TABC Code - Texas Alcoholic Beverage Commission

Sec. 101.45. CONTAINERS OF WINE: MAXIMUM CAPACITY. No person may sell wine
to a retail dealer in containers with a capacity greater than 4.9 gallons.
Sec. 101.46. CONTAINERS OF LIQUOR: MINIMUM CAPACITIES. (a) Except as
provided by Subsections (b), (c), and (d) of this section, no person may import, sell, or possess with intent
to sell any liquor in a container with a capacity of less than 20 milliliters. A container of liquor offered for
sale that has a capacity of less than six fluid ounces must substantially conform to the labeling
requirements of the Bureau of Alcohol, Tobacco, and Firearms for larger containers in which liquor is
sold. Holders of distiller's or rectifier's permits wishing to sell liquor bottled in containers of less than six
fluid ounces to wholesalers must sell such containers of liquor to wholesalers in units of unbroken, sealed
cases. Wholesalers shall sell liquor bottled in containers of less than six fluid ounces to package stores in
units of unbroken, sealed cases. Containers of liquor with a capacity of less than six fluid ounces offered
for sale in a package store must be sold in units of sealed packages featuring multiple bottles of liquor.
(b) Subsection (a) of this section does not apply to permittees or licensees while engaged in
supplying airline beverage or mixed beverage permittees, nor to the possession or sale of liquor by an
airline beverage or mixed beverage permittee, but none of the permittees or licensees covered by this
subsection may possess liquor in a container with a capacity of less than one fluid ounce.
(c) Subsection (a) of this section does not apply to liquor imported under Section 107.07 of
this code.
(d) Spirit coolers, as described by the definition of "distilled spirits" in Section 1.04 of this
code, may be sold in containers with a capacity of less than 355 milliliters as well as in containers with
any other capacity authorized by this code for distilled spirits.
Sec. 101.47. CARRIER MAY TRANSPORT LIQUOR IN SMALLCONTAINERS. The
commission may authorize a common carrier of persons engaged in interstate commerce to transport
liquor in containers of less than 20 milliliters if the liquor is not for sale, use, or consumption in the state.
Sec. 101.48. COMMISSION'S REGULATORY AUTHORITY. Sections 5.39 and 5.40 of this
code relate to the commission's authority to regulate liquor containers and beer container deposits.
SUBCHAPTER D. MISCELLANEOUS OFFENSES
Sec. 101.61. VIOLATION OF CODE OR RULE. A person who fails or refuses to comply with
a requirement of this code or a valid rule of the commission violates this code.
Sec. 101.62. OFFENSIVE NOISE ON PREMISES. No licensee or permittee, on premises
under his control, may maintain or permit a radio, television, amplifier, piano, phonograph, music
machine, orchestra, band, singer, speaker, entertainer, or other device or person that produces, amplifies,
or projects music or other sound that is loud, vociferous, vulgar, indecent, lewd, or otherwise offensive to
persons on or near the licensed premises.
Sec. 101.63. SALE TO CERTAIN PERSONS. (a) A person commits an offense if the person
with criminal negligence sells an alcoholic beverage to an habitual drunkard or an intoxicated or insane
person.
(b) Except as provided in Subsection (c) of this section, a violation of this section is a
misdemeanor punishable by a fine of not less than $100 nor more than $500, by confinement in jail for
not more than one year, or by both.
(c) If a person has been previously convicted of a violation of this section or of Section
106.03 of this code, a violation is a misdemeanor punishable by a fine of not less than $500 nor more than
$1,000, by confinement in jail for not more than one year, or by both.
Sec. 101.64. INDECENT GRAPHIC MATERIAL. No holder of a license or permit may
possess or display on the licensed premises a card, calendar, placard, picture, or handbill that is immoral,
indecent, lewd, or profane.
Sec. 101.65. BEVERAGES MADE FROM CERTAIN MATERIALS PROHIBITED. No
person may manufacture, import, sell, or possess for the purpose of sale an alcoholic beverage made
from:
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