628, Sec. 2, eff. September 1, 2005.

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

68, Sec. 23, eff. September 1, 2007.

Sec. 105.07. HOURS OF SALE AND CONSUMPTION: SPORTS VENUE. (a)

In this section, "sports venue" means a public entertainment

facility property, as defined by Section 108.73, that is

primarily designed and used for live sporting events.

(b) Notwithstanding any other provision of this code, in

addition to any other period during which the sale and

consumption of alcohol is authorized under this code:

(1) a licensed or permitted premises located in a sports venue

may sell alcoholic beverages between 10 a.m. and noon; and

(2) a person may consume alcoholic beverages at a sports venue

between 10 a.m. and noon.

Added by Acts 2003, 78th Leg., ch. 946, Sec. 2, eff. Sept. 1,

2003. Amended by Acts 2003, 78th Leg., 3rd C.S., ch. 3, Sec.

21.01, eff. Jan. 11, 2004.

Sec. 105.08. HOURS OF SALE AND CONSUMPTION: WINERY. The holder

of a winery permit may sell, offer for sale, and deliver wine,

and a person may consume wine on the premises of a winery:

(1) between 8 a.m. and midnight on any day except Sunday; and

(2) between 10 a.m. and midnight on Sunday.

Added by Acts 2005, 79th Leg., Ch.

84, Sec. 2, eff. May 17, 2005.

Sec. 105.09. HOURS OF SALE AND CONSUMPTION: CERTAIN EVENTS.

Notwithstanding any other provision of this code, in addition to

any other period during which the sale and consumption of alcohol

is authorized under this code:

(1) a licensed or permitted premises located at a festival,

fair, or concert may sell alcoholic beverages between 10 a.m. and

noon; and

(2) a person may consume alcoholic beverages at a festival,

fair, or concert between 10 a.m. and noon.

Added by Acts 2005, 79th Leg., Ch.

239, Sec. 1, eff. September 1, 2005.

Renumbered from Alcoholic Beverage Code, Section 105.08 by Acts

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

921, Sec. 17.001(5), eff. September 1, 2007.

Sec. 105.10. PENALTY. (a) A person commits an offense if the

person, in violation of this chapter or Section 32.17(a)(7):

(1) sells or offers for sale an alcoholic beverage during

prohibited hours; or

(2) consumes or permits the consumption of an alcoholic beverage

on the person's licensed or permitted premises during prohibited

hours.

(b) An offense under this section is a Class A misdemeanor.

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

68, Sec. 24, eff. September 1, 2007.

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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