CHAPTER 34. AIRLINE BEVERAGE PERMIT
ALCOHOLIC BEVERAGE CODE
TITLE 3. LICENSES AND PERMITS
SUBTITLE A. PERMITS
CHAPTER 34. AIRLINE BEVERAGE PERMIT
Sec. 34.01. AUTHORIZED ACTIVITIES. The holder of an airline
beverage permit may:
(1) sell or serve alcoholic beverages in or from any size
container on a commercial passenger airplane operated in
compliance with a valid license, permit, or certificate issued
under the authority of the United States or of this state, even
though the plane, in the course of its flight, may cross an area
in which the sale of alcoholic beverages is prohibited; and
(2) store alcoholic beverages in sealed containers of any size
at any airport regularly served by the permittee, in accordance
with rules and regulations promulgated by the commission.
Acts 1977, 65th Leg., p. 442, ch. 194, Sec. 1, eff. Sept. 1,
1977.
Sec. 34.02. FEE. The annual fee for an airline beverage permit
is $2,200.
Acts 1977, 65th Leg., p. 442, ch. 194, Sec. 1, eff. Sept. 1,
1977. Amended by Acts 1983, 68th Leg., p. 1347, ch. 278, Sec. 25,
eff. Sept. 1, 1983.
Sec. 34.03. ELIGIBILITY FOR PERMIT. The commission or
administrator may issue an airline beverage permit to any
corporation operating a commercial airline in or through the
state. Application and payment of the fee shall be made directly
to the commission.
Acts 1977, 65th Leg., p. 442, ch. 194, Sec. 1, eff. Sept. 1,
1977.
Sec. 34.04. TAXES. (a) The taxes imposed by this code shall be
paid on all alcoholic beverages on a commercial passenger
aircraft departing from an airport in this state, in accordance
with rules and regulations prescribed by the commission.
(b) The preparation and service of alcoholic beverages by the
holder of an airline beverage permit is exempt from the tax
imposed by the Limited Sales, Excise and Use Tax Act. An airline
beverage service fee of five cents is imposed on each individual
serving of an alcoholic beverage served by the permittee inside
the state. The fee accrues at the time the container containing
an alcoholic beverage is delivered to the passenger. The
permittee may absorb the cost of the fee or may collect it from
the passenger. The permittee shall remit the fees to the
commission each month under a reporting system prescribed by the
commission.
Acts 1977, 65th Leg., p. 442, ch. 194, Sec. 1, eff. Sept. 1,
1977.
Sec. 34.05. SALE OF LIQUOR TO PERMITTEE. (a) Only the holder
of a package store permit may sell liquor to the holder of an
airline beverage permit. For the purposes of this code, a sale of
liquor to a holder of an airline beverage permit shall be
considered as a sale at retail to a consumer.
(b) The holder of a package store permit may sell liquor in any
size container authorized by Section 101.46 of this code to
holders of an airline beverage permit, and may purchase liquor in
any size container for resale from the holders of a wholesaler's
permit. A holder of a wholesaler's permit may import, sell, offer
for sale, or possess for resale to package store permittees to
resell to holders of airline beverage permittees liquor in any
authorized size containers.
Acts 1977, 65th Leg., p. 442, ch. 194, Sec. 1, eff. Sept. 1,
1977.
Sec. 34.06. INAPPLICABLE PROVISION. Section 109.53 of this code
does not apply to an airline beverage permit.
Acts 1977, 65th Leg., p. 443, ch. 194, Sec. 1, eff. Sept. 1,
1977.