TABC Code - Texas Alcoholic Beverage Commission

Sec. 69.15. RESTRICTIONS ON LOCATION IN CERTAIN MUNICIPALITIES. (a)
Section 11.52 of this code applies to the issuance of a retail dealer's on-premise license as if the license
were a permit to which this section applies.
(b) Section 61.31(b) of this code does not apply to an application for a retail dealer's onpremise
license.
Sec. 69.16. FOOD AND BEVERAGE CERTIFICATE. (a) A holder of a retail dealer's onpremise
license may be issued a food and beverage certificate by the commission if food service is the
primary business being operated on the premises by the permittee.
(b) An applicant or holder of a food and beverage certificate shall have food service facilities
for the preparation and service of multiple entrees. The commission shall adopt rules as necessary to
assure that the holder of a food and beverage certificate maintains food service as the primary business on
the premises for which a food and beverage certificate has been issued. The commission may exempt
permittees who are concessionaires in public entertainment venues such as sports stadiums and
convention centers from the requirement that food service be the primary business on the premises.
(c) The fee for a food and beverage certificate shall be set at a level sufficient to recover the
cost of issuing the certificate and administering this section.
(d) A certificate issued under this section expires on the expiration of the primary retail
dealer's on-premise license. A certificate may be canceled at any time if the commission finds that the
holder of the certificate is not operating primarily as a food service establishment. For the purposes of this
section, it shall be presumed that a permittee is not primarily operating as a food service establishment if
alcohol sales are in excess of 50 percent of the gross receipts of the premises. The commission may
impose a fine not to exceed $5,000 on the holder of a food and beverage certificate not operating as a
food service establishment and may, upon finding that the permittee knowingly operated under a food and
beverage certificate while not complying with this section, cancel the licensee's retail dealer's on-premise
license.
(e) Section 61.13 does not apply to the holder of a food and beverage certificate.
CHAPTER 70. RETAIL DEALER'S ON-PREMISE
LATE HOURS LICENSE
Sec. 70.01. AUTHORIZED ACTIVITIES. The holder of a retail dealer's on-premise late hours
license may sell beer for consumption on the premises on Sunday between the hours of 1:00 a.m. and 2
a.m. and on any other day between the hours of 12 p.m. and 2 a.m. if the premises covered by the license
are in an area where the sale of beer during the hours is authorized by this code.
Sec. 70.02. FEE. The annual state fee for a retail dealer's on-premise late hours license is $250.
Sec. 70.03. APPLICATION OF CERTAIN CODE PROVISIONS. All provisions of this code
which apply to a retail dealer's on-premise license also apply to a retail dealer's on-premise late hours
license.
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.
Sec. 71.02. FEE. The annual state fee for a retail dealer's off-premise license is $60.
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.
Texas Alcoholic Beverage Code (2009) 112