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Statutes > Texas > Alcoholic-beverage-code > Title-6-local-option-elections > Chapter-251-local-option-status
ALCOHOLIC BEVERAGE CODE
TITLE 6. LOCAL OPTION ELECTIONS
CHAPTER 251. LOCAL OPTION STATUS
SUBCHAPTER D. MISCELLANEOUS LOCAL OPTION PROVISIONS
Sec. 251.71. WET AND DRY AREAS. (a) An area is a "dry area" as
to an alcoholic beverage of a particular type and alcohol content
if the sale of that beverage is unlawful in the area. An area is
a "wet area" as to an alcoholic beverage of a particular type and
alcoholic content if the sale of that beverage is lawful in the
area.
(b) Those areas that are wet or dry when this code takes effect
retain that status until the status of the area is changed as
provided in this code.
(c) All trial courts of this state shall take judicial notice of
the wet or dry status of an area in a criminal prosecution.
(d) In an information, complaint, or indictment, an allegation
that an area is a dry area as to a particular type of alcoholic
beverage is sufficient, but a different status of the area may be
urged and proved as a defense.
(e) For purposes of this code:
(1) a reference to a local option election means an election
held under Chapter 501, Election Code; and
(2) a local option election held under Chapter 501, Election
Code, is considered to have been held under this code.
Acts 1977, 65th Leg., p. 555, ch. 194, Sec. 1, eff. Sept. 1,
1977.
Amended by:
Acts 2005, 79th Leg., Ch.
975, Sec. 3, eff. September 1, 2005.
Sec. 251.72. CHANGE OF STATUS. Except as provided in Section
251.73 of this code, an authorized voting unit that has exercised
or may exercise the right of local option retains the status
adopted, whether absolute prohibition or legalization of the sale
of alcoholic beverages of one or more of the various types and
alcoholic contents on which an issue may be submitted under the
terms of Section 501.035, Election Code, until that status is
changed by a subsequent local option election in the same
authorized voting unit.
Acts 1977, 65th Leg., p. 555, ch. 194, Sec. 1, eff. Sept. 1,
1977.
Amended by:
Acts 2005, 79th Leg., Ch.
975, Sec. 4, eff. September 1, 2005.
Sec. 251.73. PREVAILING STATUS: RESOLUTION OF CONFLICTS. To
insure that each voter has the maximum possible control over the
status of the sale of alcoholic beverages in the area where he
resides:
(1) the status that resulted from or is the result of a duly
called election for an incorporated city or town prevails against
the status that resulted from or is the result of a duly called
election in a justice precinct or county in which the
incorporated city or town, or any part of it is contained; and
(2) the status that resulted or is the result of a duly called
election for a justice precinct prevails against the status that
resulted from or is the result of a duly called election in an
incorporated city or town in which the justice precinct is wholly
contained or in a county in which the justice precinct is
located.
Acts 1977, 65th Leg., p. 555, ch. 194, Sec. 1, eff. Sept. 1,
1977.
Sec. 251.74. AIRPORT AND STADIUM AS WET AREAS. (a) This
section applies to any county:
(1) that has a population of more than 240,000, according to the
most recent federal census;
(2) in which the sale of all alcoholic beverages has been
legalized in all or any part of the county; and
(3) where, at the general election on November 3, 1970, the
voters approved the constitutional amendment authorizing the sale
of mixed beverages on a local option basis.
(b) In a county covered by this section, the commissioners court
may designate as an area wet for the sale of mixed beverages
only:
(1) the area encompassed by the building structure of a
professional sports stadium, used wholly or partly for
professional sporting events and having a seating capacity of at
least 40,000, and not more than 125 acres of adjacent land used
for the benefit of the stadium, regardless of ownership of the
land, if no registered voters reside there; and
(2) the area encompassed by a regional airport.
(c) The order of the commissioners court authorizes the issuance
of a mixed beverage permit.
Acts 1977, 65th Leg., p. 555, ch. 194, Sec. 1, eff. Sept. 1,
1977. Amended by Acts 1983, 68th Leg., p. 1324, ch. 276, Sec. 1,
eff. Aug. 29, 1983.
Sec. 251.741. CERTAIN AIRPORTS AS WET AREAS. In addition to
those areas declared wet by order of the commissioners court
under the authority of Section 251.74 of this code, in a county
with a population of more than 175,000 according to the most
recent federal census where the sale of mixed beverages only is
legalized in the most populous city in the county by a local
option election held after May 18, 1971, the area actually
encompassed by any municipal airport under the jurisdiction of
that city is wet for the sale of mixed beverages only. Subsequent
local option elections held by that city do not affect the local
option status of the airport unless the result of the election
prohibits the sale of mixed beverages, in which case the
provisions of this section do not apply.
Added by Acts 1977, 65th Leg., p. 1184, ch. 453, Sec. 14, eff.
Sept. 1, 1977.
Sec. 251.75. CONTINUANCE OF OPERATION AS MANUFACTURER OR BREWER.
Notwithstanding any other provision of this code, if the sale of
beer or ale is prohibited in an area by a local option election,
a holder of a manufacturer's license or brewer's permit that was
issued prior to the election may not be denied an original or
renewal manufacturer's license or brewer's permit for the same
location on the ground that the local option status of the area
prohibits the sale of beer or ale. Except for the right to sell
beer or ale contrary to the local option status of the area, the
licensee or permittee may engage in all activities authorized by
the license or permit, including the manufacturing, brewing,
possessing, storing, and packaging of beer or ale, and
transporting it to an area where its sale is legal. The licensee
or permittee may deliver beer or ale at his licensed premises to
a purchaser from outside the state, an authorized carrier,
distributor, or class B wholesaler. The purchaser, carrier,
distributor, or class B wholesaler may not receive the beer or
ale for transportation unless there has first been an order,
acceptance, and payment or legal satisfaction of payment in an
area where the sale of beer or ale is legal.
Acts 1977, 65th Leg., p. 556, ch. 194, Sec. 1, eff. Sept. 1,
1977.
Sec. 251.76. CONTINUANCE OF OPERATION AS DISTILLER AND
RECTIFIER. Notwithstanding any other provision of this code, a
person who has been issued a distiller's and rectifier's permit
may not subsequently be denied an original or renewal distiller's
and rectifier's permit for the same location on the ground that
the sale of distilled spirits has been prohibited in the area by
a local option election. A person holding a permit at the time of
the election or issued a permit under this section may exercise
all privileges granted by this code to the holder of a
distiller's and rectifier's permit, including the manufacturing,
possessing, storing, packaging, and bottling of distilled spirits
and the transportation of them to areas in which their sale is
legal.
Acts 1977, 65th Leg., p. 556, ch. 194, Sec. 1, eff. Sept. 1,
1977. Amended by Acts 1983, 68th Leg., p. 1354, ch. 278, Sec. 58,
eff. Sept. 1, 1983.
Sec. 251.77. CONTINUANCE OF OPERATION AS DISTRIBUTOR. (a)
Notwithstanding any other provision of this code, if the sale of
beer is prohibited by local option election, a licensed
distributor of beer whose warehouse or other facilities used in
connection with the distributorship are located in the area
affected, has the right to continue to operate as a distributor
in that area and maintain the necessary premises and facilities
for distribution. The distributor continues to enjoy all the
rights and privileges incident to distributorship, including the
right to possess, store, warehouse, and sell beer in that area,
and deliver beer into and out of that area.
(b) A distributor in the area affected may sell or deliver beer
only to licensed outlets located where the sale of beer is legal.
Acts 1977, 65th Leg., p. 556, ch. 194, Sec. 1, eff. Sept. 1,
1977.
Sec. 251.78. CONTINUANCE OF OPERATION AS WHOLESALER. (a)
Notwithstanding any other provision of this code, if the sale of
the type or types of liquor authorized to be sold by the holder
of a wholesaler's permit whose warehouse or other facility used
in connection with the wholesale operation is prohibited in an
area by local option election, the holder of the wholesaler's
permit shall have the right to continue to operate as a
wholesaler in that area and maintain the necessary premises and
facilities for the wholesale operation. The wholesaler shall
enjoy all the rights and privileges incident to the permit,
including the right to possess, store, warehouse, sell, deliver,
and receive liquor.
(b) A wholesaler in the area affected may only sell or deliver
liquor to permittees located where the sale of liquor is legal.
Acts 1977, 65th Leg., p. 556, ch. 194, Sec. 1, eff. Sept. 1,
1977.
Sec. 251.79. AREAS IN WHICH CERTAIN PERMITS AND LICENSES MAY BE
ISSUED. Notwithstanding any other provision of this code, a
wholesaler's permit, general class B wholesaler's permit, local
class B wholesaler's permit, or general, local or branch
distributor's license may be issued and licensed premises
maintained in any area where the sale of any alcoholic beverage
is legal. A person issued a permit or license under this section
may exercise all rights and privileges of other permittees and
licensees of the same class.
Acts 1977, 65th Leg., p. 557, ch. 194, Sec. 1, eff. Sept. 1,
1977.
Sec. 251.80. CHANGE IN PRECINCT BOUNDARIES. (a) Whenever a
local option status is once legally put into effect as the result
of the vote in a justice precinct, such status shall remain in
effect until the status is changed as the result of a vote in the
same territory that comprised the precinct when such status was
established. If the boundaries of the justice precinct have
changed since such status was established, the commissioners
court shall, for purposes of a local option election, define the
boundaries of the original precinct. A local option election may
be held within the territory defined by the commissioners court
as constituting such original precinct.
(b) Nothing in this section is intended to affect the operation
of Section 251.73 of this code.
(c) The provisions of Section 501.107, Election Code, relating
to the payment of local option election expenses shall apply to
elections held in a territory that is defined in accordance with
Subsection (a) of this section.
Added by Acts 1989, 71st Leg., ch. 435, Sec. 2, eff. Sept. 1,
1989.
Amended by:
Acts 2005, 79th Leg., Ch.
975, Sec. 5, eff. September 1, 2005.
Sec. 251.81. SALE OF WINE. (a) If the sale of wine was
approved in an area by a local option election, other than a
local option election that approved the sale of all alcoholic
beverages, before September 1, 1999, an alcoholic beverage
license or permit holder may not sell in that area wine
containing more than 14 percent alcohol by volume unless a
subsequent local option election approves the sale of wine or
wine and other alcoholic beverages.
(b) The commission shall, on the face of each alcoholic beverage
license or permit, indicate whether the holder may sell wine and,
if the license or permit holder may sell wine, whether the holder
may sell wine up to 14 percent alcohol or 17 percent alcohol by
volume.
Added by Acts 1999, 76th Leg., ch. 418, Sec. 8, eff. Sept. 1,
1999.
Sec. 251.82. ELECTION IN CERTAIN CITIES AND TOWNS. For the
purposes of an election conducted under Section 501.109, Election
Code, a reference in this code:
(1) to the county is considered to refer to the city or town;
(2) to the commissioners court is considered to refer to the
governing body of the city or town;
(3) to the county clerk or registrar of voters is considered to
refer to the secretary of the city or town or, if the city or
town does not have a secretary, to the person performing the
functions of a secretary of the city or town; and
(4) to the county judge is considered to refer to the mayor of
the city or town or, if the city or town does not have a mayor,
to the presiding officer of the governing body of the city or
town.
Added by Acts 2005, 79th Leg., Ch.
975, Sec. 6, eff. September 1, 2005.
State Codes and Statutes
Statutes > Texas > Alcoholic-beverage-code > Title-6-local-option-elections > Chapter-251-local-option-status
ALCOHOLIC BEVERAGE CODE
TITLE 6. LOCAL OPTION ELECTIONS
CHAPTER 251. LOCAL OPTION STATUS
SUBCHAPTER D. MISCELLANEOUS LOCAL OPTION PROVISIONS
Sec. 251.71. WET AND DRY AREAS. (a) An area is a "dry area" as
to an alcoholic beverage of a particular type and alcohol content
if the sale of that beverage is unlawful in the area. An area is
a "wet area" as to an alcoholic beverage of a particular type and
alcoholic content if the sale of that beverage is lawful in the
area.
(b) Those areas that are wet or dry when this code takes effect
retain that status until the status of the area is changed as
provided in this code.
(c) All trial courts of this state shall take judicial notice of
the wet or dry status of an area in a criminal prosecution.
(d) In an information, complaint, or indictment, an allegation
that an area is a dry area as to a particular type of alcoholic
beverage is sufficient, but a different status of the area may be
urged and proved as a defense.
(e) For purposes of this code:
(1) a reference to a local option election means an election
held under Chapter 501, Election Code; and
(2) a local option election held under Chapter 501, Election
Code, is considered to have been held under this code.
Acts 1977, 65th Leg., p. 555, ch. 194, Sec. 1, eff. Sept. 1,
1977.
Amended by:
Acts 2005, 79th Leg., Ch.
975, Sec. 3, eff. September 1, 2005.
Sec. 251.72. CHANGE OF STATUS. Except as provided in Section
251.73 of this code, an authorized voting unit that has exercised
or may exercise the right of local option retains the status
adopted, whether absolute prohibition or legalization of the sale
of alcoholic beverages of one or more of the various types and
alcoholic contents on which an issue may be submitted under the
terms of Section 501.035, Election Code, until that status is
changed by a subsequent local option election in the same
authorized voting unit.
Acts 1977, 65th Leg., p. 555, ch. 194, Sec. 1, eff. Sept. 1,
1977.
Amended by:
Acts 2005, 79th Leg., Ch.
975, Sec. 4, eff. September 1, 2005.
Sec. 251.73. PREVAILING STATUS: RESOLUTION OF CONFLICTS. To
insure that each voter has the maximum possible control over the
status of the sale of alcoholic beverages in the area where he
resides:
(1) the status that resulted from or is the result of a duly
called election for an incorporated city or town prevails against
the status that resulted from or is the result of a duly called
election in a justice precinct or county in which the
incorporated city or town, or any part of it is contained; and
(2) the status that resulted or is the result of a duly called
election for a justice precinct prevails against the status that
resulted from or is the result of a duly called election in an
incorporated city or town in which the justice precinct is wholly
contained or in a county in which the justice precinct is
located.
Acts 1977, 65th Leg., p. 555, ch. 194, Sec. 1, eff. Sept. 1,
1977.
Sec. 251.74. AIRPORT AND STADIUM AS WET AREAS. (a) This
section applies to any county:
(1) that has a population of more than 240,000, according to the
most recent federal census;
(2) in which the sale of all alcoholic beverages has been
legalized in all or any part of the county; and
(3) where, at the general election on November 3, 1970, the
voters approved the constitutional amendment authorizing the sale
of mixed beverages on a local option basis.
(b) In a county covered by this section, the commissioners court
may designate as an area wet for the sale of mixed beverages
only:
(1) the area encompassed by the building structure of a
professional sports stadium, used wholly or partly for
professional sporting events and having a seating capacity of at
least 40,000, and not more than 125 acres of adjacent land used
for the benefit of the stadium, regardless of ownership of the
land, if no registered voters reside there; and
(2) the area encompassed by a regional airport.
(c) The order of the commissioners court authorizes the issuance
of a mixed beverage permit.
Acts 1977, 65th Leg., p. 555, ch. 194, Sec. 1, eff. Sept. 1,
1977. Amended by Acts 1983, 68th Leg., p. 1324, ch. 276, Sec. 1,
eff. Aug. 29, 1983.
Sec. 251.741. CERTAIN AIRPORTS AS WET AREAS. In addition to
those areas declared wet by order of the commissioners court
under the authority of Section 251.74 of this code, in a county
with a population of more than 175,000 according to the most
recent federal census where the sale of mixed beverages only is
legalized in the most populous city in the county by a local
option election held after May 18, 1971, the area actually
encompassed by any municipal airport under the jurisdiction of
that city is wet for the sale of mixed beverages only. Subsequent
local option elections held by that city do not affect the local
option status of the airport unless the result of the election
prohibits the sale of mixed beverages, in which case the
provisions of this section do not apply.
Added by Acts 1977, 65th Leg., p. 1184, ch. 453, Sec. 14, eff.
Sept. 1, 1977.
Sec. 251.75. CONTINUANCE OF OPERATION AS MANUFACTURER OR BREWER.
Notwithstanding any other provision of this code, if the sale of
beer or ale is prohibited in an area by a local option election,
a holder of a manufacturer's license or brewer's permit that was
issued prior to the election may not be denied an original or
renewal manufacturer's license or brewer's permit for the same
location on the ground that the local option status of the area
prohibits the sale of beer or ale. Except for the right to sell
beer or ale contrary to the local option status of the area, the
licensee or permittee may engage in all activities authorized by
the license or permit, including the manufacturing, brewing,
possessing, storing, and packaging of beer or ale, and
transporting it to an area where its sale is legal. The licensee
or permittee may deliver beer or ale at his licensed premises to
a purchaser from outside the state, an authorized carrier,
distributor, or class B wholesaler. The purchaser, carrier,
distributor, or class B wholesaler may not receive the beer or
ale for transportation unless there has first been an order,
acceptance, and payment or legal satisfaction of payment in an
area where the sale of beer or ale is legal.
Acts 1977, 65th Leg., p. 556, ch. 194, Sec. 1, eff. Sept. 1,
1977.
Sec. 251.76. CONTINUANCE OF OPERATION AS DISTILLER AND
RECTIFIER. Notwithstanding any other provision of this code, a
person who has been issued a distiller's and rectifier's permit
may not subsequently be denied an original or renewal distiller's
and rectifier's permit for the same location on the ground that
the sale of distilled spirits has been prohibited in the area by
a local option election. A person holding a permit at the time of
the election or issued a permit under this section may exercise
all privileges granted by this code to the holder of a
distiller's and rectifier's permit, including the manufacturing,
possessing, storing, packaging, and bottling of distilled spirits
and the transportation of them to areas in which their sale is
legal.
Acts 1977, 65th Leg., p. 556, ch. 194, Sec. 1, eff. Sept. 1,
1977. Amended by Acts 1983, 68th Leg., p. 1354, ch. 278, Sec. 58,
eff. Sept. 1, 1983.
Sec. 251.77. CONTINUANCE OF OPERATION AS DISTRIBUTOR. (a)
Notwithstanding any other provision of this code, if the sale of
beer is prohibited by local option election, a licensed
distributor of beer whose warehouse or other facilities used in
connection with the distributorship are located in the area
affected, has the right to continue to operate as a distributor
in that area and maintain the necessary premises and facilities
for distribution. The distributor continues to enjoy all the
rights and privileges incident to distributorship, including the
right to possess, store, warehouse, and sell beer in that area,
and deliver beer into and out of that area.
(b) A distributor in the area affected may sell or deliver beer
only to licensed outlets located where the sale of beer is legal.
Acts 1977, 65th Leg., p. 556, ch. 194, Sec. 1, eff. Sept. 1,
1977.
Sec. 251.78. CONTINUANCE OF OPERATION AS WHOLESALER. (a)
Notwithstanding any other provision of this code, if the sale of
the type or types of liquor authorized to be sold by the holder
of a wholesaler's permit whose warehouse or other facility used
in connection with the wholesale operation is prohibited in an
area by local option election, the holder of the wholesaler's
permit shall have the right to continue to operate as a
wholesaler in that area and maintain the necessary premises and
facilities for the wholesale operation. The wholesaler shall
enjoy all the rights and privileges incident to the permit,
including the right to possess, store, warehouse, sell, deliver,
and receive liquor.
(b) A wholesaler in the area affected may only sell or deliver
liquor to permittees located where the sale of liquor is legal.
Acts 1977, 65th Leg., p. 556, ch. 194, Sec. 1, eff. Sept. 1,
1977.
Sec. 251.79. AREAS IN WHICH CERTAIN PERMITS AND LICENSES MAY BE
ISSUED. Notwithstanding any other provision of this code, a
wholesaler's permit, general class B wholesaler's permit, local
class B wholesaler's permit, or general, local or branch
distributor's license may be issued and licensed premises
maintained in any area where the sale of any alcoholic beverage
is legal. A person issued a permit or license under this section
may exercise all rights and privileges of other permittees and
licensees of the same class.
Acts 1977, 65th Leg., p. 557, ch. 194, Sec. 1, eff. Sept. 1,
1977.
Sec. 251.80. CHANGE IN PRECINCT BOUNDARIES. (a) Whenever a
local option status is once legally put into effect as the result
of the vote in a justice precinct, such status shall remain in
effect until the status is changed as the result of a vote in the
same territory that comprised the precinct when such status was
established. If the boundaries of the justice precinct have
changed since such status was established, the commissioners
court shall, for purposes of a local option election, define the
boundaries of the original precinct. A local option election may
be held within the territory defined by the commissioners court
as constituting such original precinct.
(b) Nothing in this section is intended to affect the operation
of Section 251.73 of this code.
(c) The provisions of Section 501.107, Election Code, relating
to the payment of local option election expenses shall apply to
elections held in a territory that is defined in accordance with
Subsection (a) of this section.
Added by Acts 1989, 71st Leg., ch. 435, Sec. 2, eff. Sept. 1,
1989.
Amended by:
Acts 2005, 79th Leg., Ch.
975, Sec. 5, eff. September 1, 2005.
Sec. 251.81. SALE OF WINE. (a) If the sale of wine was
approved in an area by a local option election, other than a
local option election that approved the sale of all alcoholic
beverages, before September 1, 1999, an alcoholic beverage
license or permit holder may not sell in that area wine
containing more than 14 percent alcohol by volume unless a
subsequent local option election approves the sale of wine or
wine and other alcoholic beverages.
(b) The commission shall, on the face of each alcoholic beverage
license or permit, indicate whether the holder may sell wine and,
if the license or permit holder may sell wine, whether the holder
may sell wine up to 14 percent alcohol or 17 percent alcohol by
volume.
Added by Acts 1999, 76th Leg., ch. 418, Sec. 8, eff. Sept. 1,
1999.
Sec. 251.82. ELECTION IN CERTAIN CITIES AND TOWNS. For the
purposes of an election conducted under Section 501.109, Election
Code, a reference in this code:
(1) to the county is considered to refer to the city or town;
(2) to the commissioners court is considered to refer to the
governing body of the city or town;
(3) to the county clerk or registrar of voters is considered to
refer to the secretary of the city or town or, if the city or
town does not have a secretary, to the person performing the
functions of a secretary of the city or town; and
(4) to the county judge is considered to refer to the mayor of
the city or town or, if the city or town does not have a mayor,
to the presiding officer of the governing body of the city or
town.
Added by Acts 2005, 79th Leg., Ch.
975, Sec. 6, eff. September 1, 2005.
State Codes and Statutes
Statutes >
Texas >
Alcoholic-beverage-code >
Title-6-local-option-elections >
Chapter-251-local-option-status ALCOHOLIC BEVERAGE CODE
TITLE 6. LOCAL OPTION ELECTIONS
CHAPTER 251. LOCAL OPTION STATUS
SUBCHAPTER D. MISCELLANEOUS LOCAL OPTION PROVISIONS
Sec. 251.71. WET AND DRY AREAS. (a) An area is a "dry area" as
to an alcoholic beverage of a particular type and alcohol content
if the sale of that beverage is unlawful in the area. An area is
a "wet area" as to an alcoholic beverage of a particular type and
alcoholic content if the sale of that beverage is lawful in the
area.
(b) Those areas that are wet or dry when this code takes effect
retain that status until the status of the area is changed as
provided in this code.
(c) All trial courts of this state shall take judicial notice of
the wet or dry status of an area in a criminal prosecution.
(d) In an information, complaint, or indictment, an allegation
that an area is a dry area as to a particular type of alcoholic
beverage is sufficient, but a different status of the area may be
urged and proved as a defense.
(e) For purposes of this code:
(1) a reference to a local option election means an election
held under Chapter 501, Election Code; and
(2) a local option election held under Chapter 501, Election
Code, is considered to have been held under this code.
Acts 1977, 65th Leg., p. 555, ch. 194, Sec. 1, eff. Sept. 1,
1977.
Amended by:
Acts 2005, 79th Leg., Ch.
975, Sec. 3, eff. September 1, 2005.
Sec. 251.72. CHANGE OF STATUS. Except as provided in Section
251.73 of this code, an authorized voting unit that has exercised
or may exercise the right of local option retains the status
adopted, whether absolute prohibition or legalization of the sale
of alcoholic beverages of one or more of the various types and
alcoholic contents on which an issue may be submitted under the
terms of Section 501.035, Election Code, until that status is
changed by a subsequent local option election in the same
authorized voting unit.
Acts 1977, 65th Leg., p. 555, ch. 194, Sec. 1, eff. Sept. 1,
1977.
Amended by:
Acts 2005, 79th Leg., Ch.
975, Sec. 4, eff. September 1, 2005.
Sec. 251.73. PREVAILING STATUS: RESOLUTION OF CONFLICTS. To
insure that each voter has the maximum possible control over the
status of the sale of alcoholic beverages in the area where he
resides:
(1) the status that resulted from or is the result of a duly
called election for an incorporated city or town prevails against
the status that resulted from or is the result of a duly called
election in a justice precinct or county in which the
incorporated city or town, or any part of it is contained; and
(2) the status that resulted or is the result of a duly called
election for a justice precinct prevails against the status that
resulted from or is the result of a duly called election in an
incorporated city or town in which the justice precinct is wholly
contained or in a county in which the justice precinct is
located.
Acts 1977, 65th Leg., p. 555, ch. 194, Sec. 1, eff. Sept. 1,
1977.
Sec. 251.74. AIRPORT AND STADIUM AS WET AREAS. (a) This
section applies to any county:
(1) that has a population of more than 240,000, according to the
most recent federal census;
(2) in which the sale of all alcoholic beverages has been
legalized in all or any part of the county; and
(3) where, at the general election on November 3, 1970, the
voters approved the constitutional amendment authorizing the sale
of mixed beverages on a local option basis.
(b) In a county covered by this section, the commissioners court
may designate as an area wet for the sale of mixed beverages
only:
(1) the area encompassed by the building structure of a
professional sports stadium, used wholly or partly for
professional sporting events and having a seating capacity of at
least 40,000, and not more than 125 acres of adjacent land used
for the benefit of the stadium, regardless of ownership of the
land, if no registered voters reside there; and
(2) the area encompassed by a regional airport.
(c) The order of the commissioners court authorizes the issuance
of a mixed beverage permit.
Acts 1977, 65th Leg., p. 555, ch. 194, Sec. 1, eff. Sept. 1,
1977. Amended by Acts 1983, 68th Leg., p. 1324, ch. 276, Sec. 1,
eff. Aug. 29, 1983.
Sec. 251.741. CERTAIN AIRPORTS AS WET AREAS. In addition to
those areas declared wet by order of the commissioners court
under the authority of Section 251.74 of this code, in a county
with a population of more than 175,000 according to the most
recent federal census where the sale of mixed beverages only is
legalized in the most populous city in the county by a local
option election held after May 18, 1971, the area actually
encompassed by any municipal airport under the jurisdiction of
that city is wet for the sale of mixed beverages only. Subsequent
local option elections held by that city do not affect the local
option status of the airport unless the result of the election
prohibits the sale of mixed beverages, in which case the
provisions of this section do not apply.
Added by Acts 1977, 65th Leg., p. 1184, ch. 453, Sec. 14, eff.
Sept. 1, 1977.
Sec. 251.75. CONTINUANCE OF OPERATION AS MANUFACTURER OR BREWER.
Notwithstanding any other provision of this code, if the sale of
beer or ale is prohibited in an area by a local option election,
a holder of a manufacturer's license or brewer's permit that was
issued prior to the election may not be denied an original or
renewal manufacturer's license or brewer's permit for the same
location on the ground that the local option status of the area
prohibits the sale of beer or ale. Except for the right to sell
beer or ale contrary to the local option status of the area, the
licensee or permittee may engage in all activities authorized by
the license or permit, including the manufacturing, brewing,
possessing, storing, and packaging of beer or ale, and
transporting it to an area where its sale is legal. The licensee
or permittee may deliver beer or ale at his licensed premises to
a purchaser from outside the state, an authorized carrier,
distributor, or class B wholesaler. The purchaser, carrier,
distributor, or class B wholesaler may not receive the beer or
ale for transportation unless there has first been an order,
acceptance, and payment or legal satisfaction of payment in an
area where the sale of beer or ale is legal.
Acts 1977, 65th Leg., p. 556, ch. 194, Sec. 1, eff. Sept. 1,
1977.
Sec. 251.76. CONTINUANCE OF OPERATION AS DISTILLER AND
RECTIFIER. Notwithstanding any other provision of this code, a
person who has been issued a distiller's and rectifier's permit
may not subsequently be denied an original or renewal distiller's
and rectifier's permit for the same location on the ground that
the sale of distilled spirits has been prohibited in the area by
a local option election. A person holding a permit at the time of
the election or issued a permit under this section may exercise
all privileges granted by this code to the holder of a
distiller's and rectifier's permit, including the manufacturing,
possessing, storing, packaging, and bottling of distilled spirits
and the transportation of them to areas in which their sale is
legal.
Acts 1977, 65th Leg., p. 556, ch. 194, Sec. 1, eff. Sept. 1,
1977. Amended by Acts 1983, 68th Leg., p. 1354, ch. 278, Sec. 58,
eff. Sept. 1, 1983.
Sec. 251.77. CONTINUANCE OF OPERATION AS DISTRIBUTOR. (a)
Notwithstanding any other provision of this code, if the sale of
beer is prohibited by local option election, a licensed
distributor of beer whose warehouse or other facilities used in
connection with the distributorship are located in the area
affected, has the right to continue to operate as a distributor
in that area and maintain the necessary premises and facilities
for distribution. The distributor continues to enjoy all the
rights and privileges incident to distributorship, including the
right to possess, store, warehouse, and sell beer in that area,
and deliver beer into and out of that area.
(b) A distributor in the area affected may sell or deliver beer
only to licensed outlets located where the sale of beer is legal.
Acts 1977, 65th Leg., p. 556, ch. 194, Sec. 1, eff. Sept. 1,
1977.
Sec. 251.78. CONTINUANCE OF OPERATION AS WHOLESALER. (a)
Notwithstanding any other provision of this code, if the sale of
the type or types of liquor authorized to be sold by the holder
of a wholesaler's permit whose warehouse or other facility used
in connection with the wholesale operation is prohibited in an
area by local option election, the holder of the wholesaler's
permit shall have the right to continue to operate as a
wholesaler in that area and maintain the necessary premises and
facilities for the wholesale operation. The wholesaler shall
enjoy all the rights and privileges incident to the permit,
including the right to possess, store, warehouse, sell, deliver,
and receive liquor.
(b) A wholesaler in the area affected may only sell or deliver
liquor to permittees located where the sale of liquor is legal.
Acts 1977, 65th Leg., p. 556, ch. 194, Sec. 1, eff. Sept. 1,
1977.
Sec. 251.79. AREAS IN WHICH CERTAIN PERMITS AND LICENSES MAY BE
ISSUED. Notwithstanding any other provision of this code, a
wholesaler's permit, general class B wholesaler's permit, local
class B wholesaler's permit, or general, local or branch
distributor's license may be issued and licensed premises
maintained in any area where the sale of any alcoholic beverage
is legal. A person issued a permit or license under this section
may exercise all rights and privileges of other permittees and
licensees of the same class.
Acts 1977, 65th Leg., p. 557, ch. 194, Sec. 1, eff. Sept. 1,
1977.
Sec. 251.80. CHANGE IN PRECINCT BOUNDARIES. (a) Whenever a
local option status is once legally put into effect as the result
of the vote in a justice precinct, such status shall remain in
effect until the status is changed as the result of a vote in the
same territory that comprised the precinct when such status was
established. If the boundaries of the justice precinct have
changed since such status was established, the commissioners
court shall, for purposes of a local option election, define the
boundaries of the original precinct. A local option election may
be held within the territory defined by the commissioners court
as constituting such original precinct.
(b) Nothing in this section is intended to affect the operation
of Section 251.73 of this code.
(c) The provisions of Section 501.107, Election Code, relating
to the payment of local option election expenses shall apply to
elections held in a territory that is defined in accordance with
Subsection (a) of this section.
Added by Acts 1989, 71st Leg., ch. 435, Sec. 2, eff. Sept. 1,
1989.
Amended by:
Acts 2005, 79th Leg., Ch.
975, Sec. 5, eff. September 1, 2005.
Sec. 251.81. SALE OF WINE. (a) If the sale of wine was
approved in an area by a local option election, other than a
local option election that approved the sale of all alcoholic
beverages, before September 1, 1999, an alcoholic beverage
license or permit holder may not sell in that area wine
containing more than 14 percent alcohol by volume unless a
subsequent local option election approves the sale of wine or
wine and other alcoholic beverages.
(b) The commission shall, on the face of each alcoholic beverage
license or permit, indicate whether the holder may sell wine and,
if the license or permit holder may sell wine, whether the holder
may sell wine up to 14 percent alcohol or 17 percent alcohol by
volume.
Added by Acts 1999, 76th Leg., ch. 418, Sec. 8, eff. Sept. 1,
1999.
Sec. 251.82. ELECTION IN CERTAIN CITIES AND TOWNS. For the
purposes of an election conducted under Section 501.109, Election
Code, a reference in this code:
(1) to the county is considered to refer to the city or town;
(2) to the commissioners court is considered to refer to the
governing body of the city or town;
(3) to the county clerk or registrar of voters is considered to
refer to the secretary of the city or town or, if the city or
town does not have a secretary, to the person performing the
functions of a secretary of the city or town; and
(4) to the county judge is considered to refer to the mayor of
the city or town or, if the city or town does not have a mayor,
to the presiding officer of the governing body of the city or
town.
Added by Acts 2005, 79th Leg., Ch.
975, Sec. 6, eff. September 1, 2005.
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