Texas Alcoholic Beverage Code 48.02 – Permit for Excursion Boat
(a) A passenger transportation permit may be issued for:
(1) a regularly scheduled excursion boat which is licensed by the United States Coast Guard to carry passengers on the navigable waters of the state if the boat:
(A) carries at least 45 passengers;
(B) weighs at least 35 gross tons; and
(C) is at least 55 feet long; or
(2) a boat that:
(A) carries at least 350 passengers;
(B) weighs at least 90 gross tons; and
(C) is at least 80 feet long.
(b) The holder of a passenger transportation permit issued under Subsection (a)(1) may sell the same alcoholic beverages as the holder of a mixed beverage permit if:
(1) the home port of the boat is in an area where the sale of mixed beverages is legal or the boat is regularly used for voyages in international waters as provided by Subsection (h); and
(2) the owner or operator of the boat is the sole permit holder for the boat.
Terms Used In Texas Alcoholic Beverage Code 48.02
- Malt beverage: means a fermented beverage of any name or description containing one-half of one percent or more of alcohol by volume, brewed or produced from malt, in whole or in part, or from any malt substitute. See Texas Alcoholic Beverage Code 1.04
- Mixed beverage: means one or more servings of a beverage composed in whole or part of an alcoholic beverage in a sealed or unsealed container of any legal size for consumption on the premises where served or sold by the holder of a mixed beverage permit, the holder of certain nonprofit entity temporary event permits, the holder of a private club registration permit, or the holder of certain retailer late hours certificates. See Texas Alcoholic Beverage Code 1.04
- Person: means a natural person or association of natural persons, trustee, receiver, partnership, corporation, organization, or the manager, agent, servant, or employee of any of them. See Texas Alcoholic Beverage Code 1.04
- Premises: has the meaning given it in § 11. See Texas Alcoholic Beverage Code 1.04
- United States: includes a department, bureau, or other agency of the United States of America. See Texas Government Code 311.005
(c) The holder of a passenger transportation permit issued under Subsection (a)(1) may sell the same alcoholic beverages as the holder of a wine and malt beverage retailer’s permit if the home port of the boat is in an area where the sale of malt beverages and wine is legal.
(d) The holder of a passenger transportation permit issued under Subsection (a)(2) may sell the same alcoholic beverages as the holder of a mixed beverage permit if:
(1) the home port of the boat is in an area where the sale of mixed beverages is legal; or
(2) the boat is regularly used for voyages in international waters as provided by Subsection (h).
(e) A passenger transportation permit issued under this section is inoperative in a dry area.
(f) For purposes of Section 11.38, the home port of the boat is treated as the location of the permitted premises.
(g) The provisions of Section 109.53 that relate to residency requirements and compliance with Texas laws of incorporation do not apply to the holder of a passenger transportation permit under this section.
(h) A passenger transportation permit may be issued under this section to a boat regularly used for voyages in international waters regardless of whether the sale of mixed beverages is lawful in the area of the home port. A person having authority to deliver alcoholic beverages to a passenger transportation permit holder in the county where the permitted premises is located may deliver alcoholic beverages purchased by the permit holder.