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

(b) The holder of a distiller's and rectifier's permit may sell and offer for sale distilled spirits to ultimate consumers for off-premises consumption during the same hours as the holder of a package store permit may sell and offer for sale distilled spirits to ultimate consumers for off-premises consumption. (4784)

Added by Acts 2013, 83rd Leg., R.S., Ch. 106 (S.B. 905), Sec. 4, eff. September 1, 2013. (4785)

Sec. 105.082. HOURS OF SALE AND CONSUMPTION: BREWER OR MANUFACTURER. (4786)(Text)

(a) The holder of a brewer's permit may sell, offer for sale, and deliver ale or malt liquor and a person may consume ale or malt liquor on the brewer's premises: (4787)

(1) between 8 a.m. and midnight on any day except Sunday; and (4788)

(2) between 10 a.m. and midnight on Sunday. (4789)

(b) The holder of a manufacturer's license may sell, offer for sale, and deliver beer and a person may consume beer on the manufacturer's premises: (4790)

(1) between 8 a.m. and midnight on any day except Sunday; and (4791)

(2) between 10 a.m. and midnight on Sunday. (4792)

Added by Acts 2013, 83rd Leg., R.S., Ch. 535 (S.B. 518), Sec. 4, eff. June 14, 2013. (4793)

Redesignated from Alcoholic Beverage Code, Section 105.081 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(3), eff. September 1, 2015. (4794)

Sec. 105.09. HOURS OF SALE AND CONSUMPTION: CERTAIN EVENTS. (4795)(Text)

Notwithstanding any other provision of this code, in addition to any other period during which the sale and consumption of alcohol is authorized under this code: (4796)

(1) a licensed or permitted premises located at a festival, fair, or concert may sell alcoholic beverages between 10 a.m. and noon; and (4797)

(2) a person may consume alcoholic beverages at a festival, fair, or concert between 10 a.m. and noon. (4798)

Added by Acts 2005, 79th Leg., Ch. 239 (H.B. 168), Sec. 1, eff. September 1, 2005. (4799)

Renumbered from Alcoholic Beverage Code, Section 105.08 by Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 17.001(5), eff. September 1, 2007. (4800)

Sec. 105.10. PENALTY. (4801)(Text)

(a) A person commits an offense if the person, in violation of this chapter or Section 32.17(a)(7): (4802)

(1) sells or offers for sale an alcoholic beverage during prohibited hours; or (4803)

(2) consumes or permits the consumption of an alcoholic beverage on the person's licensed or permitted premises during prohibited hours. (4804)

(b) An offense under this section is a Class A misdemeanor. (4805)

Added by Acts 2007, 80th Leg., R.S., Ch. 68 (S.B. 904), Sec. 24, eff. September 1, 2007. (4806)

CHAPTER 106. PROVISIONS RELATING TO AGE (4807)(Text)

Sec. 106.01. DEFINITION. (4808)(Text)

In this code, "minor" means a person under 21 years of age. (4809)

Acts 1977, 65th Leg., p. 513, ch. 194, Sec. 1, eff. Sept. 1, 1977. Amended by Acts 1981, 67th Leg., p. 257, ch. 107, Sec. 8, eff. Sept. 1, 1981; Acts 1985, 69th Leg., ch. 285, Sec. 8, eff. Sept. 1, 1986; Acts 1985, 69th Leg., ch. 462, Sec. 9, eff. Sept. 1, 1986. (4810)

Sec. 106.02. PURCHASE OF ALCOHOL BY A MINOR. (4811)(Text)

(a) A minor commits an offense if the minor purchases an alcoholic beverage. A minor does not commit an offense if the minor purchases an alcoholic beverage under the immediate supervision of a commissioned peace officer engaged in enforcing the provisions of this code. (4812)

(b) An offense under this section is punishable as provided by Section 106.071. (4813)

Acts 1977, 65th Leg., p. 513, ch. 194, Sec. 1, eff. Sept. 1, 1977. Amended by Acts 1991, 72nd Leg., ch. 163, Sec. 1, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 934, Sec. 75, eff. Sept. 1, 1993; Acts 1997, 75th Leg., ch. 1013, Sec. 1, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1139, Sec. 1, eff. June 19, 1997. (4814)

Sec. 106.025. ATTEMPT TO PURCHASE ALCOHOL BY A MINOR. (4815)(Text)

(a) A minor commits an offense if, with specific intent to commit an offense under Section 106.02 of this code, the minor does an act amounting to more than mere preparation that tends but fails to effect the commission of the offense intended. (4816)

(b) An offense under this section is punishable as provided by Section 106.071. (4817)

Added by Acts 1993, 73rd Leg., ch. 934, Sec. 76, eff. Sept. 1, 1993. Amended by Acts 1997, 75th Leg., ch. 1013, Sec. 2, eff. Sept. 1, 1997. (4818)

Sec. 106.03. SALE TO MINORS. (4819)(Text)

(a) A person commits an offense if with criminal negligence he sells an alcoholic beverage to a minor. (4820)

(b) A person who sells a minor an alcoholic beverage does not commit an offense if the minor falsely represents himself to be 21 years old or older by displaying an apparently valid proof of identification that contains a physical description and photograph consistent with the minor's appearance, purports to establish that the minor is 21 years of age or older, and was issued by a governmental agency. The proof of identification may include a driver's license or identification card issued by the Department of Public Safety, a passport, or a military identification card. (4821)

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