Texas Alcoholic Beverage Code 28.101 – Public Consumption
(a) This section applies only to a mixed beverage permit holder whose premises are located in a municipality that:
(1) has a population of less than 15,000;
(2) is located in a county with a population of less than 65,000; and
(3) contains a historic preservation district that borders a lake.
(b) Notwithstanding § 28.10 or any other law, the holder of a mixed beverage permit whose permitted premises are located on property owned by a municipality that contains a municipally owned conference center and that borders a lake may permit a patron to leave the permitted premises, even though the patron possesses an alcoholic beverage, if:
(1) the beverage is in an open container and appears to be possessed for present consumption; and
(2) the public consumption of alcoholic beverages or possession of an open container of an alcoholic beverage is not prohibited on the municipally owned property where the permitted premises are located.
Terms Used In Texas Alcoholic Beverage Code 28.101
- Alcoholic beverage: means alcohol, or any beverage containing more than one-half of one percent of alcohol by volume, which is capable of use for beverage purposes, either alone or when diluted. 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
- Population: means the population shown by the most recent federal decennial census. See Texas Government Code 311.005
- Premises: has the meaning given it in § 11. See Texas Alcoholic Beverage Code 1.04
- Property: means real and personal property. See Texas Government Code 311.005
(c) This section does not affect the prohibition against possessing an open container in a passenger area of a motor vehicle under § 49.031, Penal Code.