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TABC Code - Texas Alcoholic Beverage Commission

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(b) A permittee who fails to comply with this section commits a misdemeanor punishable by<br />

a fine of not more than $25.<br />

Sec. 26.06. MASTERS IN CERTAIN COUNTIES. The county judge of a county with a<br />

population of 1.3 million or more may appoint a master to hear a permit application under this chapter in<br />

the manner provided by Section 61.311 of this code for the appointment of a master to hear a license<br />

application.<br />

Sec. 26.07. DELEGATION OF DUTIES OF COUNTY JUDGE. A county judge may delegate<br />

the duty to hear a permit application under this chapter in the manner provided by Section 61.312 of this<br />

code for the delegation of the duty to hear a license application.<br />

Sec. 26.08. SAMPLING EVENT. (a) An employee of the holder of a wine and beer retailer's<br />

off-premise permit may open, touch, or pour wine, beer, or malt liquor, make a presentation, or answer<br />

questions at a sampling event.<br />

(b)<br />

For purposes of this code and any other law or ordinance:<br />

(1) a wine and beer retailer's off-premise permit does not authorize the sale of<br />

alcoholic beverages for on-premises consumption; and<br />

(2) none of the permit holder's income may be considered to be income from the sale<br />

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

(c) Any wine, beer, or malt liquor used in a sampling event under this section must be<br />

purchased from or provided by the retailer on whose premises the sampling event is held. This section<br />

does not authorize the holder of a wine and beer retailer's off-premise permit to withdraw or purchase<br />

alcoholic beverages from the holder of a wholesaler's permit or a distributor's license or provide alcoholic<br />

beverages for a sampling on a retailer's premises that is not purchased from the retailer. The amount of<br />

alcoholic beverages purchased from the retailer may not exceed the amount of alcoholic beverages used<br />

in the sampling event.<br />

CHAPTER 27. TEMPORARY AND SPECIAL WINE AND BEER RETAILER'S PERMITS<br />

SUBCHAPTER A. TEMPORARY WINE AND BEER<br />

RETAILER'S PERMIT<br />

Sec. 27.01. AUTHORIZED ACTIVITIES. The holder of a temporary wine and beer retailer's<br />

permit may sell for consumption on or off the premises where sold, but not for resale, wine, beer, and<br />

malt liquors containing alcohol in excess of one-half of one percent by volume but not more than 17<br />

percent by volume.<br />

Sec. 27.011. SALE OUTSIDE PERMIT HOLDER'S COUNTY. A holder of a temporary wine<br />

and beer retailer's permit that sells wine, beer, or malt liquor under that permit in a county other than the<br />

county in which the premises covered by the permit required by Section 27.04 is located must:<br />

(1) purchase the beverages from a distributor or wholesaler authorized under this<br />

code to sell the beverages in the county in which the permit holder sells the beverages under this chapter;<br />

and<br />

(2) report to the commission, in the manner prescribed by the commission by rule,<br />

the amount of beverages purchased and sold under this section, by type.<br />

Sec. 27.02. FEE. The state fee for a temporary wine and beer retailer's permit is $30. No refund<br />

shall be allowed for the surrender or nonuse of the permit.<br />

Sec. 27.03. DURATION OF PERMIT. (a) Except as provided by Subsection (b), a temporary<br />

wine and beer retailer's permit may be issued for a period of not more than four days.<br />

(b) A temporary wine and beer retailer's permit issued under Section 27.07 may be issued for<br />

a period of five days. On notice to the commission, the commission may extend the permit for one<br />

additional day to accommodate the postponement of scheduled racing events due to an act of nature.<br />

<strong>Texas</strong> <strong>Alcoholic</strong> <strong>Beverage</strong> <strong>Code</strong> (2009) 53

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