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TABC Code - Texas Alcoholic Beverage Commission

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or more of the gross receipts of the premises for which the license or permit is issued from the holder’s<br />

sale or service of alcoholic beverages for on-premises consumption.<br />

(b) The commission shall:<br />

(1) adopt rules for making a determination under Subsection (a); and<br />

(2) require a holder of a license or permit to provide any information or document<br />

that the commission needs to make a determination.<br />

(c) If the commission makes a determination under Subsection (a) that a holder of a license<br />

or permit receives 51 percent or more of the gross receipts of the premises from the sale or service of<br />

alcoholic beverages, the holder shall comply with the requirements of Section 31, Article 4413(29ee),<br />

Revised Statutes, and shall continue to comply with those requirements until the commission determines<br />

that the holder receives less than 51 percent of the gross receipts of the premises from the sale or service<br />

of alcoholic beverages for on-premises consumption.<br />

Sec. 104.07. POSTING OF CERTAIN NOTICES REQUIRED. (a) The holder of a permit<br />

or license under Chapter 25, 26, 28, 32, 69, or 71, other than the holder of a food and beverage certificate,<br />

shall display a sign containing the following notice in English and in Spanish:<br />

WARNING: Obtaining forced labor or services is a crime under <strong>Texas</strong> law. Call the national<br />

human trafficking hotline: 1-888-373-7888. You may remain anonymous.<br />

(b) The sign must be at least 8-1/2 inches high and 11 inches wide and displayed in a<br />

conspicuous manner clearly visible to the public and employees of the permit or license holder. The<br />

English notice must cover approximately two-thirds of the sign, and the Spanish notice must cover<br />

approximately one-third of the sign.<br />

CHAPTER 105. HOURS OF SALE AND CONSUMPTION<br />

Sec. 105.01. HOURS OF SALE: LIQUOR. (a) Except as provided in Sections 105.02, 105.03,<br />

105.04, and 105.08, no person may sell, offer for sale, or deliver any liquor: (1) on New<br />

Year's Day, Thanksgiving Day, or Christmas Day;<br />

(2) on Sunday; or<br />

(3) before 10 a.m. or after 9 p.m. on any other day.<br />

(b) When Christmas Day or New Year's Day falls on a Sunday, Subsection (a) of this section<br />

applies to the following Monday.<br />

Sec. 105.02. HOURS OF SALE: WHOLESALERS AND LOCAL DISTRIBUTORS TO<br />

RETAILERS. (a) A holder of a wholesaler's permit [Except as provided by Subsection (b) of this<br />

section, a wholesaler or a local distributor's permittee] may sell, offer for sale, or deliver liquor to a<br />

retailer anytime [between 5 a. m. and 9 p. m. on any day] except Sunday and Christmas Day.<br />

(b) A local distributor's permittee may [not] sell, offer for sale, or deliver [any] liquor to a<br />

retailer between 5 a.m. and 9 p.m. on any day except:<br />

(1) Sunday;<br />

(2) Christmas Day; or<br />

(3) a day on which a package store permittee is prohibited from selling liquor.<br />

Sec. 105.03. HOURS OF SALE: MIXED BEVERAGES. (a) No person may sell or offer for<br />

sale mixed beverages at any time not permitted by this section.<br />

(b) A mixed beverage permittee may sell and offer for sale mixed beverages between 7 a.m.<br />

and midnight on any day except Sunday. On Sunday he may sell mixed beverages between midnight and<br />

1:00 a.m. and between 10 a.m. and midnight, except that an alcoholic beverage served to a customer<br />

between 10 a.m. and 12 noon on Sunday must be provided during the service of food to the customer.<br />

(c) In a city or county having a population of 800,000 or more, according to the last<br />

preceding federal census, or 500,000 or more, according to the 22nd Decennial Census of the United<br />

States, as released by the Bureau of the Census on March 12, 2001, a holder of a mixed beverage late<br />

hours permit may also sell and offer for sale mixed beverages between midnight and 2 a.m. on any day.<br />

<strong>Texas</strong> <strong>Alcoholic</strong> <strong>Beverage</strong> <strong>Code</strong> (2009) 143

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