TABC Code - Texas Alcoholic Beverage Commission

CHAPTER 25. WINE AND BEER RETAILER'S PERMIT
Sec. 25.01. AUTHORIZED ACTIVITIES. The holder of a wine and beer retailer's permit may
sell:
(1) for consumption on or off the premises where sold, but not for resale, wine, beer,
and malt liquors containing alcohol in excess of one-half of one percent by volume and not more than 17
percent by volume; and
(2) for consumption on the premises traditional port or sherry containing alcohol in
excess of one-half of one percent by volume and not more than 24 percent by volume.
Sec. 25.02. FEE. (a) Except as provided in Subsection (b) and Section 25.03, the annual state fee
for a wine and beer retailer's permit is $175.
(b) The annual state fee for a wine and beer retailer's permit in connection with an
establishment located in a county with a population of 1.4 million or more is $750. The original
application fee for a wine and beer retailer's permit in connection with an establishment located in a
county with a population of 1.4 million or more is $1,000.
Sec. 25.03. RAILWAY CARS AND EXCURSION BOATS; PERMITS, FEES.(a) A wine
and beer retailer's permit may be issued for railway dining, buffet, or club cars on the payment of an
annual state fee of $30 for each car.
(b) A wine and beer retailer's permit may be issued for a regularly scheduled excursion boat
which is licensed by the United States Coast Guard to carry passengers on the navigable waters of the
state and which has a tonnage of not less than 35 tons, a length of not less than 55 feet, and a passenger
capacity of not less than 45 passengers. The annual state fee for the permit is $130.
(c) Application for a permit for a railway car or an excursion boat and payment of the
required fee shall be made directly to the commission.
(d) A permit for a railway car or an excursion boat is inoperative in a dry area.
Sec. 25.04. ISSUANCE, CANCELLATION, AND SUSPENSION OF PERMIT. (a) A wine
and beer retailer's permit is issued by the commission or administrator. The qualification of applicants and
the application for and issuance of the permit are governed by the same provisions which apply to the
application for and issuance of a retail dealer's on-premise license.
(b) The provisions of this code applicable to the cancellation and suspension of a retail
dealer's on-premise license also apply to the cancellation and suspension of a wine and beer retailer's
permit.
Sec. 25.05. HEARINGS ON PERMIT APPLICATION: NOTICE AND ATTENDANCE. (a)
On receipt of an original application for a wine and beer retailer's permit, the county judge shall give
notice of all hearings before him concerning the application to the commission, the sheriff, and the chief
of police of the incorporated city in which, or nearest which, the premises for which the permit is sought
are located.
(b) The individual natural person applying for the permit or, if the applicant is not an
individual natural person, the individual partner, officer, trustee, or receiver who will be primarily
responsible for the management of the premises shall attend any hearing involving the application.
Sec. 25.051. MASTERS IN CERTAIN COUNTIES. (a) The county judge of a county with a
population of 1.3 million or more may appoint a master to hear a permit application under this chapter in
the manner provided by Section 61.311 of this code for the appointment of a master to hear a license
application.
(b) A master shall give notice of a hearing before the master to each person entitled to notice
of a hearing before a judge under Section 25.05 of this code.
Sec. 25.052. DELEGATION OF DUTIES OF COUNTY JUDGE. A county judge may
delegate the duty to hear a permit application under this chapter in the manner provided by Section 61.312
of this code for the delegation of the duty to hear a license application.
Sec. 25.06. DENIAL OF ORIGINAL APPLICATION. (a) The county judge shall deny an
original application for a wine and beer retailer's permit if he finds that the applicant, or the applicant's
Texas Alcoholic Beverage Code (2009) 50