TABC Code - Texas Alcoholic Beverage Commission

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 private club registration 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 private club registration permit. A
holder of a private club registration 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.
Sec. 32.24. BREACH OF PEACE. The commission or administrator may suspend or cancel a
private club registration permit after giving the holder notice and the opportunity to show compliance
with the requirements of law for the retention of the permit if the commission or administrator finds that:
(1) a breach of the peace has occurred on the premises covered by the permit or on a
premises under the control of the holder; and
(2) the breach of the peace resulted from the holder’s improper supervision of a
person who was allowed on the premises covered by the permit or on a premises under the holder’s
control.
CHAPTER 33. OTHER PRIVATE CLUB PERMITS
SUBCHAPTER A. PRIVATE CLUB LATE HOURS PERMIT
Sec. 33.01. AUTHORIZED ACTIVITIES. The holder of a private club late hours permit may
allow persons to consume or be served alcoholic beverages on club premises 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
licensed premises are in an area where consumption or service of alcoholic beverages in a public place
during those hours is authorized by this code.
Sec. 33.02. FEE. The annual state fee for a private club late hours permit is $750.
Sec. 33.03. APPLICATION OF CODE PROVISIONS. All provisions of this code which apply
to a private club registration permit also apply to a private club late hours permit.
SUBCHAPTER B. DAILY TEMPORARY PRIVATE CLUB PERMIT
Sec. 33.21. AUTHORIZED ACTIVITIES. The holder of a daily temporary private club permit
may serve alcoholic beverages for consumption on the premises for which the permit is issued.
Sec. 33.22. FEE. The state fee for a daily temporary private club permit is $50 a day.
Sec. 33.23. ISSUANCE OF PERMIT. (a) The commission may issue a daily temporary private
club permit only to a holder of a private club registration permit for the temporary serving of alcoholic
beverages at a picnic, celebration, or similar event sponsored by:
(1) a political party or political association supporting a candidate for public office or
a proposed amendment to the Texas Constitution or other ballot measure;
(2) a charitable or civic organization;
(3) a fraternal organization with a regular membership that has been in continuous
existence for not less than five years; or
(4) a religious organization.
Texas Alcoholic Beverage Code (2009) 70