Texas Alcoholic Beverage Code 28.19 – Sales At Temporary Location
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(a) The holder of a mixed beverage permit may temporarily sell authorized alcoholic beverages at:
(1) a picnic, celebration, or similar event; or
(2) a place other than the premises for which the holder’s mixed beverage permit is issued only in:
(A) an area where the sale of mixed beverages has been authorized by a local option election; or
(B) an area that:
(i) is adjacent to a county with a home-rule municipality with a population of more than 350,000:
(a) that has in its charter a provision allowing for limited purpose annexation for zoning;
(b) that has previously disannexed territory annexed for limited purposes; and
(c) that allows the sale of mixed beverages;
(ii) does not comprise an entire county; and
(iii) is not within the corporate limits of a municipality.
(b) Distilled spirits sold at a temporary location under this section must be purchased from the holder of a local distributor’s permit.
Terms Used In Texas Alcoholic Beverage Code 28.19
- 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
- Commission: means the Texas Alcoholic Beverage Commission. See Texas Alcoholic Beverage Code 1.04
- Distilled spirits: means alcohol, spirits of wine, whiskey, rum, brandy, gin, or any liquor produced in whole or in part by the process of distillation, including all dilutions or mixtures of them, and includes spirit coolers that may have an alcoholic content as low as four percent alcohol by volume and that contain plain, sparkling, or carbonated water and may also contain one or more natural or artificial blending or flavoring ingredients. 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) The commission shall adopt rules to implement this section, including rules that:
(1) require the permit holder to notify the commission of the dates on which and location where the permit holder will temporarily offer alcoholic beverages for sale under this section;
(2) establish a procedure to verify the wet or dry status of the location where the permit holder intends to temporarily sell alcoholic beverages under this section;
(3) detail the circumstances when a permit holder may temporarily sell alcoholic beverages under this section with only a notification to the commission and the circumstances that require the commission’s preapproval before a permit holder may temporarily sell alcoholic beverages under this section;
(4) establish the length of time a permit holder may sell alcoholic beverages under this section at the same location; and
(5) require the permit holder to provide any other information the commission determines necessary.
(d) Notwithstanding any other law, the temporary sale of alcoholic beverages by a mixed beverage permit holder under this section in an area 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 area, 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 area is located.
(e) Subsection (d) applies only to a mixed beverage permit holder operating under this section in an area 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.
(f) Subsection (d) does not affect the prohibition against possessing an open container in a passenger area of a motor vehicle under § 49.031, Penal Code.