Texas Alcoholic Beverage Code - Section 108.73. Definitions
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§ 108.73. DEFINITIONS. In this subchapter:
(1) "Independent concessionaire" means a licensed or
permitted member of the retail tier or a holder of a private club
permit, caterer's permit, or food and beverage certificate who:
(A) has a written concession agreement from the
owner, operator, or lessee of a public entertainment facility;
(B) receives no monetary benefit, directly or
indirectly, by any scheme or device or in any form or degree from
the alcoholic beverage industry including a benefit in the form of
capital improvements, furniture, fixtures, or equipment, unless
otherwise authorized by this code or commission rules; and
(C) is not owned, in whole or in part, by the
public entertainment facility, or a subsidiary, agent, manager, or
company managing the facility, and who does not own, in whole or in
part, or manage the public entertainment facility.
(2) "Public entertainment facility" means an arena,
stadium, automobile race track, amphitheater, auditorium, theater,
civic center, convention center, or similar facility that is
primarily designed and used for live artistic, theatrical,
cultural, educational, charitable, musical, sporting, nationally
sanctioned automobile racing, or entertainment events. The term
does not include a facility the primary purpose of which is the sale
of food or alcoholic beverages, including a bar, nightclub,
restaurant, hotel, bowling alley, pool hall, or dance hall, or a
facility that derives 75 percent or more of the facility's annual
gross revenue from the on-premise sale of alcoholic beverages.
(3) "Public entertainment facility property" means
property on which a public entertainment facility and a licensed or
permitted premises are located and related surrounding property.
(4) "Sponsorship signs" means any manner of
advertising, promotional, or sponsorship signage, or any
representation, device, display, regalia, insignia, indicia,
design, slogan, trade name, brand name, product name, permittee or
licensee name, advertising specialties, marketing services, or
other materials indicating participation in or sponsorship of all
or part of a public entertainment facility or an event or venue at a
public entertainment facility, including the sponsorship or naming
of all or part of the facility or event, wherever located, whether
indoor or outdoor, including billboards, awnings, and electric
signs, however manufactured, comprising whatever materials, and
however disseminated, including by writing, printing, graphics,
newspaper, periodicals, radio, television, cable, Internet,
electronic, satellite, and other media or communication
modalities.
Added by Acts 2003, 78th Leg., ch. 946, § 1, eff. Sept. 1, 2003.
Section: 108.52 108.53 108.54 108.55 108.56 108.71 108.72 108.73 108.74 108.75 108.76 108.77 108.78 108.79 108.80
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Last modified: August 10, 2007
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