Texas Alcoholic Beverage Code Title 4, Chapter 109 - Miscellaneous Regulatory Provisions
SUBCHAPTER A SALVAGED AND INSURED LOSSES
- Texas Section 109.01 - Sale Of Salvaged Or Insured Loss
If a person who does not hold a permit or license to sell alcoholic beverages acquires possession of alcoholic beverages as an insurer or insurance...
- Texas Section 109.02 - Registration Of Beverages With Commission
Immediately after taking possession of the alcoholic beverages, the insurer or insurance salvor shall register them with the commission, furnishing the commission a detailed inventory...
- Texas Section 109.03 - Prerequisite To Salability
An alcoholic beverage is salable under this subchapter only if it has not been adulterated, it is fit for human consumption, all tax stamps required...
- Texas Section 109.04 - Sale Of Beer: Procedure
(a) When the commission is notified under this subchapter of the acquisition of beer or its containers or original packages, it shall immediately notify a...
- Texas Section 109.05 - Sale Of Liquor: Procedure
(a) When the commission is notified under this subchapter of the acquisition of liquor or its containers or original packages, it shall immediately notify the...
- Texas Section 109.06 - Purchaser's Right To Use Beverages
A permittee or licensee who purchases alcoholic beverages under this subchapter may treat them as other alcoholic beverages acquired by him as provided in this...
- Texas Section 109.07 - Salvor May Reject Bid
A salvor may reject a bid made on only a part of a whole salvage. Acts 1977, 65th Leg., p. 524, ch. 194, Sec. 1,...
SUBCHAPTER B HOME PRODUCTION OF WINE, ALE, MALT LIQUOR, OR BEER
- Texas Section 109.08 - Exclusion
Notwithstanding any other provision of this code, no person engaged in business as a distiller, brewer, manufacturer, winery, or any other manufacturing level producer of...
- Texas Section 109.21 - Home Production Of Wine, Ale, Malt Liquor, Or Beer
(a) The head of a family or an unmarried adult may produce for the use of his family or himself not more than 200 gallons...
SUBCHAPTER C LOCAL REGULATION OF ALCOHOLIC BEVERAGES
- Texas Section 109.22 - Delivery Of Home-produced Wine, Ale, Malt Liquor, Or Beer For Certain Purposes
(a) This section applies only to a person who is authorized under Section 109.21(a) to produce wine, ale, malt liquor, or beer. (b) For the...
- Texas Section 109.31 - Municipal Regulation Of Liquor
A city by charter may prohibit the sale of liquor in all or part of the residential sections of the city. Acts 1977, 65th Leg.,...
- Texas Section 109.32 - Municipal And County Regulation Of Beer
(a) An incorporated city or town by charter or ordinance may: (1) prohibit the sale of beer in a residential area; and (2) regulate the...
- Texas Section 109.33 - Sales Near School, Church, Or Hospital
(a) The commissioners court of a county may enact regulations applicable in areas in the county outside an incorporated city or town, and the governing...
- Texas Section 109.331 - Sales Near Day-care Center Or Child-care Facility
(a) This section applies only to a permit or license holder under Chapter 25, 28, 32, 69, or 74 who does not hold a food...
- Texas Section 109.35 - Orders For Prohibition On Consumption
(a) If the governing body of a municipality determines that the possession of an open container or the public consumption of alcoholic beverages in the...
SUBCHAPTER D OTHER MISCELLANEOUS PROVISIONS
- Texas Section 109.36 - Consumption Of Alcoholic Beverages Near Homeless Shelter Or Substance Abuse Treatment Center
(a) In this section: (1) "Central business district" means a compact and contiguous geographical area of a municipality used for commercial purposes that has historically...
- Texas Section 109.51 - Sacramental Wine
Nothing in this code limits the right of a minister, priest, rabbi, or religious organization from obtaining sacramental wine for sacramental purposes only, directly from...
- Texas Section 109.52 - Warehouse Receipts
A bank, trust company, or other financial institution that owns or possesses warehouse receipts for alcoholic beverages as security for a loan, after receiving permission...
- Texas Section 109.53 - Citizenship Of Permittee; Control Of Premises; Subterfuge Ownership; Etc
No person who has not been a citizen of Texas for a period of one year immediately preceding the filing of his application therefor shall...
- Texas Section 109.531 - Additional Requirements For Application Or Renewal Of Permit Or License By Out-of-state Residents
In addition to any other requirement for a license or permit under this code, a person who has not been a citizen of this state...
- Texas Section 109.532 - Criminal History Background Checks
(a) The commission shall establish a uniform method of obtaining criminal history information. The uniform method must require: (1) either a complete set of fingerprints...
- Texas Section 109.54 - Festivals And Civic Celebrations
(a) Any licensee who has purchased beer for sale at the site of a festival or civic celebration which has been held annually for at...
- Texas Section 109.55 - Certificate
If after June 1, 1987, the certificate is filed under Section 15, Chapter 285, or Section 16, Chapter 462, Acts of the 69th Legislature, Regular...
- Texas Section 109.56 - Conviction Of Offense Relating To Discrimination; Policy Of Nondiscrimination
The commission or administrator may suspend for not more than 60 days or cancel an original or renewal permit if it is found, after notice...
- Texas Section 109.57 - Application Of Code; Other Jurisdictions
(a) Except as is expressly authorized by this code, a regulation, charter, or ordinance promulgated by a governmental entity of this state may not impose...
- Texas Section 109.58 - Relaxation Of Restrictions As To Charitable Events
(a) This code does not prohibit permit and license holders engaged in the alcoholic beverage industry at different levels from simultaneously or jointly sponsoring a...
- Texas Section 109.59 - Application Of Distance Requirements
(a) If at the time an original alcoholic beverage permit or license is granted for a premises the premises satisfies the requirements regarding distance from...
- Texas Section 109.60 - Purchases By Certain Permitees
For the convenience of the commission in performing its regulatory functions and the comptroller in examining tax accounts of mixed beverage permitees and private club...
- Texas Section 109.61 - Use Of Certain Electronically Readable Information
(a) A person may access electronically readable information on a driver's license, commercial driver's license, or identification certificate for the purpose of complying with this...
- Texas Section 109.62 - Temporary Relocation Of Distributor Or Wholesaler During Emergency
(a) In this section, "period of emergency" means a time during which weather, fire, earthquake, or other natural disaster, act of God, or catastrophe affects...
- Texas Section 109.63 - Bulk Transfers Between Certain Permittees And Licensees
(a) This section applies to the holder of a brewer's permit, distiller's and rectifier's permit, winery permit, wine bottler's permit, or manufacturer's license. (b) Notwithstanding...
- Texas Section 109.64 - Bulk Purchase By Holder Of Industrial Permit
Section 102.32 applies to the bulk purchase of liquor by the holder of an industrial permit from the holder of a wholesaler's permit. Added by...
Last modified: September 28, 2016