Texas Alcoholic Beverage Code 101.72 – Consumption of Alcoholic Beverage On Premises Licensed for Off-Premises Consumption
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(a) A person commits an offense if the person knowingly consumes liquor or malt beverages on the premises of a holder of a wine and malt beverage retailer’s off-premise permit or a retail dealer’s off-premise license.
(b) A person is presumed to have knowingly violated Subsection (a) of this section if the warning sign required by either § 26.05 or 71.10 of this code is displayed on the premises.
Terms Used In Texas Alcoholic Beverage Code 101.72
- Liquor: means any alcoholic beverage, other than a malt beverage, containing alcohol in excess of five percent by volume, unless otherwise indicated. See Texas Alcoholic Beverage Code 1.04
- 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
- 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
- Year: means 12 consecutive months. See Texas Government Code 311.005
(c) Except as provided in Subsection (d) of this section, a violation of this section is a misdemeanor punishable by a fine of not less than $25 nor more than $200.
(d) If a person has been convicted of a violation of this section occurring within a year of a subsequent violation, the subsequent violation is a misdemeanor punishable by a fine of not less than $100 nor more than $200.