TABC Code - Texas Alcoholic Beverage Commission

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(6) "The legal sale of all alcoholic beverages except mixed beverages." (7) "The legal sale of all alcoholic beverages including mixed beverages." (8) "The legal sale of mixed beverages." (9) "The legal sale of mixed beverages in restaurants by food and beverage certificate holders only." (10) "The legal sale of wine on the premises of a holder of a winery permit." (c) In an area where the sale of any type or classification of [all] alcoholic beverages [including mixed beverages] has been legalized, the ballot for a prohibitory election shall be prepared to permit voting for or against the one of the following issues that applies: (1) "The legal sale of beer for off-premise consumption only." (2) "The legal sale of beer." (3) "The legal sale of beer and wine for off-premise consumption only." (4) "The legal sale of beer and wine." (5) "The legal sale of all alcoholic beverages for off-premise consumption only." (6) "The legal sale of all alcoholic beverages except mixed beverages." (7) "The legal sale of all alcoholic beverages including mixed beverages." (8) "The legal sale of mixed beverages." (9) "The legal sale of mixed beverages in restaurants by food and beverage certificate holders only." (10) "The legal sale of wine on the premises of a holder of a winery permit." (d) In an area where the sale of all alcoholic beverages except mixed beverages has been legalized, the ballot for a prohibitory election shall be prepared to permit voting for or against the one of the following issues that applies: (1) "The legal sale of beer for off-premise consumption only." (2) "The legal sale of beer." (3) "The legal sale of beer and wine for off-premise consumption only." (4) "The legal sale of beer and wine." (5) "The legal sale of all alcoholic beverages for off-premise consumption only." (6) "The legal sale of all alcoholic beverages except mixed beverages." (7) "The legal sale of wine on the premises of a holder of a winery permit." (e) In an area where the sale of beverages containing alcohol not in excess of 17 percent by volume has been legalized, and those of higher alcoholic content are prohibited, the ballot for a prohibitory election shall be prepared to permit voting for or against the one of the following issues that applies: (1) "The legal sale of beer for off-premise consumption only." (2) "The legal sale of beer." (3) "The legal sale of beer and wine for off-premise consumption only." (4) "The legal sale of beer and wine." (5) "The legal sale of wine on the premises of a holder of a winery permit." (f) In an area where the sale of beer containing alcohol not exceeding four percent by weight has been legalized, and all other alcoholic beverages are prohibited, the ballot for a prohibitory election shall be prepared to permit voting for or against the one of the following issues that applies: (1) "The legal sale of beer for off-premise consumption only." (2) "The legal sale of beer." (g) In an area where the sale of a particular type of alcoholic beverage has been legalized only for off-premise consumption, no alcoholic beverage may be consumed on any licensed premises and no type of alcoholic beverage other than the type legalized may be sold. (h) Subject to Section 251.81, Alcoholic Beverage Code, a wine only package store permit may be issued for premises in an area in which the sale of wine has been legalized by a local option election under Subsection (b)(3) or (4). Texas Alcoholic Beverage Code (2009) 254
Sec. 501.036. ISSUE ON MIXED BEVERAGES. (a) A local option election does not affect the sale of mixed beverages unless the proposition specifically mentions mixed beverages. (b) In any local option election in which any shade or aspect of the issue submitted involves the sale of mixed beverages, any other type or classification of alcoholic beverage that was legalized before the election remains legal without regard to the outcome of that election on the question of mixed beverages. If the sale of mixed beverages by food and beverage certificate holders was legalized before a local option election on the general sale of mixed beverages, the sale of mixed beverages in an establishment that holds a food and beverage certificate remains legal without regard to the outcome of the election on the general sale of mixed beverages. Sec. 501.037. EVIDENCE OF VALIDITY. The commissioners court election order is prima facie evidence of compliance with all provisions necessary to give the order validity or to give the commissioners court jurisdiction to make the order valid. Sec. 501.038. FREQUENCY OF ELECTIONS. A local option election on a particular issue may not be held in a political subdivision until after the first anniversary of the most recent local option election in that political subdivision on that issue. [Sections 501.039-501.100 reserved for expansion] SUBCHAPTER C. HOLDING OF ELECTION Sec. 501.101. APPLICABILITY OF ELECTION CODE. Except as provided by this chapter, the officers holding a local option election shall hold the election in the manner provided by the other provisions of this code. Sec. 501.102. ELECTION PRECINCTS. (a) County election precincts shall be used for a local option election to be held in an entire county or in a justice precinct. (b) Election precincts established by the governing body of the municipality for its municipal elections shall be used for a local option election to be held in a municipality. If the governing body has not established precincts for its municipal elections, the commissioners court shall prescribe the election precincts for the local option election under the law governing establishment of precincts for municipal elections. Sec. 501.103. POLLING PLACES; NOTICE. (a) The election shall be held at the customary polling place in each election precinct. If the customary polling place is not available, the commissioners court shall designate another polling place. (b) The notice for the election shall state the polling place for each election precinct and the precinct numbers of county precincts included in each municipal election precinct if the election is for a municipality. Sec. 501.104. NUMBER OF BALLOTS FURNISHED. If the election is conducted using printed ballots, the county clerk shall furnish the presiding judge of each election precinct with at least the number of ballots equal to the number of registered voters in the precinct plus 10 percent of that number of voters. Sec. 501.105. ISSUE ON BALLOT. (a) The issue ordered to appear on the ballot for an election ordered by the commissioners court must be the same as the issue applied for and set out in the petition. (b) The issue appropriate to the election shall be printed on the ballot in the exact language stated in Section 501.035. Sec. 501.106. TIME FOR VOTE TALLY. The votes for a local option election shall be counted and the report of the election submitted to the commissioners court within 24 hours after the time the polls close. Sec. 501.107. COUNTY PAYMENT OF ELECTION EXPENSES. The county shall pay the expense of holding a local option election authorized by this chapter in the county, justice precinct, or municipality in that county except that: Texas Alcoholic Beverage Code (2009) 255
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ALCOHOLIC BEVERAGE CODE SEPTEMBER 1
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TITLE 1. GENERAL PROVISIONS Chapter
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Chapter 104. Chapter 105. Chapter 1
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ALCOHOLIC BEVERAGE CODE TITLE 1. GE
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(18) "Original package," as applied
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Sec. 5.02. MEMBERS OF COMMISSION; A
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appropriation. The commission or ad
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whom he represents and of the fact
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law or regulations, in order to rec
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order, the judge hearing the matter
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(b) If a written complaint is filed
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(b) The report must specify the num
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laws of this state that applies for
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shall be on a form prescribed by th
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(c) Notwithstanding any other provi
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(d) This section does not apply to
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surrendered. An application submitt
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109.53 of this code for any cause o
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SUBCHAPTER C. CANCELLATION AND SUSP
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(4) who possesses a concealed handg
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(c) The following circumstances jus
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Sec. 11.73. AFFIRMATION OF COMPLIAN
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(b) A sampling event authorized by
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(1) not the holder of a permit auth
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and malt liquor that is illegal to
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(b) The holder of a package store p
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(4) sharing or utilizing the same b
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Sec. 24.05. PROHIBITED INTERESTS. (
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spouse, during the five years immed
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(b) A permittee who fails to comply
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Sec. 27.14. APPLICATION OF WINE AND
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transporter may acquire the alcohol
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(2) the home port of the boat is in
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Sec. 30.04. PURCHASE OF DISTILLED S
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center and that borders a lake may
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third person guaranteed by all the
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not less than 50 acres that is owne
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the permit holder is storing or ser
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(b) The commission may not issue mo
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produce, including tastings, at a r
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from a holder of a mixed beverage p
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Sec. 43.04. ELIGIBILITY FOR PERMIT.
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(3) sell denatured or industrial al
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CHAPTER 51. MINIBAR PERMIT Sec. 51.
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(i) During the tasting, not more th
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Sec. 54.04. PERMIT FEE. The annual
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SUBTITLE B. LICENSES CHAPTER 61. PR
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(b) The commission's rules shall sp
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(i) A master may be an employee of
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Sec. 61.37. CERTIFICATION OF WET OR
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(7) the applicant is not of good mo
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Sec. 61.48. RENEWAL APPLICATION. An
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(30) is residentially domiciled wit
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usiness does in fact endanger the g
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Sec. 61.86. DISCIPLINE FOR ACTIONS
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(c) A truck operated by a licensed
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Sec. 64.05. PERSONS INELIGIBLE FOR
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Sec. 66.06. RENEWAL OF LICENSE. App
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(1) prostitution; (2) a vagrancy of
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(b) The holder of a retail dealer's
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Sec. 73.03. LICENSE REQUIRED. A per
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Sec. 74.06. QUALITY STANDARDS. Manu
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(b-1) If an individual other than a
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SUBCHAPTER B. OFFENSES RELATING TO
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(1) any compound made from syntheti
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applicant's record. After entry of
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Sec. 102.05. HOTEL: MULTIPLE INTERE
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(2) the name, emblem, logo, or bran
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(1) a holder of a manufacturer's or
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of any general, local, or branch di
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SUBCHAPTER D. BEER INDUSTRY FAIR DE
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e named in writing by each party an
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less any state taxes which have bee
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shall command the sheriff or consta
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or more of the gross receipts of th
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(b) In a standard hours area, a per
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(f) A minor who commits an offense
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Sec. 106.10. PLEA OF GUILTY BY MINO
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(1) that the violation could not re
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use without being required to hold
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officer, director, or firm member,
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erect and maintain one sign at each
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member of the manufacturing or dist
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qualified licensee or permittee, he
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(c) In exercising the authority gra
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(b) If a municipality submits a pet
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(b) The commission may deny a licen
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separately and individually for eac
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Sec. 110.053. SALE AND SHIPMENT OF
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Sec. 201.13. SALE OF UNTAXED LIQUOR
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Sec. 201.73. DESIGN. The commission
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Sec. 203.11. EVIDENCE IN SUIT. In a
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(b) All revenues derived from the c
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Sec. 206.01. RECORDS. (a) A permitt
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TITLE 6. LOCAL OPTION ELECTIONS CHA
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Sec. 251.79. AREAS IN WHICH CERTAIN
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Grounds of cancellation or suspensi
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Inside displays. 108.51, 108.52 Man
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Appeals. (See same in this index.)
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Premises (See same in this index) P
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Bond for taxes; excise tax. 204.03(
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Subterfuge. 11.05; 109.53 Summary s
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Violation of Alcoholic Beverage Cod
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Required for permit (US Citizenship
Page 209 and 210: Unlawful. 22.10; 22.11; 24.09; 24.1
Page 211 and 212: Certification to TABC. Conviction.
Page 213 and 214: All violations. 11.64 Minor cases.
Page 215 and 216: Actions of Employee: Relax sanction
Page 217 and 218: FESTIVALS AND CIVIC CELEBRATIONS. 1
Page 219 and 220: HUMAN RESOURCE DIVISION. 5.101 Recr
Page 221 and 222: Refusal, vehicle. 101.71 INSPECTORS
Page 223 and 224: Intoxicated Persons. Sale or delive
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Page 229 and 230: If supervised by commissioned peace
Page 231 and 232: PACKAGE STORE PERMIT. 22.01, et. se
Page 233 and 234: PHARMACEUTICAL ALCOHOL. 38.01, et.
Page 235 and 236: Wholesaling. 101.10(b) PRIVATE CARR
Page 237 and 238: Misrepresentation of beer, cancel.
Page 239 and 240: REPORT OF TABC TO GOVERNOR. 5.09 RE
Page 241 and 242: Open container at package store or
Page 243 and 244: Retailer may not transfer. 69.09; 6
Page 245 and 246: Unsalable beer. 203.04 Reports to T
Page 247 and 248: Restraining order §101.01 TEMPORAR
Page 249 and 250: Importation of liquor. 107.05 Impor
Page 251 and 252: Cancellation. 25.04 County judge to
Page 253 and 254: APPENDIX A AGRICULTURE CODE Sec. 12
Page 255 and 256: APPENDIX B EDUCATION CODE §38.007.
Page 257 and 258: (3) to the county clerk or registra
Page 259: (e) The signature is the only entry
Page 263 and 264: (b) In a prohibitory election, if a
Page 265 and 266: sister of the individual, or niece
Page 267 and 268: APPENDIX F HUMAN RESOURCE CODE § 4
Page 269 and 270: APPENDIX G PENAL CODE § 46.035. UN
Page 271 and 272: Sec. 49.065. ASSEMBLING OR OPERATIN
Page 273 and 274: (e) Repealed by Acts 2005, 79th Leg
Page 275: APPENDIX I VERNON’S CIVIL STATUTE
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TABC Code - Texas Alcoholic Beverage Commission

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