ALCOHOLIC BEVERAGE CODE

CHAPTER 24. WINE ONLY PACKAGE STORE PERMIT


	§ 24.01.  AUTHORIZED ACTIVITIES.  (a)  The holder of a 
wine only package store permit may:
		(1)  purchase ale, wine, and vinous liquors in this 
state from the holder of a winery, wine bottler's, wholesaler's, or 
class B wholesaler's permit;  and
		(2)  sell those beverages to consumers at retail on or 
from the licensed premises in unbroken original containers of not 
less than six ounces for off-premises consumption only and not for 
the purpose of resale.
	(b)  The holder of a wine only package store permit whose 
premises is located in a wet area permitting the legal sale of wine 
for off-premises consumption only as determined by an election held 
under Section 251.19 may only purchase, sell, or possess vinous 
liquor on those licensed premises.
	(c)  The qualifications for a wine only package store permit 
whose premises is in a wet area permitting the legal sale of wine 
for off-premises consumption only as determined by an election held 
under Section 251.19 are the same as the qualifications for a permit 
issued under Chapter 26 of this code, including the citizenship 
requirements prescribed by Section 6.03.

Acts 1977, 65th Leg., p. 423, ch. 194, § 1, eff. Sept. 1, 1977.  
Amended by Acts 1979, 66th Leg., p. 2118, ch. 819, § 7, eff. June 
13, 1979;  Acts 2001, 77th Leg., ch. 400, § 2, eff. Sept. 1, 2001.


	§ 24.02   FEE.  The annual state fee for a wine only 
package store permit is $75.

Acts 1977, 65th Leg., p. 423, ch. 194, § 1, eff. Sept. 1, 1977.  
Amended by Acts 1983, 68th Leg., p. 1344, ch. 278, § 13, eff. 
Sept. 1, 1983.


	§ 24.03.  DELIVERIES AND COLLECTIONS.  The holder of a 
wine only package store permit may make deliveries to and 
collections from customers as provided in Section 22.03 of this 
code.

Acts 1977, 65th Leg., p. 424, ch. 194, § 1, eff. Sept. 1, 1977.            


	§ 24.04.  DESIGNATION OF PLACE OF STORAGE.  The owner of 
more than one wine only package store who is also the holder of a 
local cartage permit may designate one of his places of business as 
a place of storage.  He may transfer alcoholic beverages to and from 
his place of storage and his other stores in the same county, 
subject to rules prescribed by the commission.

Acts 1977, 65th Leg., p. 424, ch. 194, § 1, eff. Sept. 1, 1977.            


	§ 24.05.  PROHIBITED INTERESTS.  (a)  No person who 
holds a wine only package store permit or owns an interest in a wine 
only package store may have a direct or indirect interest in any of 
the following:
		(1)  a manufacturer's or general, branch, or local 
distributor's license;   
		(2)  the business of any of the licenses listed in 
Subdivision (1) of this subsection.
	(b)  A person may hold both a wine only package store permit 
and a retail dealer's off-premise license.
	(c)  A person may not hold a wine and beer retailer's or wine 
and beer retailer's off-premise permit at the same location where 
the person holds a wine only package store permit.

Acts 1977, 65th Leg., p. 424, ch. 194, § 1, eff. Sept. 1, 1977.  
Amended by Acts 1979, 66th Leg., p. 1445, ch. 634, § 4, eff. Aug. 
27, 1979;  Acts 1995, 74th Leg., ch. 1042, § 1, eff. Aug. 28, 
1995.


	§ 24.06.  VIOLATION WHEN LICENSE ALSO HELD.  If a person 
holding a wine only package store permit who also holds a retail 
dealer's off-premise license for the same location violates a 
provision of this code or a rule or regulation of the commission, 
the violation is a ground for the suspension or cancellation of both 
the wine only package store permit and the retail dealer's 
off-premise license for the premises where the violation was 
committed.

Acts 1977, 65th Leg., p. 424, ch. 194, § 1, eff. Sept. 1, 1977.            


	§ 24.07.  WHEN LICENSE ALSO HELD:  HOURS OF SALE, ETC.  A 
holder of a wine only package store permit who also holds a retail 
dealer's off-premise license for the same location may remain open 
and sell ale, wine, vinous liquors, and beer, for off-premises 
consumption only, on any day and during the same hours that the 
holder of a wine and beer retailer's permit may sell ale, beer, and 
wine, except that he may not sell wine or vinous liquor containing 
more than 17 percent alcohol by volume on a Sunday or after 10 p.m. 
on any day.

Acts 1977, 65th Leg., p. 424, ch. 194, § 1, eff. Sept. 1, 1977.  
Amended by Acts 1999, 76th Leg., ch. 418, § 1, eff. Sept. 1, 
1999.


	§ 24.09.  OPENING CONTAINERS PROHIBITED.  No person may 
break or open a container of liquor or beer or possess an opened 
container of liquor or beer on the premises of a wine only package 
store.

Acts 1977, 65th Leg., p. 424, ch. 194, § 1, eff. Sept. 1, 1977.            


	§ 24.10.  BEVERAGE FROM OPENED CONTAINER.  No person may 
sell, barter, exchange, deliver, or give away a drink of alcoholic 
beverage from a container that has for any reason been opened or 
broken on the premises of a wine only package store.

Acts 1977, 65th Leg., p. 425, ch. 194, § 1, eff. Sept. 1, 1977.            


	§ 24.11.  BREACH OF PEACE.  The commission or 
administrator may suspend or cancel a wine only package store 
permit after giving the permittee notice and the opportunity to 
show compliance with all requirements of law for the retention of 
the permit if it finds that a breach of the peace has occurred on the 
licensed premises or on premises under the control of the permittee 
and that the breach of the peace was not beyond the control of the 
permittee and resulted from his improper supervision of persons 
permitted to be on the licensed premises or on premises under his 
control.

Acts 1977, 65th Leg., p. 425, ch. 194, § 1, eff. Sept. 1, 1977.