TABC Code - Texas Alcoholic Beverage Commission

(c) The commission shall terminate a suspension made under this section when the permittee
files all required returns, posts the security required by the comptroller under Section 183.053, Tax Code,
and makes all required tax payments, including payment of penalties that are due.
Sec. 28.18. FOOD AND BEVERAGE CERTIFICATE. (a) A holder of a mixed beverage
permit may be issued a food and beverage certificate by the commission if the gross receipts of mixed
beverages sold by the holder are 50 percent or less of the total gross receipts from the premises.
(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 on the premises for which
a food and beverage certificate has been issued.
(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) On receipt of an application for a renewal of a mixed beverage permit by a holder who
also holds a food and beverage certificate, the commission shall request certification by the comptroller to
determine whether the holder is in compliance with Subsection (a). In determining compliance with
Subsection (a), the comptroller shall compare the permittee's gross receipts tax reports with the
permittee's sales tax reports for the premises. If the comptroller does not certify that the holder is in
compliance with Subsection (a), the commission may not renew the certificate.
(e) A certificate expires on the expiration of the primary mixed beverage permit. A holder of
a mixed beverage permit who is denied renewal of a certificate may not apply for a new certificate until
the day after the first anniversary of the determination of the comptroller under Subsection (d).
(f) Section 11.11 does not apply to the holder of a food and beverage certificate.
CHAPTER 29. MIXED BEVERAGE LATE HOURS PERMIT
Sec. 29.01. AUTHORIZED ACTIVITIES. The holder of a mixed beverage late hours permit
may sell mixed beverages on Sunday between the hours of 1:00 a.m. and 2 a.m. and on any other day
between the hours of 12 midnight and 2 a.m. if the premises covered by the permit are in an area where
the sale of mixed beverages during those hours is authorized by this code.
Sec. 29.02. FEE. The annual state fee for a mixed beverage late hours permit is $150.
Sec. 29.03. APPLICATION OF PROVISIONS REGULATING MIXED BEVERAGE
PERMITS. All provisions of this code which apply to a mixed beverage permit also apply to a mixed
beverage late hours permit.
CHAPTER 30. DAILY TEMPORARY MIXED BEVERAGE PERMIT
Sec. 30.01. AUTHORIZED ACTIVITIES. The holder of a daily temporary mixed beverage
permit may sell mixed beverages for consumption on the premises for which the permit is issued.
Sec. 30.02. FEE. The state fee for a daily temporary mixed beverage permit is $50 per day.
Sec. 30.03. ISSUANCE OF PERMIT. (a) The commission may, in its discretion, issue on a
temporary basis a daily temporary mixed beverage permit. A daily temporary mixed beverage permit may
be issued only to a holder of a mixed beverage permit for the temporary sale of authorized alcoholic
beverages at picnics, celebrations, or similar events, or to a political party or political association
supporting a candidate for public office or a proposed amendment to the Texas Constitution or other
ballot measure, to an organization formed for a specific charitable or civic purpose, to a fraternal
organization in existence for over five years with a regular membership, or to a religious organization.
The commission shall not issue more than 10 temporary mixed beverage permits in each calendar year to
a person who does not also hold a mixed beverage permit.
(b) The provisions of this code which apply to the application for and issuance of other
permits do not apply to the application and issuance of a daily temporary mixed beverage permit.
Texas Alcoholic Beverage Code (2009) 60