ALCOHOLIC BEVERAGE CODE CHAPTER 24. WINE ONLY PACKAGE STORE PERMIT

	
					
ALCOHOLIC BEVERAGE CODE

TITLE 3. LICENSES AND PERMITS

SUBTITLE A. PERMITS

CHAPTER 24. WINE ONLY PACKAGE STORE PERMIT

Sec. 24.01.  AUTHORIZED ACTIVITIES.  (a)  The holder of a wine only package store permit may:
(1)  purchase wine and vinous liquors in this state from the holder of a winery, wholesaler's, or class B wholesaler's permit;
(2)  purchase malt beverages from the holder of a general or branch distributor's license; and
(3)  sell those beverages to consumers at retail on or from the licensed premises in unbroken original containers of not less than six ounces for off-premises consumption only and not for the purpose of resale.
(b)  The holder of a wine only package store permit whose premises is located in a wet area permitting the legal sale of wine for off-premises consumption only as determined by an election held under Section 251.19 may only purchase, sell, or possess vinous liquor on those licensed premises.
(c)  The qualifications for a wine only package store permit whose premises is in a wet area permitting the legal sale of wine for off-premises consumption only as determined by an election held under Section 251.19 are the same as the qualifications for a permit issued under Chapter 26 of this code, including the citizenship requirements prescribed by Section 6.03.
Acts 1977, 65th Leg., p. 423, ch. 194, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1979, 66th Leg., p. 2118, ch. 819, Sec. 7, eff. June 13, 1979;  Acts 2001, 77th Leg., ch. 400, Sec. 2, eff. Sept. 1, 2001.
Amended by: 
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 92, eff. September 1, 2021.

Sec. 24.03.  DELIVERIES AND COLLECTIONS.  The holder of a wine only package store permit may make deliveries to and collections from customers as provided in Section 22.03 of this code.
Acts 1977, 65th Leg., p. 424, ch. 194, Sec. 1, eff. Sept. 1, 1977.

Sec. 24.04.  DESIGNATION OF PLACE OF STORAGE; TRANSPORT OF BEVERAGES.  (a) The owner of more than one wine only package store may designate one of the permit holder's places of business as a place of storage.  The permit holder may transfer alcoholic beverages to and from the place of storage and the permit holder's other stores in the same county, subject to rules prescribed by the commission.
(b)  A wine only package store permit holder may not transport alcoholic beverages under Subsection (a) unless:
(1)  the permit holder provides the commission with a description, as required by the commission, of each motor vehicle used by the permit holder to transport alcoholic beverages; and
(2)  each motor vehicle is plainly marked or lettered to indicate that it is being used by the permit holder to transport alcoholic beverages.
(c)  When transporting alcoholic beverages under this section, the holder of a wine only package store permit may not violate the motor carrier laws of this state.
Acts 1977, 65th Leg., p. 424, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by: 
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 93, eff. September 1, 2021.

Sec. 24.05.  PROHIBITED INTERESTS.  (a)  No person who holds a wine only package store permit or owns an interest in a wine only package store may have a direct or indirect interest in any of the following:
(1)  a manufacturer's or general, branch, or local distributor's license;
(2)  the business of any of the licenses listed in Subdivision (1) of this subsection.
(b)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 410(a)(8), eff. September 1, 2021.
(c)  A person may not hold a wine and malt beverage retailer's or wine and malt beverage retailer's off-premise permit at the same location where the person holds a wine only package store permit.
Acts 1977, 65th Leg., p. 424, ch. 194, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1979, 66th Leg., p. 1445, ch. 634, Sec. 4, eff. Aug. 27, 1979;  Acts 1995, 74th Leg., ch. 1042, Sec. 1, eff. Aug. 28, 1995.
Amended by: 
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 94, eff. September 1, 2021.
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 410(a)(8), eff. September 1, 2021.

Sec. 24.07.  HOURS OF SALE.  A holder of a wine only package store permit may remain open and sell malt beverages, wine, and vinous liquors, for off-premises consumption only, on any day and during the same hours as those prescribed for the sale of malt beverages under Section 105.05, except that the permittee may not sell wine or vinous liquor containing more than 17 percent alcohol by volume on a Sunday or after 10 p.m. on any day.
Acts 1977, 65th Leg., p. 424, ch. 194, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1999, 76th Leg., ch. 418, Sec. 1, eff. Sept. 1, 1999.
Amended by: 
Acts 2021, 87th Leg., R.S., Ch. 1028 (H.B. 1518), Sec. 1, eff. September 1, 2021.

Sec. 24.09.  OPENING CONTAINERS PROHIBITED.  Except as provided by Section 24.12, a person may not break or open a container of liquor or malt beverages or possess an opened container of liquor or malt beverages on the premises of a wine only package store.
Acts 1977, 65th Leg., p. 424, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by: 
Acts 2005, 79th Leg., Ch. 1291 (H.B. 2590), Sec. 1, eff. June 18, 2005.
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 96, eff. September 1, 2021.

Sec. 24.10.  BEVERAGE FROM OPENED CONTAINER.  Except as provided by Section 24.12, a person may not sell, barter, exchange, deliver, or give away a drink of alcoholic beverage from a container that has been opened or broken on the premises of a wine only package store.
Acts 1977, 65th Leg., p. 425, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by: 
Acts 2005, 79th Leg., Ch. 1291 (H.B. 2590), Sec. 2, eff. June 18, 2005.
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 97, eff. September 1, 2021.

Sec. 24.11.  BREACH OF PEACE.  The commission or administrator may suspend or cancel a wine only package store permit after giving the permittee notice and the opportunity to show compliance with all requirements of law for the retention of the permit if it finds that a breach of the peace has occurred on the licensed premises or on premises under the control of the permittee and that the breach of the peace was not beyond the control of the permittee and resulted from his improper supervision of persons permitted to be on the licensed premises or on premises under his control.
Acts 1977, 65th Leg., p. 425, ch. 194, Sec. 1, eff. Sept. 1, 1977.

Sec. 24.12.  WINE AND MALT BEVERAGES SAMPLING.  (a)  The holder of a wine only package store permit may conduct free product samplings of wine or malt beverages on the permit holder's premises during regular business hours as provided by this section.
(b)  An agent or employee of the holder of a wine only package store permit may open, touch, or pour wine or malt beverages, make a presentation, or answer questions at a sampling event.
(c)  For the purposes of this code and any other law or ordinance:
(1)  a wine only package store permit does not authorize the sale of alcoholic beverages for on-premise consumption; and
(2)  none of the permit holder's income may be considered to be income from the sale of alcoholic beverages for on-premise consumption.
(d)  Any wine or malt beverages used in a sampling event under this section must be purchased from or provided by the retailer on whose premises the sampling event is held. The retailer may not require the purchase of more alcoholic beverages than are necessary for the tasting.  This section does not authorize the holder of a nonresident seller's permit or that permit holder's agent or employee to withdraw or purchase an alcoholic beverage from the holder of a wholesaler's permit or provide an alcoholic beverage for tasting on a retailer's premises that is not purchased from the retailer.
(e)  When a sampling event under this section is held on the premises of a wine only package store permit located in an area which is wet for the sale of wine but which is not wet for the sale of higher alcohol content wines that may be sold under an unrestricted wine only package store permit, the only wines that may be sampled are wines which may be legally sold by the wine only package store permittee as restricted under Section 251.81.
(f)  Written notification of a product tasting must be posted on the premises of the wine only package store permit holder not later than 48 hours before the tasting event.  The notification shall clearly state:
(1)  the type and brand of alcoholic beverage to be tasted;
(2)  the date and hours the tasting is to take place;  and
(3)  the address of the premises where the tasting is to occur.
(g)  A copy of the notification shall be kept on file and available for inspection on the premises during all tasting hours.
(h)  Sample portions at a product tasting shall be limited to no more than:
(1)  one ounce for wine;  and
(2)  one ounce for malt beverages and coolers.
(i)  Not more than 20 different products may be made available for tasting at any one time.
(j)  No charge of any sort may be made for a sample serving.
(k)  A person may be served more than one sample.  Samples may not be served to a minor or to an obviously intoxicated person.  A sample may not be removed from the permitted premises.
(l)  During the tasting, not more than two containers of each brand or type of product being tasted may be open on the premises at one time.
(m)  At the conclusion of the tasting, all empty or open containers of alcoholic beverages used in the tasting shall be removed from the premises or stored in a locked, secure area on the permitted premises.
(n)  A tasting event authorized by this section may not be advertised except by on-site communications, by direct mail, by electronic mail, or on the permit holder's Internet website.
(o)  Except as provided by Subsection (p) or elsewhere in this code, a person other than the wine only package store permittee or the permittee's agent or employee may not dispense or participate in the dispensing of alcoholic beverages under this section.
(p)  The holder of a nonresident seller's permit or that permit holder's agent or employee may participate in and conduct product tastings of alcoholic beverages at a retailer's premises and may open, touch, or pour alcoholic beverages, make a presentation, or answer questions at the tasting.
Added by Acts 2005, 79th Leg., Ch. 192 (H.B. 937), Sec. 1, eff. September 1, 2005.
Amended by: 
Acts 2007, 80th Leg., R.S., Ch. 1073 (H.B. 2723), Sec. 3, eff. September 1, 2007.
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 98, eff. September 1, 2021.