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.
(c) The commission shall refuse to issue a renewal of a retail
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;
or
(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.
(c) The fee for a food and beverage certificate shall be set at
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.