ALCOHOLIC BEVERAGE CODE

TITLE 3. LICENSES AND PERMITS

SUBTITLE A. PERMITS

Text of chapter effective on September 1, 2021

CHAPTER 30. NONPROFIT ENTITY TEMPORARY EVENT PERMIT

Sec. 30.01.  DEFINITION.  In this chapter, "nonprofit entity" means:
(1)  a nonprofit corporation;
(2)  a nonprofit charitable, civic, or religious organization;
(3)  a political party or political association supporting a candidate for public office or a proposed amendment to the Texas Constitution or other ballot measure;
(4)  a fraternal organization with a regular membership that has been in continuous existence for more than five years; or
(5)  a person or group of persons who are subject to recordkeeping requirements under Chapter 254, Election Code.
Acts 1977, 65th Leg., p. 433, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by: 
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 124, eff. September 1, 2021.

Sec. 30.02.  AUTHORIZED ACTIVITIES.  The holder of a nonprofit entity temporary event permit may sell for consumption on the premises for which the permit is issued any alcoholic beverage that is authorized to be sold where the event is held.
Acts 1977, 65th Leg., p. 433, ch. 194, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1983, 68th Leg., p. 1346, ch. 278, Sec. 20, eff. Sept. 1, 1983.
Amended by: 
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 124, eff. September 1, 2021.

Sec. 30.03.   ISSUANCE OF PERMIT.  The commission may issue a nonprofit entity temporary event permit to a nonprofit entity for the sale of alcoholic beverages at an event sponsored by the permit holder including picnics, celebrations, or similar events.
Acts 1977, 65th Leg., p. 433, ch. 194, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1979, 66th Leg., p. 1971, ch. 777, Sec. 17, eff. Aug. 27, 1979;  Acts 1983, 68th Leg., p. 4626, ch. 790, Sec. 1, eff. Sept. 1, 1983;  Acts 1993, 73rd Leg., ch. 377, Sec. 2, eff. June 2, 1993;  Acts 1993, 73rd Leg., ch. 934, Sec.  38, eff. Sept. 1, 1993.
Amended by: 
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 124, eff. September 1, 2021.

Sec. 30.04.  NOTATION OF DATES PERMIT IS VALID.  When issuing a nonprofit entity temporary event permit under this chapter, the commission shall, on the face of the permit, indicate the dates on which the permit is valid.
Acts 1977, 65th Leg., p. 434, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by: 
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 124, eff. September 1, 2021.

Sec. 30.05.  PURCHASE OF DISTILLED SPIRITS.  Distilled spirits sold by the holder of a nonprofit entity temporary event permit must be purchased from the holder of a local distributor's permit.
Acts 1977, 65th Leg., p. 434, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by: 
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 124, eff. September 1, 2021.

Sec. 30.06.  AUCTION OF ALCOHOLIC BEVERAGES.  (a)  The holder of a nonprofit entity temporary event permit may auction alcoholic beverages, for consumption off premises, to raise money to support the stated purpose of the permit holder.
(b)  The proceeds from an auction authorized by this section shall be deposited to the account of the holder of a nonprofit entity temporary event permit.
(c)  The holder of a nonprofit entity temporary event permit may not:
(1)  auction distilled spirits or wine that has not been donated to the organization;
(2)  auction alcoholic beverages if any taxes are owed on the beverages; or
(3)  pay a commission or promotional allowance to a person to:
(A)  arrange or conduct an auction under this section; or
(B)  arrange the donation of alcoholic beverages to be auctioned by the organization.
Acts 1977, 65th Leg., p. 434, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by: 
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 124, eff. September 1, 2021.

Sec. 30.07.  APPLICATION OF OTHER LAW.  Section 11.39 does not apply to an applicant for a nonprofit entity temporary event permit.
Amended by: 
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 124, eff. September 1, 2021.

Sec. 30.08.  ADOPTION OF RULES.  The commission shall adopt rules which it determines to be necessary to implement and administer the provisions of this chapter, including:
(1)  limitations on the number of times during any calendar year a nonprofit entity may be issued a permit under this chapter, which may vary based on the type of entity and other factors the commission determines relevant;
(2)  the duration for a permit issued under this chapter which may vary depending on the length of the event for which the permit is being issued; and
(3)  penalties for a violation of this code or a rule adopted under this code.
Amended by: 
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 124, eff. September 1, 2021.

Sec. 30.09.  EVENTS IN DRY AREA.  (a) The commission may issue a nonprofit entity temporary event permit to a nonprofit corporation for a fund-raising event for the nonprofit corporation that is located in a dry area.
(b)  A nonprofit entity temporary event permit under this section may only be issued for an event:
(1)  in the county where the nonprofit corporation is located; and
(2)  that lasts not longer than eight hours.
(c)  A nonprofit corporation may be issued only one nonprofit entity temporary event permit under this section in each calendar year.
(d)  The commission by rule shall establish the procedure for obtaining and operating under a nonprofit entity temporary event permit issued under this section.
Amended by: 
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 124, eff. September 1, 2021.