CHAPTER 71. RETAIL DEALER'S OFF-PREMISE LICENSE
ALCOHOLIC BEVERAGE CODE
TITLE 3. LICENSES AND PERMITS
SUBTITLE B. LICENSES
CHAPTER 71. RETAIL DEALER'S OFF-PREMISE LICENSE
Sec. 71.01. AUTHORIZED ACTIVITIES. The holder of a retail
dealer's off-premise license may sell beer in lawful containers
to consumers, but not for resale and not to be opened or consumed
on or near the premises where sold.
Acts 1977, 65th Leg., p. 485, ch. 194, Sec. 1, eff. Sept. 1,
1977.
Sec. 71.02. FEE. The annual state fee for a retail dealer's
off-premise license is $60.
Acts 1977, 65th Leg., p. 485, ch. 194, Sec. 1, eff. Sept. 1,
1977. Amended by Acts 1983, 68th Leg., p. 1351, ch. 278, Sec. 48,
eff. Sept. 1, 1983.
Sec. 71.03. AUTHORITY OF LICENSEE HOLDING PACKAGE STORE PERMIT
OR WINE ONLY PACKAGE STORE PERMIT. (a) The holder of a retail
dealer's off-premise license who also holds a package store
permit may sell beer directly to consumers by the container, but
not for resale and not to be opened or consumed on or near the
premises where sold.
(b) The holder of a retail dealer's off-premise license who also
holds a wine only package store permit may sell beer to consumers
by the container, but not for resale and not to be opened or
consumed on or near the premises where sold.
(c) The sale of beer by a holder of a retail dealer's
off-premise license who also holds a package store permit is
subject to the same restrictions and penalties governing the sale
of liquor by package stores with regard to:
(1) the hours of sale and delivery;
(2) blinds and barriers;
(3) employment of persons under the age of 18 or sales and
deliveries to minors;
(4) sales and deliveries on Sunday; and
(5) advertising.
(d) The sale of beer by a holder of a retail dealer's
off-premise license who also holds a wine only package store
permit is subject to the same restrictions and penalties
governing the sale of liquor by package stores with regard to:
(1) blinds and barriers;
(2) employment of persons under the age of 18 or sales and
deliveries to minors;
(3) delivery to the licensee or permittee on Sunday; and
(4) advertising.
Acts 1977, 65th Leg., p. 485, ch. 194, Sec. 1, eff. Sept. 1,
1977. Amended by Acts 1979, 66th Leg., p. 54, ch. 33, Sec. 6,
eff. Jan. 1, 1980; Acts 1981, 67th Leg., p. 257, ch. 107, Sec. 7,
eff. Sept. 1, 1981; Acts 1987, 70th Leg., ch. 303, Sec. 2, eff.
June 11, 1987.
Sec. 71.04. POSSESSION OF CERTAIN BEVERAGES PROHIBITED. No
retail dealer's off-premise licensee, nor his officer, may
possess liquor containing alcohol in excess of 14 percent by
volume on the licensed premises.
Acts 1977, 65th Leg., p. 486, ch. 194, Sec. 1, eff. Sept. 1,
1977.
Sec. 71.05. ACQUISITION OF BEVERAGES FOR RESALE FROM OTHER
LICENSEES PROHIBITED. No holder of a retail dealer's off-premise
license may borrow or acquire from, exchange with, or loan to any
other holder of a retail dealer's off-premise license or holder
of a retail dealer's on-premise license any alcoholic beverage
for the purpose of resale.
Acts 1977, 65th Leg., p. 486, ch. 194, Sec. 1, eff. Sept. 1,
1977.
Sec. 71.06. STORING OR POSSESSING BEER OFF PREMISES PROHIBITED.
No holder of a retail dealer's off-premise license may own,
possess, or store beer for the purpose of resale except on the
licensed premises.
Acts 1977, 65th Leg., p. 486, ch. 194, Sec. 1, eff. Sept. 1,
1977.
Sec. 71.07. EXCHANGE OR TRANSPORTATION OF BEER BETWEEN LICENSED
PREMISES UNDER SAME OWNERSHIP. Section 69.11 of this code
relates to the exchange or transportation of beer between
licensed premises by retail dealers.
Acts 1977, 65th Leg., p. 486, ch. 194, Sec. 1, eff. Sept. 1,
1977.
Sec. 71.08. MITIGATING CIRCUMSTANCES: RETAIL DEALER'S
OFF-PREMISE LICENSE. Section 11.64 of this code relates to
mitigating circumstances with respect to cancellation or
suspension of a retail dealer's off-premise license.
Acts 1977, 65th Leg., p. 486, ch. 194, Sec. 1, eff. Sept. 1,
1977.
Sec. 71.09. BREACH OF PEACE: RETAIL ESTABLISHMENT. The
application of sanctions for the occurrence of a breach of the
peace at a retail beer establishment is covered by Section 69.13
of this code.
Acts 1977, 65th Leg., p. 487, ch. 194, Sec. 1, eff. Sept. 1,
1977.
Sec. 71.10. WARNING SIGN REQUIRED. (a) Each holder of a retail
dealer's off-premise license shall display in a prominent place
on his premises a sign stating in letters at least two inches
high: IT IS A CRIME (MISDEMEANOR) TO CONSUME LIQUOR OR BEER ON
THESE PREMISES.
(b) A licensee who fails to comply with this section commits a
misdemeanor punishable by a fine of not more than $25.
Added by Acts 1983, 68th Leg., p. 2212, ch. 414, Sec. 4, eff.
Sept. 1, 1983.
Sec. 71.11. BEER SAMPLING. (a) The holder of a retail dealer's
off-premise license may conduct free product samplings of beer on
the license holder's premises during regular business hours as
provided by this section.
(b) An agent or employee of the holder of a retail dealer's
off-premise license may open, touch, or pour beer, make a
presentation, or answer questions at a sampling event.
(c) For the purposes of this code and any other law or
ordinance:
(1) a retail dealer's off-premise license does not authorize the
sale of alcoholic beverages for on-premise consumption; and
(2) none of the license holder's income may be considered to be
income from the sale of alcoholic beverages for on-premise
consumption.
(d) Any beer used in a sampling event under this section must be
purchased from or provided by the retailer on whose premises the
sampling event is held.
Added by Acts 2007, 80th Leg., R.S., Ch.
1073, Sec. 9, eff. September 1, 2007.