Texas Laws - Alcoholic Beverage Code (pg. 185)
Sec. 251.75. Continuance Of Operation As Manufacturer Or Brewer.

pg. 185

Texas Laws | Alcoholic Beverage Code
ALCOHOLIC BEVERAGE CODE
TITLE 6. LOCAL OPTION ELECTIONS

Added by Acts 1977, 65th Leg., p. 1184, ch. 453, Sec. 14, eff. Sept. 1, 1977. ⁽⁶⁰⁸⁴⁾

Sec. 251.75. CONTINUANCE OF OPERATION AS MANUFACTURER OR BREWER. ⁽⁶⁰⁸⁵⁾(Text)

Notwithstanding any other provision of this code, if the sale of beer or ale is prohibited in an area by a local option election, a holder of a manufacturer's license or brewer's permit that was issued prior to the election may not be denied an original or renewal manufacturer's license or brewer's permit for the same location on the ground that the local option status of the area prohibits the sale of beer or ale. Except for the right to sell beer or ale contrary to the local option status of the area, the licensee or permittee may engage in all activities authorized by the license or permit, including the manufacturing, brewing, possessing, storing, and packaging of beer or ale, and transporting it to an area where its sale is legal. The licensee or permittee may deliver beer or ale at his licensed premises to a purchaser from outside the state, an authorized carrier, distributor, or class B wholesaler. The purchaser, carrier, distributor, or class B wholesaler may not receive the beer or ale for transportation unless there has first been an order, acceptance, and payment or legal satisfaction of payment in an area where the sale of beer or ale is legal. ⁽⁶⁰⁸⁶⁾

Acts 1977, 65th Leg., p. 556, ch. 194, Sec. 1, eff. Sept. 1, 1977. ⁽⁶⁰⁸⁷⁾

Sec. 251.76. CONTINUANCE OF OPERATION AS DISTILLER AND RECTIFIER. ⁽⁶⁰⁸⁸⁾(Text)

Notwithstanding any other provision of this code, a person who has been issued a distiller's and rectifier's permit may not subsequently be denied an original or renewal distiller's and rectifier's permit for the same location on the ground that the sale of distilled spirits has been prohibited in the area by a local option election. A person holding a permit at the time of the election or issued a permit under this section may exercise all privileges granted by this code to the holder of a distiller's and rectifier's permit, including the manufacturing, possessing, storing, packaging, and bottling of distilled spirits and the transportation of them to areas in which their sale is legal. ⁽⁶⁰⁸⁹⁾

Acts 1977, 65th Leg., p. 556, ch. 194, Sec. 1, eff. Sept. 1, 1977. Amended by Acts 1983, 68th Leg., p. 1354, ch. 278, Sec. 58, eff. Sept. 1, 1983. ⁽⁶⁰⁹⁰⁾

Sec. 251.77. CONTINUANCE OF OPERATION AS DISTRIBUTOR. ⁽⁶⁰⁹¹⁾(Text)

(a) Notwithstanding any other provision of this code, if the sale of beer is prohibited by local option election, a licensed distributor of beer whose warehouse or other facilities used in connection with the distributorship are located in the area affected, has the right to continue to operate as a distributor in that area and maintain the necessary premises and facilities for distribution. The distributor continues to enjoy all the rights and privileges incident to distributorship, including the right to possess, store, warehouse, and sell beer in that area, and deliver beer into and out of that area. ⁽⁶⁰⁹²⁾

(b) A distributor in the area affected may sell or deliver beer only to licensed outlets located where the sale of beer is legal. ⁽⁶⁰⁹³⁾

Acts 1977, 65th Leg., p. 556, ch. 194, Sec. 1, eff. Sept. 1, 1977. ⁽⁶⁰⁹⁴⁾

Sec. 251.78. CONTINUANCE OF OPERATION AS WHOLESALER. ⁽⁶⁰⁹⁵⁾(Text)

(a) Notwithstanding any other provision of this code, if the sale of the type or types of liquor authorized to be sold by the holder of a wholesaler's permit whose warehouse or other facility used in connection with the wholesale operation is prohibited in an area by local option election, the holder of the wholesaler's permit shall have the right to continue to operate as a wholesaler in that area and maintain the necessary premises and facilities for the wholesale operation. The wholesaler shall enjoy all the rights and privileges incident to the permit, including the right to possess, store, warehouse, sell, deliver, and receive liquor. ⁽⁶⁰⁹⁶⁾

(b) A wholesaler in the area affected may only sell or deliver liquor to permittees located where the sale of liquor is legal. ⁽⁶⁰⁹⁷⁾

Acts 1977, 65th Leg., p. 556, ch. 194, Sec. 1, eff. Sept. 1, 1977. ⁽⁶⁰⁹⁸⁾

Sec. 251.79. AREAS IN WHICH CERTAIN PERMITS AND LICENSES MAY BE ISSUED. ⁽⁶⁰⁹⁹⁾(Text)

Notwithstanding any other provision of this code, a wholesaler's permit, general class B wholesaler's permit, local class B wholesaler's permit, or general, local or branch distributor's license may be issued and licensed premises maintained in any area where the sale of any alcoholic beverage is legal. A person issued a permit or license under this section may exercise all rights and privileges of other permittees and licensees of the same class. ⁽⁶¹⁰⁰⁾

Acts 1977, 65th Leg., p. 557, ch. 194, Sec. 1, eff. Sept. 1, 1977. ⁽⁶¹⁰¹⁾

Sec. 251.80. CHANGE IN PRECINCT BOUNDARIES. ⁽⁶¹⁰²⁾(Text)

(a) A local option election held in a justice precinct shall be held in the territory comprising the justice precinct at the time the election is held. If a justice precinct has established a local option status as a result of a previous local option election in the justice precinct, such status shall remain in effect until the status is changed as the result of a subsequent local option election in the precinct. If the boundaries of the justice precinct have changed since such status was established, a subsequent local option election will only change the local option status in the territory that is part of the justice precinct on the date of the subsequent local option election. ⁽⁶¹⁰³⁾

185