CHAPTER 27. TEMPORARY AND SPECIAL WINE AND BEER RETAILER'S PERMITS
ALCOHOLIC BEVERAGE CODE
TITLE 3. LICENSES AND PERMITS
SUBTITLE A. PERMITS
CHAPTER 27. TEMPORARY AND SPECIAL WINE AND BEER RETAILER'S
PERMITS
SUBCHAPTER A. TEMPORARY WINE AND BEER RETAILER'S PERMIT
Sec. 27.01. AUTHORIZED ACTIVITIES. The holder of a temporary
wine and beer retailer's permit may sell for consumption on or
off the premises where sold, but not for resale, wine, beer, and
malt liquors containing alcohol in excess of one-half of one
percent by volume but not more than 17 percent by volume.
Acts 1977, 65th Leg., p. 428, ch. 194, Sec. 1, eff. Sept. 1,
1977. Amended by Acts 1999, 76th Leg., ch. 418, Sec. 5, eff.
Sept. 1, 1999; Acts 2003, 78th Leg., ch. 90, Sec. 1, eff. Sept.
1, 2003.
Sec. 27.011. SALE OUTSIDE PERMIT HOLDER'S COUNTY. A holder of a
temporary wine and beer retailer's permit that sells wine, beer,
or malt liquor under that permit in a county other than the
county in which the premises covered by the permit required by
Section 27.04 is located must:
(1) purchase the beverages from a distributor or wholesaler
authorized under this code to sell the beverages in the county in
which the permit holder sells the beverages under this chapter;
and
(2) report to the commission, in the manner prescribed by the
commission by rule, the amount of beverages purchased and sold
under this section, by type.
Added by Acts 2003, 78th Leg., ch. 90, Sec. 2, eff. Sept. 1,
2003.
Sec. 27.02. FEE. The state fee for a temporary wine and beer
retailer's permit is $30. No refund shall be allowed for the
surrender or nonuse of the permit.
Acts 1977, 65th Leg., p. 429, ch. 194, Sec. 1, eff. Sept. 1,
1977. Amended by Acts 1983, 68th Leg., p. 1346, ch. 278, Sec. 17,
eff. Sept. 1, 1983.
Sec. 27.03. DURATION OF PERMIT. (a) Except as provided by
Subsection (b), a temporary wine and beer retailer's permit may
be issued for a period of not more than four days.
(b) A temporary wine and beer retailer's permit issued under
Section 27.07 may be issued for a period of five days. On notice
to the commission, the commission may extend the permit for one
additional day to accommodate the postponement of scheduled
racing events due to an act of nature.
Acts 1977, 65th Leg., p. 429, ch. 194, Sec. 1, eff. Sept. 1,
1977.
Amended by:
Acts 2005, 79th Leg., Ch.
241, Sec. 1, eff. May 28, 2005.
Sec. 27.04. REQUIRED BASIC PERMIT. A temporary wine and beer
retailer's permit may be issued only to a holder of a wine and
beer retailer's permit, a holder of a mixed beverage permit, or a
nonprofit historic preservation organization that has been in
existence for at least 30 years.
Acts 1977, 65th Leg., p. 429, ch. 194, Sec. 1, eff. Sept. 1,
1977. Amended by Acts 1993, 73rd Leg., ch. 377, Sec. 1, eff. June
2, 1993; Acts 1993, 73rd Leg., ch. 934 Sec. 32, eff. Sept. 1,
1993.
Sec. 27.05. ISSUANCE AND USE OF PERMIT; RULES AND REGULATIONS.
(a) Temporary wine and beer retailer's permits are issued by the
administrator, the commission, or an authorized representative of
the commission. The commission shall adopt rules and regulations
governing the issuance and use of temporary wine and beer
retailer's permits.
(b) The permits shall be issued only for the sale of authorized
alcoholic beverages at picnics, celebrations, or similar events,
or events described by Section 27.07.
(c) The administrator or commission may refuse to issue a permit
if there is reason to believe the issuance of the permit would be
detrimental to the public.
Acts 1977, 65th Leg., p. 429, ch. 194, Sec. 1, eff. Sept. 1,
1977.
Amended by:
Acts 2005, 79th Leg., Ch.
241, Sec. 2, eff. May 28, 2005.
Sec. 27.06. CANCELLATION OR SUSPENSION OF BASIC PERMIT. The
basic permit under which a temporary wine and beer retailer's
permit was issued may be cancelled or suspended for a violation
on the premises covered by the temporary permit that would result
in the cancellation or suspension of the basic permit if
committed on the premises covered by the basic permit.
Acts 1977, 65th Leg., p. 429, ch. 194, Sec. 1, eff. Sept. 1,
1977.
Sec. 27.07. USE OF PERMIT IN CERTAIN RACING FACILITIES. (a)
The commission may issue a temporary wine and beer retailer's
permit to the holder of a mixed beverage permit covering premises
located in a facility with a seating capacity of more than
150,000 that is open to the public for use in areas of the
facility not otherwise covered by a license or permit during a
motor vehicle racing event sponsored by a professional motor
racing association.
(b) The commission may not issue more than four temporary wine
and beer retailer's permits under this section in a calendar year
to a mixed beverage permit holder.
(c) The holder of a temporary wine and beer retailer's permit
under this section may not engage in the following activities on
the areas covered by the permit:
(1) sell alcoholic beverages in factory-sealed containers;
(2) sell more than two drinks to a single consumer at one time;
(3) sell alcoholic beverages at more than 50 percent of the food
and beverage concession stands that are open for business at any
one time; and
(4) sell alcoholic beverages after:
(A) 75 percent of the feature race is complete on the day that
race is held; and
(B) one hour before the scheduled completion of the last
spectator event on a day other than the feature race day.
Added by Acts 2005, 79th Leg., Ch.
241, Sec. 3, eff. May 28, 2005.
SUBCHAPTER B. SPECIAL THREE-DAY WINE AND BEER PERMIT
Sec. 27.11. AUTHORIZED ACTIVITIES. The holder of a special
three-day wine and beer permit may sell for consumption on the
premises for which the permit is issued, but not for resale,
wine, beer, and malt liquors containing alcohol in excess of
one-half of one percent by volume but not more than 17 percent by
volume.
Added by Acts 1993, 73rd Leg., ch. 934, Sec. 33, eff. Sept. 1,
1993. Amended by Acts 1999, 76th Leg., ch. 418, Sec. 6, eff.
Sept. 1, 1999.
Sec. 27.12. FEE. The state fee for a special three-day wine and
beer permit is $30.
Added by Acts 1993, 73rd Leg., ch. 934, Sec. 33, eff. Sept. 1,
1993.
Sec. 27.13. ISSUANCE OF PERMIT. (a) The commission may issue a
special three-day wine and beer permit directly to a nonprofit
charitable, civic, or religious organization for the temporary
serving of wine and beer at a picnic, celebration, or similar
event sponsored by the organization.
(b) The commission by rule may limit the number of special
three-day wine and beer permits issued in each calendar year to a
single nonprofit charitable, civic, or religious organization for
events sponsored by that organization.
(c) If a special three-day wine and beer permit is issued for a
premises in an area in which the sale of beer for on-premise
consumption has been authorized by a local option election, but
the sale of wine for on-premise consumption has not been
authorized, then the permittee is only authorized to sell beer.
Added by Acts 1993, 73rd Leg., ch. 934, Sec. 33, eff. Sept. 1,
1993.
Sec. 27.14. APPLICATION OF WINE AND BEER RETAILER'S PERMIT
PROVISIONS. A provision of this code that applies to a wine and
beer retailer permit applies to a special three-day wine and beer
permit unless the provision conflicts with a provision of this
subchapter.
Added by Acts 1993, 73rd Leg., ch. 934, Sec. 33, eff. Sept. 1,
1993.
Sec. 27.15. RULES. The commission may adopt rules as necessary
to implement and administer this subchapter.
Added by Acts 1993, 73rd Leg., ch. 934, Sec. 33, eff. Sept. 1,
1993.