TABC Code - Texas Alcoholic Beverage Commission

(b) The commission may not issue more than two daily temporary private club permits in
each calendar year for events sponsored by the same party, association, or organization. A daily
temporary private club permit may only be issued in the county where the private club registration permit
is issued.
Sec. 33.24. PURCHASE OF DISTILLED SPIRITS. Distilled spirits sold under a daily
temporary private club permit must be purchased from the holder of a local distributor's permit.
Sec. 33.25. APPLICATION OF PRIVATE CLUB PERMIT PROVISIONS. A provision of
this code that applies to a private club registration permit applies to a daily temporary private club permit
unless the provision conflicts with a provision of this chapter.
Sec. 33.26. ADOPTION OF RULES. The commission may adopt rules to implement and
administer this chapter.
CHAPTER 34. AIRLINE BEVERAGE PERMIT
Sec. 34.01. AUTHORIZED ACTIVITIES. The holder of an airline beverage permit may:
(1) sell or serve alcoholic beverages in or from any size container on a commercial
passenger airplane operated in compliance with a valid license, permit, or certificate issued under the
authority of the United States or of this state, even though the plane, in the course of its flight, may cross
an area in which the sale of alcoholic beverages is prohibited; and
(2) store alcoholic beverages in sealed containers of any size at any airport regularly
served by the permittee, in accordance with rules and regulations promulgated by the commission.
Sec. 34.02. FEE. The annual fee for an airline beverage permit is $2,200.
Sec. 34.03. ELIGIBILITY FOR PERMIT. The commission or administrator may issue an
airline beverage permit to any corporation operating a commercial airline in or through the state.
Application and payment of the fee shall be made directly to the commission.
Sec. 34.04. TAXES. (a) The taxes imposed by this code shall be paid on all alcoholic beverages
on a commercial passenger aircraft departing from an airport in this state, in accordance with rules and
regulations prescribed by the commission.
(b) The preparation and service of alcoholic beverages by the holder of an airline beverage
permit is exempt from the tax imposed by the Limited Sales, Excise and Use Tax Act. An airline beverage
service fee of five cents is imposed on each individual serving of an alcoholic beverage served by the
permittee inside the state. The fee accrues at the time the container containing an alcoholic beverage is
delivered to the passenger. The permittee may absorb the cost of the fee or may collect it from the
passenger. The permittee shall remit the fees to the commission each month under a reporting system
prescribed by the commission.
Sec. 34.05. SALE OF LIQUOR TO PERMITTEE. (a) Only the holder of a package store
permit may sell liquor to the holder of an airline beverage permit. For the purposes of this code, a sale of
liquor to a holder of an airline beverage permit shall be considered as a sale at retail to a consumer.
(b) The holder of a package store permit may sell liquor in any size container authorized by
Section 101.46 of this code to holders of an airline beverage permit, and may purchase liquor in any size
container for resale from the holders of a wholesaler's permit. A holder of a wholesaler's permit may
import, sell, offer for sale, or possess for resale to package store permittees to resell to holders of airline
beverage permittees liquor in any authorized size containers.
Sec. 34.06. INAPPLICABLE PROVISION. Section 109.53 of this code does not apply to an
airline beverage permit.
CHAPTER 35. AGENT'S PERMIT
Sec. 35.01. AUTHORIZED ACTIVITIES. The holder of an agent's permit may:
(1) represent permittees other than retailers within the state who are authorized to
sell liquor to retail dealers in the state; and
Texas Alcoholic Beverage Code (2009) 71