Texas Alcoholic Beverage Code - Section 28.081. Substitution Of Brand Without Consent Of Consumer Prohibited
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§ 28.081. SUBSTITUTION OF BRAND WITHOUT CONSENT OF
CONSUMER PROHIBITED. (a) The holder of a mixed beverage permit or
a private club permit, or the agent, servant, or employee of a
holder of a mixed beverage permit or private club permit commits an
offense if the holder, agent, servant, or employee substitutes one
brand of alcoholic beverage for a brand that has been specifically
requested by a consumer, unless the consumer is notified and
consents to the substitution.
(b) A holder of a permit who violates Subsection (a) of this
section is liable in a civil suit to a consumer for damages
resulting from the substitution. The court shall award the
prevailing party in an action under this section attorney's fees
and costs of action.
(c) The commission shall provide written notice of the
provisions of this section to an applicant or permittee when
issuing an original or renewal mixed beverage permit or private
club permit on or after October 1, 1993.
Added by Acts 1993, 73rd Leg., ch. 934, § 36, eff. Sept. 1, 1993.
Section: 28.02 28.03 28.04 28.05 28.06 28.07 28.08 28.081 28.09 28.10 28.11 28.12 28.13 28.14 28.15
Last modified: August 10, 2007
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