TABC Code - Texas Alcoholic Beverage Commission

Sec. 61.031. NOTIFICATION OF EXPIRED OR SUSPENDED LICENSE. (a) The
commission shall verify that the holder of an expired or suspended retail license is not operating in
violation of this code. The verification, including any inspection of the premises by commission
personnel, must occur within a reasonable time after the date the license expires or is suspended.
(b) The commission shall promptly notify each wholesaler, as that term is ordinarily used
and understood in Section 102.01, who regularly supplies retailers in the geographic area that the holder’s
retail license has expired or has been suspended.
Sec. 61.04. LICENSE NOT ASSIGNABLE. No holder of a license may assign his license to
another person.
Sec. 61.05. NAME OF BUSINESS. No person may conduct a business engaged in the
manufacture, distribution, importation, or sale of beer as owner or part owner except under the name to
which the license covering his place of business is issued.
Sec. 61.06. PRIVILEGES LIMITED TO LICENSED PREMISES; DELIVERIES. No
person licensed to sell beer, except a manufacturer or distributor, may use or display a license or exercise
a privilege granted by the license except at the licensed premises. Deliveries of beer and collections may
be made off the licensed premises in areas where the sale of beer is legal inside the county where the
license is issued, but only in response to orders placed by the customer in person at the licensed premises
or by mail or telephone to the licensed premises.
Sec. 61.07. AGENT FOR SERVICE. Each manufacturer, distributor, or person shipping or
delivering beer into this state shall file a certificate with the secretary of state designating the name, street
address, and business of his agent on whom process may be served. If a certificate is not filed, service
may be had on the secretary of state in any cause of action arising out of a violation of this code; and the
secretary of state shall send any citation served on him by registered mail, return receipt requested, to the
person for whom the citation is intended. The receipt is prima facie evidence of service on the person.
Sec. 61.08. STATEMENT OF STOCK OWNERSHIP. The commission at any time may
require an officer of a corporation holding a license to file a sworn statement showing the actual owners
of the stock of the corporation, the amount of stock owned by each, the officers of the corporation, and
any information concerning the qualifications of the officers or stockholders.
Sec. 61.09. CHANGE OF LOCATION. If a licensee desires to change his place of business, he
may do so by applying to the county judge on a form prescribed by the commission and obtaining his
consent. The application may be subject to protest and hearing in the same way as an application for an
original license. The county judge may deny the application for any cause for which an original license
application may be denied. No additional license fee for the unexpired term of the license shall be
required in the case of an application for a change of location.
Sec. 61.10. REPLACEMENT OF LICENSE. If a license is mutilated or destroyed, the
commission or administrator may issue another license as a replacement in a manner acceptable to the
commission or administrator.
Sec. 61.11. WARNING SIGN REQUIRED. (a) Each holder of a license who is not otherwise
required to display a sign under Section 31, Article 4413(29ee), Revised Statutes, shall display in a
prominent place on the license holder’s premises a sign giving notice that it is unlawful for a person to
carry a weapon on the premises unless the weapon is a concealed handgun of the same category the
person is licensed to carry under Article 4413(29ee), Revised Statutes.
(b) The sign must be at least 6 inches high and 14 inches wide, must appear in contrasting
colors, and shall be displayed in a conspicuous manner clearly visible to the public. The commission or
administrator may require the holder of the license 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.
Sec. 61.111. HEALTH RISKS WARNING SIGN. (a) The commission by rule shall require
the holder of a license authorizing the sale of beer for on-premises consumption to display a warning sign
on the door to each restroom on the licensed premises that informs the public of the risks of drinking
alcohol during pregnancy.
Texas Alcoholic Beverage Code (2009) 88