TABC Code - Texas Alcoholic Beverage Commission

Sec. 25.13. FOOD AND BEVERAGE CERTIFICATE. (a) A holder of a wine and beer
retailer's permit 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 wine and
beer retailer's permit. 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 permittee's wine and beer retailer's permit.
(e) Section 11.11 does not apply to the holder of a food and beverage certificate.
CHAPTER 26. WINE AND BEER RETAILER'S OFF-PREMISE PERMIT
Sec. 26.01. AUTHORIZED ACTIVITIES. (a) The holder of a wine and beer retailer's offpremise
permit may sell for off-premises consumption only, but not for resale, wine, beer, and malt
liquors containing alcohol in excess of one-half of one percent by volume but not more than 17 percent by
volume.
(b) The holder of a wine and beer retailer's off-premise permit may conduct free product
samplings of wine, beer, and malt liquor containing alcohol in excess of one-half of one percent by
volume but not more than 17 percent by volume on the permit holder's premises during regular business
hours as provided by Section 26.08.
Sec. 26.02. FEE. The annual state fee for a wine and beer retailer's off-premise permit is $60.
Sec. 26.03. ISSUANCE, CANCELLATION, AND SUSPENSION OF PERMIT. (a) A wine
and beer retailer's off-premise permit is issued by the commission or administrator. The qualifications of
applicants and the application for an issuance of the permit are governed by the same provisions which
apply to the application for and issuance of a retail dealer's off-premise license.
(b) The provisions of this code applicable to the cancellation and suspension of a retail
dealer's off-premise license also apply to the cancellation and suspension of a wine and beer retailer's offpremise
permit.
Sec. 26.04. APPLICATION OF OTHER CODE PROVISIONS. Sections 61.78, 61.81, 61.82,
and 61.84 of this code also apply to a wine and beer retailer's off-premise permit. The restrictions in this
code relating to beer as to the application of local restrictions, sales to minors and intoxicated persons,
and age of employees apply to the sale of alcoholic beverages by a wine and beer retailer's off-premise
permittee.
Sec. 26.05. WARNING SIGN REQUIRED. (a) Each holder of a wine and beer retailer's offpremise
permit shall display in a prominent place on his premises a sign stating in letters at least two
inches high: IT IS A CRIME (MISDEMEANOR) TO CONSUME LIQUOR OR BEER ON THESE
PREMISES. The commission or administrator may require the holder of the permit to also display the
sign in a language other than English if it can be observed or determined that a substantial portion of the
expected customers speak the other language as their familiar language.
Texas Alcoholic Beverage Code (2009) 52