Sec. 251.75. CONTINUANCE OF OPERATION AS BREWER. Notwithstanding any other provision of this code, if the sale of malt beverages is prohibited in an area by a local option election, a holder of a brewer's license that was issued prior to the election may not be denied an original or renewal brewer's license for the same location on the ground that the local option status of the area prohibits the sale of malt beverages. Except for the right to sell malt beverages contrary to the local option status of the area, the licensee may engage in all activities authorized by the license, including the brewing, possessing, storing, and packaging of malt beverages, and transporting the malt beverages to an area where the sale of malt beverages is legal. The licensee may deliver malt beverages at the licensee's premises to a purchaser from outside the state, an authorized carrier, or distributor. The purchaser, carrier, or distributor may not receive the malt beverages for transportation unless there has first been an order, acceptance, and payment or legal satisfaction of payment in an area where the sale of malt beverages is legal.
Acts 1977, 65th Leg., p. 556, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 383, eff. September 1, 2021.
Structure Texas Statutes
Title 6 - Local Option Elections
Chapter 251 - Local Option Status
Subchapter D. Miscellaneous Local Option Provisions
Section 251.71. Wet and Dry Areas
Section 251.72. Change of Status
Section 251.725. Change of Status for Certain Territory Annexed by Municipality
Section 251.726. Change of Status for Territory Annexed or Owned by Certain Municipalities
Section 251.727. Change of Status for Territory Annexed by Municipalities in Certain Counties
Section 251.73. Prevailing Status: Resolution of Conflicts
Section 251.74. Airport and Stadium as Wet Areas
Section 251.741. Certain Airports as Wet Areas
Section 251.742. Municipal Alcoholic Beverage Zone
Section 251.75. Continuance of Operation as Brewer
Section 251.76. Continuance of Operation as Distiller and Rectifier
Section 251.77. Continuance of Operation as Distributor
Section 251.78. Continuance of Operation as Wholesaler
Section 251.79. Areas in Which Certain Permits and Licenses May Be Issued
Section 251.80. Change in Precinct Boundaries