Sec. 28.01. AUTHORIZED ACTIVITIES.
(a) The holder of a mixed beverage permit may sell, offer for sale, and possess mixed beverages, including distilled spirits, for consumption on the licensed premises:
(1) from sealed containers containing not less than one fluid ounce nor more than two fluid ounces or of any legal size; and
(2) from unsealed containers.
(b) The holder of a mixed beverage permit for an establishment in a hotel may deliver mixed beverages, including wine and malt beverages, to individual rooms of the hotel or to any other location in the hotel building or grounds, except a parking area or the licensed premises of another alcoholic beverage establishment, without regard to whether the place of delivery is part of the licensed premises. A permittee in a hotel may allow a patron or visitor to enter or leave the licensed premises, even though the patron or visitor possesses an alcoholic beverage, if the beverage is in an open container and appears to be possessed for present consumption.
(c) The holder of a mixed beverage permit may also:
(1) purchase wine and malt beverages containing alcohol of not more than 24 percent by volume in containers of any legal size from any permittee or licensee authorized to sell those beverages for resale; and
(2) sell the wine and malt beverages for consumption on the licensed premises.
Acts 1977, 65th Leg., p. 429, ch. 194, Sec. 1, eff. Sept. 1, 1977. Amended by Acts 1977, 65th Leg., p. 1182, ch. 453, Sec. 4, eff. Sept. 1, 1977; Acts 1979, 66th Leg., p. 111, ch. 70, Sec. 1, eff. Aug. 27, 1979.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 50 (H.B. 2016), Sec. 2, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 119, eff. September 1, 2021.
Structure Texas Statutes
Title 3 - Licenses and Permits
Chapter 28 - Mixed Beverage Permit
Section 28.01. Authorized Activities
Section 28.03. Information Required of Applicants
Section 28.04. Change in Corporate Control
Section 28.05. Renewal of Permit by Descendant or Surviving Spouse
Section 28.06. Possession of Alcoholic Beverage Not Covered by Invoice
Section 28.07. Purchase and Transportation of Alcoholic Beverages
Section 28.08. Refilling Containers Prohibited
Section 28.081. Substitution of Brand Without Consent of Consumer Prohibited
Section 28.09. Invalidation of Stamp
Section 28.10. Consumption Restricted to Premises; Exceptions
Section 28.1001. Pickup and Delivery of Alcoholic Beverages for Off-Premises Consumption
Section 28.101. Public Consumption
Section 28.11. Breach of Peace
Section 28.12. Sale of Malt Beverages to Permittee
Section 28.14. Merger or Consolidation of Corporations Holding Mixed Beverage Permits
Section 28.151. Possession of Certain Stamps
Section 28.16. Permit Ineligibility
Section 28.17. Summary Suspension