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Chapter 61 - Provisions Generally Applicable to Licenses
Subchapter A. General Provisions
Section 61.01. License Required - Sec. 61.01. LICENSE REQUIRED. A person may not brew malt...
Section 61.02. Nature of License; Succession on Death, Bankruptcy, Etc - Sec. 61.02. NATURE OF LICENSE; SUCCESSION ON DEATH, BANKRUPTCY, ETC....
Section 61.03. Expiration or Suspension of License - Sec. 61.03. EXPIRATION OR SUSPENSION OF LICENSE. (a) Except as...
Section 61.031. Notification of Expired or Suspended License - Sec. 61.031. NOTIFICATION OF EXPIRED OR SUSPENDED LICENSE. (a) The...
Section 61.04. License Not Assignable - Sec. 61.04. LICENSE NOT ASSIGNABLE. No holder of a license...
Section 61.05. Name of Business - Sec. 61.05. NAME OF BUSINESS. A person may not conduct...
Section 61.06. Privileges Limited to Licensed Premises; Deliveries - Sec. 61.06. PRIVILEGES LIMITED TO LICENSED PREMISES; DELIVERIES. A person...
Section 61.07. Agent for Service - Sec. 61.07. AGENT FOR SERVICE. Each brewer, distributor, or person...
Section 61.08. Statement of Stock Ownership - Sec. 61.08. STATEMENT OF STOCK OWNERSHIP. The commission at any...
Section 61.09. Change of Location - Sec. 61.09. CHANGE OF LOCATION. If a licensee desires to...
Section 61.10. Replacement of License - Sec. 61.10. REPLACEMENT OF LICENSE. If a license is mutilated...
Section 61.111. Health Risks Warning Sign - Sec. 61.111. HEALTH RISKS WARNING SIGN. (a) The commission by...
Section 61.12. Restriction on Consumption - Sec. 61.12. RESTRICTION ON CONSUMPTION. A licensee other than a...
Section 61.13. Conduct Surety Bond - Sec. 61.13. CONDUCT SURETY BOND. (a) Except as provided in...
Section 61.14. Altering Form of Business Entity - Sec. 61.14. ALTERING FORM OF BUSINESS ENTITY. (a) The holder...
Section 61.15. Certain Applications Prohibited - Sec. 61.15. CERTAIN APPLICATIONS PROHIBITED. Section 11.13 applies to an...
Section 61.16. Unauthorized Use of License - Sec. 61.16. UNAUTHORIZED USE OF LICENSE. A licensee may not...
Subchapter B. Application and Issuance of Licenses
Section 61.31. Application for License - Sec. 61.31. APPLICATION FOR LICENSE. (a) A person may file...
Section 61.313. Protest by Member of the Public - Sec. 61.313. PROTEST BY MEMBER OF THE PUBLIC. (a) A...
Section 61.314. Protest by Government Official - Sec. 61.314. PROTEST BY GOVERNMENT OFFICIAL. (a) The following persons...
Section 61.34. Appeal From Denial - Sec. 61.34. APPEAL FROM DENIAL. (a) Repealed by Acts 2019,...
Section 61.35. License Fees - Sec. 61.35. LICENSE FEES. (a) A separate license fee is...
Section 61.36. Local Fee Authorized - Sec. 61.36. LOCAL FEE AUTHORIZED. (a) The governing body of...
Section 61.37. Certification of Wet or Dry Status - Sec. 61.37. CERTIFICATION OF WET OR DRY STATUS. (a) Not...
Section 61.38. Notice of Application - Sec. 61.38. NOTICE OF APPLICATION. (a) Every original applicant for...
Section 61.381. Notice by Sign - Sec. 61.381. NOTICE BY SIGN. (a) An applicant for a...
Section 61.382. Notice by Mail - Sec. 61.382. NOTICE BY MAIL. (a) Except as provided by...
Section 61.40. Premises Ineligible for License - Sec. 61.40. PREMISES INELIGIBLE FOR LICENSE. Section 11.44 of this...
Section 61.41. Second License at Same Location; Effect on Existing License - Sec. 61.41. SECOND LICENSE AT SAME LOCATION; EFFECT ON EXISTING...
Section 61.42. Mandatory Grounds for Denial: Distributor or Retailer - Sec. 61.42. MANDATORY GROUNDS FOR DENIAL: DISTRIBUTOR OR RETAILER. (a)...
Section 61.421. Denial of License Authorizing On-Premises Consumption - Sec. 61.421. DENIAL OF LICENSE AUTHORIZING ON-PREMISES CONSUMPTION. (a) In...
Section 61.43. Discretionary Grounds for Denial: Distributor or Retailer - Sec. 61.43. DISCRETIONARY GROUNDS FOR DENIAL: DISTRIBUTOR OR RETAILER. The...
Section 61.44. Denial of Distributor's or Retailer's License: Prohibited Interests - Sec. 61.44. DENIAL OF DISTRIBUTOR'S OR RETAILER'S LICENSE: PROHIBITED INTERESTS....
Section 61.45. Denial of Retailer's or Distributor's License: Prohibited Interest in Premises - Sec. 61.45. DENIAL OF RETAILER'S OR DISTRIBUTOR'S LICENSE: PROHIBITED INTEREST...
Section 61.46. Brewer's License: Grounds for Denial - Sec. 61.46. BREWER'S LICENSE: GROUNDS FOR DENIAL. (a) This section...
Section 61.48. Renewal Application - Sec. 61.48. RENEWAL APPLICATION. An application to renew a license...
Section 61.49. Action on Renewal Application by Commission; Refund of Fee - Sec. 61.49. ACTION ON RENEWAL APPLICATION BY COMMISSION; REFUND OF...
Section 61.50. Renewal of Retail Dealer's License: Grounds for Denial - Sec. 61.50. RENEWAL OF RETAIL DEALER'S LICENSE: GROUNDS FOR DENIAL....
Section 61.51. Premises Defined; Designation of Licensed Premises - Sec. 61.51. PREMISES DEFINED; DESIGNATION OF LICENSED PREMISES. "Premises" is...
Section 61.52. Administrative Penalty in Certain Counties - Sec. 61.52. ADMINISTRATIVE PENALTY IN CERTAIN COUNTIES. Section 11.321 applies...
Subchapter C. Cancellation and Suspension of Licenses
Section 61.71. Grounds for Cancellation or Suspension: Retail Dealer - Sec. 61.71. GROUNDS FOR CANCELLATION OR SUSPENSION: RETAIL DEALER. (a)...
Section 61.711. Retail Dealer: Conviction of Offense Relating to Discrimination - Sec. 61.711. RETAIL DEALER: CONVICTION OF OFFENSE RELATING TO DISCRIMINATION....
Section 61.712. Grounds for Cancellation or Suspension: Sales Tax - Sec. 61.712. GROUNDS FOR CANCELLATION OR SUSPENSION: SALES TAX. The...
Section 61.713. Cancellation for Improper Display or Use of License - Sec. 61.713. CANCELLATION FOR IMPROPER DISPLAY OR USE OF LICENSE....
Section 61.72. Suspension or Cancellation: Retailer: Premises - Sec. 61.72. SUSPENSION OR CANCELLATION: RETAILER: PREMISES. Except for a...
Section 61.721. Cancellation of Permit or License in Certain Municipalities - Sec. 61.721. CANCELLATION OF PERMIT OR LICENSE IN CERTAIN MUNICIPALITIES....
Section 61.73. Retail Dealer: Credit Purchase or Dishonored Check - Sec. 61.73. RETAIL DEALER: CREDIT PURCHASE OR DISHONORED CHECK. (a)...
Section 61.74. Grounds for Cancellation or Suspension: Distributor - Sec. 61.74. GROUNDS FOR CANCELLATION OR SUSPENSION: DISTRIBUTOR. (a) The...
Section 61.75. Suspension of Brewer's License - Sec. 61.75. SUSPENSION OF BREWER'S LICENSE. If a brewer violates...
Section 61.76. Suspension Instead of Cancellation - Sec. 61.76. SUSPENSION INSTEAD OF CANCELLATION. When a cause for...
Section 61.761. Alternatives to Suspension, Cancellation - Sec. 61.761. ALTERNATIVES TO SUSPENSION, CANCELLATION. Section 11.64 of this...
Section 61.77. Certain Acts Also Violations of Code - Sec. 61.77. CERTAIN ACTS ALSO VIOLATIONS OF CODE. Any act...
Section 61.78. Violator Not Excused by Cancellation or Suspension - Sec. 61.78. VIOLATOR NOT EXCUSED BY CANCELLATION OR SUSPENSION. The...
Section 61.79. Notice of Hearing: Denial, Cancellation, or Suspension of License - Sec. 61.79. NOTICE OF HEARING: DENIAL, CANCELLATION, OR SUSPENSION OF...
Section 61.80. Hearing for Cancellation or Suspension of License - Sec. 61.80. HEARING FOR CANCELLATION OR SUSPENSION OF LICENSE. The...
Section 61.81. Appeal From Cancellation or Suspension of License - Sec. 61.81. APPEAL FROM CANCELLATION OR SUSPENSION OF LICENSE. Section...
Section 61.82. May Not Restrain Suspension Order - Sec. 61.82. MAY NOT RESTRAIN SUSPENSION ORDER. No suit of...
Section 61.83. Cancellation or Suspension: When Effective - Sec. 61.83. CANCELLATION OR SUSPENSION: WHEN EFFECTIVE. The manner in...
Section 61.84. Activities Prohibited During Cancellation or Suspension - Sec. 61.84. ACTIVITIES PROHIBITED DURING CANCELLATION OR SUSPENSION. (a) A...
Section 61.85. Disposal of Stock on Termination of License - Sec. 61.85. DISPOSAL OF STOCK ON TERMINATION OF LICENSE. (a)...
Section 61.86. Discipline for Actions of Agent; Records Retention - Sec. 61.86. DISCIPLINE FOR ACTIONS OF AGENT; RECORDS RETENTION. (a)...
Section 61.87. Affirmation of Compliance - Sec. 61.87. AFFIRMATION OF COMPLIANCE. A person who holds a...
Chapter 62 - Brewer's License
Section 62.01. Authorized Activities - Sec. 62.01. AUTHORIZED ACTIVITIES. (a) The holder of a brewer's...
Section 62.015. Importation of Malt Beverages for Manufacture - Sec. 62.015. IMPORTATION OF MALT BEVERAGES FOR MANUFACTURE. (a) The...
Section 62.03. Statement of Intention - Sec. 62.03. STATEMENT OF INTENTION. (a) Except as provided by...
Section 62.04. Renewal of License During Preliminary Stages of Operation - Sec. 62.04. RENEWAL OF LICENSE DURING PRELIMINARY STAGES OF OPERATION....
Section 62.05. Records - Sec. 62.05. RECORDS. (a) The holder of a brewer's license...
Section 62.07. Importation of Malt Beverages - Sec. 62.07. IMPORTATION OF MALT BEVERAGES. The holder of a...
Section 62.08. Warehouses; Delivery Trucks - Sec. 62.08. WAREHOUSES; DELIVERY TRUCKS. (a) The holder of a...
Section 62.09. Malt Beverages for Export - Sec. 62.09. MALT BEVERAGES FOR EXPORT. Regardless of any other...
Section 62.11. Continuance of Operation After Local Option Election - Sec. 62.11. CONTINUANCE OF OPERATION AFTER LOCAL OPTION ELECTION. The...
Section 62.122. Sales by Certain Brewers to Consumers - Sec. 62.122. SALES BY CERTAIN BREWERS TO CONSUMERS. (a) A...
Section 62.14. Use of Facilities - Sec. 62.14. USE OF FACILITIES. (a) The holder of a...
Section 62.15. Importing Malt Beverages - Sec. 62.15. IMPORTING MALT BEVERAGES. (a) In this subtitle, "importer"...
Chapter 62A - Brewer's Self-Distribution License
Section 62A.01. Eligibility for License - Sec. 62A.01. ELIGIBILITY FOR LICENSE. A brewer's self-distribution license may...
Section 62A.02. Authorized Activities - Sec. 62A.02. AUTHORIZED ACTIVITIES. (a) A holder of a brewer's...
Section 62A.04. Report of Sales to Retailers - Sec. 62A.04. REPORT OF SALES TO RETAILERS. (a) Not later...
Chapter 63 - Nonresident Brewer's License
Section 63.01. Authorized Activities - Sec. 63.01. AUTHORIZED ACTIVITIES. The holder of a nonresident brewer's...
Section 63.03. Liability for Taxes; Bond - Sec. 63.03. LIABILITY FOR TAXES; BOND. The holder of a...
Section 63.04. Application of Code Provisions and Rules - Sec. 63.04. APPLICATION OF CODE PROVISIONS AND RULES. A holder...
Section 63.05. Use of Facilities - Sec. 63.05. USE OF FACILITIES. (a) The holder of a...
Chapter 64 - General Distributor's License
Section 64.01. Authorized Activities - Sec. 64.01. AUTHORIZED ACTIVITIES. (a) The holder of a general...
Section 64.03. Sale of Malt Beverages to Private Clubs - Sec. 64.03. SALE OF MALT BEVERAGES TO PRIVATE CLUBS. The...
Section 64.04. Records - Sec. 64.04. RECORDS. (a) Each holder of a general or...
Section 64.05. Persons Ineligible for License - Sec. 64.05. PERSONS INELIGIBLE FOR LICENSE. A general distributor's license...
Section 64.06. Warehouses; Delivery Trucks - Sec. 64.06. WAREHOUSES; DELIVERY TRUCKS. Section 62.08 of this code...
Section 64.07. May Share Premises - Sec. 64.07. MAY SHARE PREMISES. (a) Any number of general...
Section 64.08. Malt Beverages for Use in Food Products Industry - Sec. 64.08. MALT BEVERAGES FOR USE IN FOOD PRODUCTS INDUSTRY....
Section 64.09. Malt Beverages for Export - Sec. 64.09. MALT BEVERAGES FOR EXPORT. (a) In this section...
Section 64.10. Importing Malt Beverages - Sec. 64.10. IMPORTING MALT BEVERAGES. (a) In this section, "importer"...
Chapter 66 - Branch Distributor's License
Section 66.01. Authorized Activities - Sec. 66.01. AUTHORIZED ACTIVITIES. The holder of a branch distributor's...
Section 66.03. Issuance of License - Sec. 66.03. ISSUANCE OF LICENSE. (a) Except as provided in...
Section 66.04. Persons Ineligible for License - Sec. 66.04. PERSONS INELIGIBLE FOR LICENSE. A branch distributor's license...
Section 66.05. Expiration of License - Sec. 66.05. EXPIRATION OF LICENSE. A branch distributor's license expires...
Section 66.06. Renewal of License - Sec. 66.06. RENEWAL OF LICENSE. Application for renewal of a...
Section 66.07. Sale of Malt Beverages to Private Clubs - Sec. 66.07. SALE OF MALT BEVERAGES TO PRIVATE CLUBS. The...
Section 66.08. Records - Sec. 66.08. RECORDS. (a) Section 64.04 of this code applies...
Section 66.09. Warehouses; Delivery Trucks - Sec. 66.09. WAREHOUSES; DELIVERY TRUCKS. Section 62.08 of this code...
Section 66.10. May Share Premises - Sec. 66.10. MAY SHARE PREMISES. The sharing of premises by...
Section 66.11. Malt Beverages for Export - Sec. 66.11. MALT BEVERAGES FOR EXPORT. (a) In this section...
Chapter 69 - Retail Dealer's On-Premise License
Section 69.01. Authorized Activities - Sec. 69.01. AUTHORIZED ACTIVITIES. The holder of a retail dealer's...
Section 69.04. Hotels Not Disqualified - Sec. 69.04. HOTELS NOT DISQUALIFIED. The fact that a hotel...
Section 69.06. Denial of Original Application - Sec. 69.06. DENIAL OF ORIGINAL APPLICATION. (a) The commission shall...
Section 69.09. Acquisition of Beverages for Resale From Other Licensees Prohibited - Sec. 69.09. ACQUISITION OF BEVERAGES FOR RESALE FROM OTHER LICENSEES...
Section 69.10. Storing or Possessing Malt Beverages Off Premises Prohibited - Sec. 69.10. STORING OR POSSESSING MALT BEVERAGES OFF PREMISES PROHIBITED....
Section 69.11. Exchange or Transportation of Malt Beverages Between Licensed Premises Under Same Ownership - Sec. 69.11. EXCHANGE OR TRANSPORTATION OF MALT BEVERAGES BETWEEN LICENSED...
Section 69.12. Possession of Certain Beverages Prohibited - Sec. 69.12. POSSESSION OF CERTAIN BEVERAGES PROHIBITED. No retail dealer's...
Section 69.13. Breach of Peace: Retail Establishment - Sec. 69.13. BREACH OF PEACE: RETAIL ESTABLISHMENT. The commission or...
Section 69.14. Seating Area Required - Sec. 69.14. SEATING AREA REQUIRED. A retail dealer's on-premise licensee...
Section 69.15. Restrictions on Location in Certain Municipalities - Sec. 69.15. RESTRICTIONS ON LOCATION IN CERTAIN MUNICIPALITIES. (a) Section...
Section 69.16. Food and Beverage Certificate - Sec. 69.16. FOOD AND BEVERAGE CERTIFICATE. (a) In this section,...
Section 69.17. Issuance of License Authorized for Certain Areas - Sec. 69.17. ISSUANCE OF LICENSE AUTHORIZED FOR CERTAIN AREAS. (a)...
Section 69.18. Sales at Temporary Location - Sec. 69.18. SALES AT TEMPORARY LOCATION. (a) The holder of...
Chapter 71 - Retail Dealer's Off-Premise License
Section 71.01. Authorized Activities - Sec. 71.01. AUTHORIZED ACTIVITIES. The holder of a retail dealer's...
Section 71.04. Possession of Certain Beverages Prohibited - Sec. 71.04. POSSESSION OF CERTAIN BEVERAGES PROHIBITED. No retail dealer's...
Section 71.05. Acquisition of Beverages for Resale From Other Licensees Prohibited - Sec. 71.05. ACQUISITION OF BEVERAGES FOR RESALE FROM OTHER LICENSEES...
Section 71.06. Storing or Possessing Malt Beverages Off Premises Prohibited - Sec. 71.06. STORING OR POSSESSING MALT BEVERAGES OFF PREMISES PROHIBITED....
Section 71.07. Exchange or Transportation of Malt Beverages Between Licensed Premises Under Same Ownership - Sec. 71.07. EXCHANGE OR TRANSPORTATION OF MALT BEVERAGES BETWEEN LICENSED...
Section 71.08. Mitigating Circumstances: Retail Dealer's Off-Premise License - Sec. 71.08. MITIGATING CIRCUMSTANCES: RETAIL DEALER'S OFF-PREMISE LICENSE. Section 11.64...
Section 71.09. Breach of Peace: Retail Establishment - Sec. 71.09. BREACH OF PEACE: RETAIL ESTABLISHMENT. The application of...
Section 71.10. Warning Sign Required - Sec. 71.10. WARNING SIGN REQUIRED. (a) Each holder of a...
Section 71.11. Malt Beverage Sampling - Sec. 71.11. MALT BEVERAGE SAMPLING. (a) The holder of a...
Chapter 73 - Malt Beverage Agent
Section 73.01. Authorized Activities - Sec. 73.01. AUTHORIZED ACTIVITIES. (a) Subject to the limitations imposed...
Section 73.011. Limitations on Authority of Malt Beverage Agent - Sec. 73.011. LIMITATIONS ON AUTHORITY OF MALT BEVERAGE AGENT. (a)...
Chapter 74 - Brewpub License
Section 74.01. Authorized Activities - Sec. 74.01. AUTHORIZED ACTIVITIES. (a) A holder of a brewpub...
Section 74.03. Production Limit - Sec. 74.03. PRODUCTION LIMIT. The total annual production of malt...
Section 74.04. License Application, Renewal, and Maintenance; Records; License Issuance - Sec. 74.04. LICENSE APPLICATION, RENEWAL, AND MAINTENANCE; RECORDS; LICENSE ISSUANCE....
Section 74.05. Statement of Intent - Sec. 74.05. STATEMENT OF INTENT. An applicant for a brewpub...
Section 74.06. Quality Standards - Sec. 74.06. QUALITY STANDARDS. Brewing equipment used by a holder...
Section 74.07. Container Size - Sec. 74.07. CONTAINER SIZE. In addition to any other container...
Section 74.08. Sales by Brewpub License Holders to Retailers - Sec. 74.08. SALES BY BREWPUB LICENSE HOLDERS TO RETAILERS. (a)...
Section 74.09. Sales to Distributors - Sec. 74.09. SALES TO DISTRIBUTORS. (a) In addition to the...
Section 74.11. Report of Sales to Retailers - Sec. 74.11. REPORT OF SALES TO RETAILERS. (a) Not later...