(a) Notwithstanding any other provision of this code, a permit under this chapter may be issued for a premises in an area in which the voters have approved the following alcoholic beverage ballot issues in a local option election:
(1) “The legal sale of malt beverages and wine for off-premise consumption only.”; and
(2) either:
(A) “The legal sale of mixed beverages.”; or
(B) “The legal sale of mixed beverages in restaurants by food and beverage certificate holders only.”
(b) A premises that qualifies for a permit under this chapter because it is located in an area that approved the ballot issue described by Subsection (a)(2)(B) may be issued a permit under this chapter only if the premises is issued a food and beverage certificate.