CHAPTER 105. HOURS OF SALE AND CONSUMPTION
ALCOHOLIC BEVERAGE CODE
TITLE 4. REGULATORY AND PENAL PROVISIONS
CHAPTER 105. HOURS OF SALE AND CONSUMPTION
Sec. 105.01. HOURS OF SALE: LIQUOR. (a) Except as provided in
Sections 105.02, 105.03, 105.04, and 105.08, no person may sell,
offer for sale, or deliver any liquor:
(1) on New Year's Day, Thanksgiving Day, or Christmas Day;
(2) on Sunday; or
(3) before 10 a.m. or after 9 p.m. on any other day.
(b) When Christmas Day or New Year's Day falls on a Sunday,
Subsection (a) of this section applies to the following Monday.
Acts 1977, 65th Leg., p. 511, ch. 194, Sec. 1, eff. Sept. 1,
1977. Amended by Acts 1979, 66th Leg., p. 1973, ch. 777, Sec. 23,
eff. Aug. 27, 1979.
Amended by:
Acts 2005, 79th Leg., Ch.
84, Sec. 1, eff. May 17, 2005.
Sec. 105.02. HOURS OF SALE: WHOLESALERS AND LOCAL DISTRIBUTORS
TO RETAILERS. (a) A holder of a wholesaler's permit may sell,
offer for sale, or deliver liquor to a retailer anytime except
Sunday and Christmas Day.
(b) A local distributor's permittee may sell, offer for sale, or
deliver liquor to a retailer between 5 a.m. and 9 p.m. on any day
except:
(1) Sunday;
(2) Christmas Day; or
(3) a day on which a package store permittee is prohibited from
selling liquor.
Acts 1977, 65th Leg., p. 511, ch. 194, Sec. 1, eff. Sept. 1,
1977. Amended by Acts 1977, 65th Leg., p. 1183, ch. 453, Sec. 10,
eff. Sept. 1, 1977; Acts 1979, 66th Leg., p. 1973, ch. 777, Sec.
23, eff. Aug. 27, 1979; Acts 1993, 73rd Leg., ch. 934, Sec. 69,
eff. Sept. 1, 1993.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
7, Sec. 1, eff. May 5, 2009.
Sec. 105.03. HOURS OF SALE: MIXED BEVERAGES. (a) No person may
sell or offer for sale mixed beverages at any time not permitted
by this section.
(b) A mixed beverage permittee may sell and offer for sale mixed
beverages between 7 a.m. and midnight on any day except Sunday.
On Sunday he may sell mixed beverages between midnight and 1:00
a.m. and between 10 a.m. and midnight, except that an alcoholic
beverage served to a customer between 10 a.m. and 12 noon on
Sunday must be provided during the service of food to the
customer.
(c) In a city or county having a population of 800,000 or more,
according to the last preceding federal census, or 500,000 or
more, according to the 22nd Decennial Census of the United
States, as released by the Bureau of the Census on March 12,
2001, a holder of a mixed beverage late hours permit may also
sell and offer for sale mixed beverages between midnight and 2
a.m. on any day.
(d) In a city or county other than a city or county described by
Subsection (c), the extended hours prescribed in Subsection (c)
of this section are effective for the sale of mixed beverages and
the offer to sell them by a holder of a mixed beverages late
hours permit:
(1) in the unincorporated areas of the county if the extended
hours are adopted by an order of the commissioners court; and
(2) in an incorporated city or town if the extended hours are
adopted by an ordinance of the governing body of the city or
town.
(e) A violation of a city ordinance or order of a commissioners
court adopted pursuant to Subsection (d) of this section is a
violation of this code.
Acts 1977, 65th Leg., p. 511, ch. 194, Sec. 1, eff. Sept. 1,
1977. Amended by Acts 1993, 73rd Leg., ch. 923, Sec. 2, eff.
Sept. 1, 1993; Acts 1993, 73rd Leg., ch. 934, Sec. 70, eff. Sept.
1, 1993; Acts 2003, 78th Leg., ch. 685, Sec. 1, eff. Sept. 1,
2003.
Amended by:
Acts 2005, 79th Leg., Ch.
521, Sec. 1, eff. June 17, 2005.
Sec. 105.04. HOURS OF SALE: WINE AND BEER RETAILER. The hours
of sale and delivery for alcoholic beverages sold under a wine
and beer retailer's permit or a wine and beer retailer's
off-premise permit are the same as those prescribed for the sale
of beer under Section 105.05 of this code, except that no sale
shall be allowed between 2 a.m. and noon on Sunday.
Acts 1977, 65th Leg., p. 512, ch. 194, Sec. 1, eff. Sept. 1,
1977. Amended by Acts 1993, 73rd Leg., ch. 934, Sec. 71, eff.
Sept. 1, 1993.
Sec. 105.05. HOURS OF SALE: BEER. (a) No person may sell,
offer for sale, or deliver beer at any time not permitted by this
section.
(b) A person may sell, offer for sale, or deliver beer between 7
a.m. and midnight on any day except Sunday. On Sunday he may sell
beer between midnight and 1:00 a.m. and between noon and
midnight, except that permittees or licensees authorized to sell
for on-premise consumption may sell beer between 10:00 a.m. and
noon if the beer is served to a customer during the service of
food to the customer.
(c) In a city or county having a population of 800,000 or more,
according to the last preceding federal census, or 500,000 or
more, according to the 22nd Decennial Census of the United
States, as released by the Bureau of the Census on March 12,
2001, a holder of a retail dealer's on-premise late hours license
may also sell, offer for sale, and deliver beer between midnight
and 2 a.m. on any day.
(d) In a city or county other than a city or county described by
Subsection (c), the extended hours prescribed in Subsection (c)
of this section, or any part of the extended hours prescribed in
Subsection (c) of this section are effective for the sale, offer
to sell, and delivery of beer by a holder of a retail dealer's
on-premise late hours license:
(1) in the unincorporated areas of the county if the extended
hours are adopted by an order of the commissioners court; and
(2) in an incorporated city or town if the extended hours are
adopted by an ordinance of the governing body of the city or
town.
(e) A violation of a city ordinance or order of a commissioners
court adopted pursuant to Subsection (d) of this section is a
violation of this code.
Acts 1977, 65th Leg., p. 512, ch. 194, Sec. 1, eff. Sept. 1,
1977. Amended by Acts 1979, 66th Leg., p. 1970, ch. 777, Sec. 13,
eff. Aug. 27, 1979; Acts 1993, 73rd Leg., ch. 923, Sec. 1, eff.
Sept. 1, 1993; Acts 1993, 73rd Leg., ch. 934, Sec. 72, 73, eff.
Sept. 1, 1993; Acts 2003, 78th Leg., ch. 685, Sec. 2, eff. Sept.
1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch.
521, Sec. 2, eff. June 17, 2005.
Sec. 105.051. SALE OF BEER BY DISTRIBUTOR'S LICENSEE. The
holder of a general, local, or branch distributor's license may
sell, offer for sale, or deliver beer 24 hours a day Monday
through Saturday and between midnight and 1 a.m. and between noon
and midnight on Sunday.
Added by Acts 1993, 73rd Leg., ch. 934, Sec. 74, eff. Sept. 1,
1993.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
7, Sec. 2, eff. May 5, 2009.
Sec. 105.06. HOURS OF CONSUMPTION. (a) In this section:
(1) "Extended hours area" means an area subject to the extended
hours of sale provided in Section 105.03 or 105.05 of this code.
(2) "Standard hours area" means an area which is not an extended
hours area.
(a-1) For the purposes of this section, a licensed or permitted
premises is a public place.
(b) In a standard hours area, a person commits an offense if he
consumes or possesses with intent to consume an alcoholic
beverage in a public place at any time on Sunday between 1:15 a.
m. and 12 noon or on any other day between 12:15 a. m. and 7 a.
m.
(c) In an extended hours area, a person commits an offense if he
consumes or possesses with intent to consume an alcoholic
beverage in a public place at any time on Sunday between 2:15 a.
m. and 12 noon and on any other day between 2:15 a. m. and 7 a.
m.
(d) Proof that an alcoholic beverage was possessed with intent
to consume in violation of this section requires evidence that
the person consumed an alcoholic beverage on that day in
violation of this section.
(e) An offense under this section is a Class C misdemeanor.
Acts 1977, 65th Leg., p. 512, ch. 194, Sec. 1, eff. Sept. 1,
1977. Amended by Acts 1993, 73rd Leg., ch. 923, Sec. 3, eff.
Sept. 1, 1993.
Amended by:
Acts 2005, 79th Leg., Ch.
628, Sec. 2, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch.
68, Sec. 23, eff. September 1, 2007.
Sec. 105.07. HOURS OF SALE AND CONSUMPTION: SPORTS VENUE. (a)
In this section, "sports venue" means a public entertainment
facility property, as defined by Section 108.73, that is
primarily designed and used for live sporting events.
(b) Notwithstanding any other provision of this code, in
addition to any other period during which the sale and
consumption of alcohol is authorized under this code:
(1) a licensed or permitted premises located in a sports venue
may sell alcoholic beverages between 10 a.m. and noon; and
(2) a person may consume alcoholic beverages at a sports venue
between 10 a.m. and noon.
Added by Acts 2003, 78th Leg., ch. 946, Sec. 2, eff. Sept. 1,
2003. Amended by Acts 2003, 78th Leg., 3rd C.S., ch. 3, Sec.
21.01, eff. Jan. 11, 2004.
Sec. 105.08. HOURS OF SALE AND CONSUMPTION: WINERY. The holder
of a winery permit may sell, offer for sale, and deliver wine,
and a person may consume wine on the premises of a winery:
(1) between 8 a.m. and midnight on any day except Sunday; and
(2) between 10 a.m. and midnight on Sunday.
Added by Acts 2005, 79th Leg., Ch.
84, Sec. 2, eff. May 17, 2005.
Sec. 105.09. HOURS OF SALE AND CONSUMPTION: CERTAIN EVENTS.
Notwithstanding any other provision of this code, in addition to
any other period during which the sale and consumption of alcohol
is authorized under this code:
(1) a licensed or permitted premises located at a festival,
fair, or concert may sell alcoholic beverages between 10 a.m. and
noon; and
(2) a person may consume alcoholic beverages at a festival,
fair, or concert between 10 a.m. and noon.
Added by Acts 2005, 79th Leg., Ch.
239, Sec. 1, eff. September 1, 2005.
Renumbered from Alcoholic Beverage Code, Section 105.08 by Acts
2007, 80th Leg., R.S., Ch.
921, Sec. 17.001(5), eff. September 1, 2007.
Sec. 105.10. PENALTY. (a) A person commits an offense if the
person, in violation of this chapter or Section 32.17(a)(7):
(1) sells or offers for sale an alcoholic beverage during
prohibited hours; or
(2) consumes or permits the consumption of an alcoholic beverage
on the person's licensed or permitted premises during prohibited
hours.
(b) An offense under this section is a Class A misdemeanor.
Added by Acts 2007, 80th Leg., R.S., Ch.
68, Sec. 24, eff. September 1, 2007.