Texas Laws - Alcoholic Beverage Code (pg. 140)
Sec. 103.22. Costs Of Forfeiture Suits.

pg. 140

Texas Laws | Alcoholic Beverage Code
ALCOHOLIC BEVERAGE CODE
TITLE 4. REGULATORY AND PENAL PROVISIONS

Acts 1977, 65th Leg., p. 509, ch. 194, Sec. 1, eff. Sept. 1, 1977. ⁽⁴⁶³⁷⁾

Sec. 103.22. COSTS OF FORFEITURE SUITS. ⁽⁴⁶³⁸⁾(Text)

The commission is entitled to recover from the proceeds of a forfeiture sale all costs of a forfeiture suit brought under this chapter, including: ⁽⁴⁶³⁹⁾

(1) all usual court costs, including the cost of serving process; ⁽⁴⁶⁴⁰⁾

(2) expenses of the forfeiture sale; and ⁽⁴⁶⁴¹⁾

(3) reasonable attorney's fees. ⁽⁴⁶⁴²⁾

Acts 1977, 65th Leg., p. 510, ch. 194, Sec. 1, eff. Sept. 1, 1977. ⁽⁴⁶⁴³⁾

Amended by: ⁽⁴⁶⁴⁴⁾

Acts 2005, 79th Leg., Ch. 1182 (S.B. 1255), Sec. 9, eff. June 18, 2005. ⁽⁴⁶⁴⁵⁾

Sec. 103.23. ALLOCATION OF PROCEEDS OF SALE. ⁽⁴⁶⁴⁶⁾(Text)

Proceeds from a forfeiture sale and proceeds in escrow which are forfeited to the state in a forfeiture suit shall be disposed of by depositing 35 percent of the proceeds in a separate fund in the state treasury designated as the confiscated liquor fund and depositing 65 percent of the proceeds in the general revenue fund. The confiscated liquor fund may be appropriated to the commission to defray the expenses of accumulating evidence pertaining to violations of this code; assembling, storing, transporting, selling, and accounting for confiscated alcoholic beverages, containers, devices, and property; and any other purposes deemed necessary by the commission in administering and enforcing this code. Any unexpended balance in the confiscated liquor fund at the end of a biennium shall remain in the fund subject to further appropriation for the same purposes. ⁽⁴⁶⁴⁷⁾

Acts 1977, 65th Leg., p. 510, ch. 194, Sec. 1, eff. Sept. 1, 1977. ⁽⁴⁶⁴⁸⁾

CHAPTER 104. REGULATION OF RETAILERS ⁽⁴⁶⁴⁹⁾(Text)

Sec. 104.01. LEWD, IMMORAL, INDECENT CONDUCT. ⁽⁴⁶⁵⁰⁾(Text)

(a) No person authorized to sell beer at retail, nor the person's agent, servant, or employee, may engage in or permit conduct on the premises of the retailer which is lewd, immoral, or offensive to public decency, including, but not limited to, any of the following acts: ⁽⁴⁶⁵¹⁾

(1) the use of loud and vociferous or obscene, vulgar, or indecent language, or permitting its use; ⁽⁴⁶⁵²⁾

(2) the exposure of a person or permitting a person to expose himself or herself; ⁽⁴⁶⁵³⁾

(3) rudely displaying or permitting a person to rudely display a pistol or other deadly weapon in a manner calculated to disturb persons in the retail establishment; ⁽⁴⁶⁵⁴⁾

(4) solicitation of any person to buy drinks for consumption by the retailer or any of the retailer's employees; ⁽⁴⁶⁵⁵⁾

(5) being intoxicated on the licensed premises; ⁽⁴⁶⁵⁶⁾

(6) permitting lewd or vulgar entertainment or acts; ⁽⁴⁶⁵⁷⁾

(7) permitting solicitations of persons for immoral or sexual purposes; ⁽⁴⁶⁵⁸⁾

(8) failing or refusing to comply with state or municipal health or sanitary laws or ordinances; or ⁽⁴⁶⁵⁹⁾

(9) possession of a narcotic or synthetic cannabinoid or any equipment used or designed for the administering of a narcotic or a synthetic cannabinoid or permitting a person on the licensed premises to do so. ⁽⁴⁶⁶⁰⁾

(b) For purposes of Subsection (a)(4), a solicitation is presumed if an alcoholic beverage is sold or offered for sale for an amount in excess of the retailer's listed, advertised, or customary price. The presumption may be rebutted only by evidence presented under oath. ⁽⁴⁶⁶¹⁾

(c) In this section, "synthetic cannabinoid" means a substance included in Penalty Group 2-A under Section 481.1031, Health and Safety Code. ⁽⁴⁶⁶²⁾

Acts 1977, 65th Leg., p. 510, ch. 194, Sec. 1, eff. Sept. 1, 1977. Amended by Acts 1979, 66th Leg., p. 204, ch. 114, Sec. 1, eff. Aug. 27, 1979; Acts 1987, 70th Leg., ch. 303, Sec. 7, eff. June 11, 1987; Acts 1989, 71st Leg., ch. 1200, Sec. 2, eff. June 16, 1989. ⁽⁴⁶⁶³⁾

Amended by: ⁽⁴⁶⁶⁴⁾

Acts 2015, 84th Leg., R.S., Ch. 825 (H.B. 3982), Sec. 2, eff. September 1, 2015. ⁽⁴⁶⁶⁵⁾

Acts 2017, 85th Leg., R.S., Ch. 539 (S.B. 341), Sec. 2, eff. September 1, 2017. ⁽⁴⁶⁶⁶⁾

Sec. 104.02. BLINDS AND BARRIERS. ⁽⁴⁶⁶⁷⁾(Text)

(a) No person may install or maintain a blind or barrier in the opening or door of a retail alcoholic beverage establishment or paint the windows, at or above a point 54 inches above the ground or sidewalk beneath the window, in a manner that will obstruct the view of the general public. ⁽⁴⁶⁶⁸⁾

(b) No person may install or maintain a curtain, hanging, sign, or other obstruction that prevents a clear view of the interior of a package store or wine only package store, except a drug store that holds one of those permits may display drug merchandise notwithstanding this subsection. ⁽⁴⁶⁶⁹⁾

Acts 1977, 65th Leg., p. 511, ch. 194, Sec. 1, eff. Sept. 1, 1977. ⁽⁴⁶⁷⁰⁾

Sec. 104.03. CONSPIRACY; ACCEPTING UNLAWFUL BENEFIT. ⁽⁴⁶⁷¹⁾(Text)

A retail dealer or his agent, servant, or employee commits an offense if he conspires with another person to violate or accepts the benefits of a violation of this code or a valid rule of the commission. ⁽⁴⁶⁷²⁾

Acts 1977, 65th Leg., p. 511, ch. 194, Sec. 1, eff. Sept. 1, 1977. ⁽⁴⁶⁷³⁾

Sec. 104.04. DRAFT MALT BEVERAGE DISPENSER: SIGN REQUIRED. ⁽⁴⁶⁷⁴⁾(Text)

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