ALCOHOLIC BEVERAGE CODE
CHAPTER 31. CATERERS PERMIT
§ 31.01. AUTHORIZED ACTIVITIES. The holder of a
caterer's permit may sell mixed beverages on a temporary basis at a
place other than the premises for which the holder's mixed beverage
permit is issued only in:
(1) an area where the sale of mixed beverages has been
authorized by a local option election; or
(2) an area that:
(A) is adjacent to a county with a home-rule
municipality with a population of more than 350,000:
(i) that has in its charter a provision
allowing for limited purpose annexation for zoning;
(ii) that has previously disannexed
territory annexed for limited purposes; and
(iii) that allows the sale of mixed
beverages;
(B) does not comprise an entire county; and
(C) is not within the corporate limits of a
municipality.
Acts 1977, 65th Leg., p. 434, ch. 194, § 1, eff. Sept. 1, 1977.
Amended by Acts 1993, 73rd Leg., ch. 934, § 39, eff. Sept. 1,
1993.
§ 31.02 FEE. The annual state fee for a caterer's
permit is $500.
Acts 1977, 65th Leg., p. 434, ch. 194, § 1, eff. Sept. 1, 1977.
Amended by Acts 1983, 68th Leg., p. 1347, ch. 278, § 21, eff.
Sept. 1, 1983.
§ 31.03. ISSUANCE OF PERMIT. (a) A caterer's permit
may be issued only to the holder of a mixed beverage permit.
(b) The commission shall adopt rules and regulations
governing the application for and the issuance and use of caterer's
permits.
(c) The provisions of this code which apply to the
application for and issuance of other permits do not apply to the
application for and issuance of a caterer's permit.
Acts 1977, 65th Leg., p. 434, ch. 194, § 1, eff. Sept. 1, 1977.
§ 31.04. APPLICATION OF PROVISIONS REGULATING MIXED
BEVERAGE PERMITS. (a) A caterer's permit is auxiliary to the
primary mixed beverage permit held by the permittee.
(b) The restrictions and regulations which apply to the sale
of mixed beverages on the licensed premises also apply to the sale
under the authority of a caterer's permit, and any act that is
prohibited on the licensed premises is also prohibited when the
permittee is operating other than on the licensed premises under a
caterer's permit.
(c) Any act which if done on the licensed premises would be a
ground for cancellation or suspension of the mixed beverage permit
is a ground for cancellation of both the mixed beverage permit and
the caterer's permit if done when the permittee is operating away
from the licensed premises under the authority of the caterer's
permit.
(d) All receipts from the sale of mixed beverages under the
authority of the caterer's permit shall be treated for tax purposes
as if they were made under the authority of the primary permit.
(e) If the primary permit ceases to be valid for any reason,
the caterer's permit ceases to be valid.
(f) All provisions of this code applicable to the primary
permit and not inconsistent with this chapter apply to a caterer's
permit.
Acts 1977, 65th Leg., p. 434, ch. 194, § 1, eff. Sept. 1, 1977.
§ 31.05. USE OF PERMIT IN MARINE PARK. (a) In this
section, "marine park" means an enclosed, restricted access area of
not less than 245 acres nor more than 255 acres in a county with a
population of over 950,000, which area constitutes a facility
operated for the education or entertainment of the public involving
the display of live fish, marine animals, and related aquatic, food
service, and amusement activities and which holds appropriate
permits issued by state and federal regulatory agencies authorizing
the keeping of live fish, marine animals, or endangered species.
(b) The authority to use a caterer's permit in a marine park
is limited to the holders of those permits who in their operations
under their primary mixed beverage permits do not utilize the
privilege granted by Section 11.49(b)(2) of this code to share
premises, employees, business facilities, and services.
(c) Holders of caterer's permits meeting the requirements
of Subsection (b) of this section and complying with all other
provisions of this section may utilize their caterer's permits for
indefinite periods anywhere in the marine park even though the
ownership of the buildings and grounds on which the permit is to be
used may be in an entity that, either directly or by affiliation,
has an ownership interest in the holder of a manufacturer's license
or a brewer's permit or both; provided, however, that the caterer
shall not give any preferential treatment to the brand or brands in
which the site owner may have an interest.
(d) For purposes of this section, preferential treatment is
any practice by the caterer that, on the basis of information
officially reported to the commission, results in sales of
beverages identifiable with the site owner made by the caterer in
the marine park during a calendar year that in the aggregate exceed
by more than five percent the aggregate percentage share of the same
brand or brands sold during the prior calendar year within the
county in which the marine park is located; provided, however, that
the computation may exclude sales made on those occasions when a
caterer's permit is used to provide service for a private party
where specific beverages are ordered and the total charges for
those beverages are paid by only one person or entity.
(e) The consideration to be paid by the caterer's permit
holder to the owner or operator of the marine park for the right to
sell alcoholic beverages therein may not be made dependent to any
degree on the sales volume of any specific brand or brands or on the
number of containers of beverages identified with any particular
producer.
(f) The wilful sharing of employees, business machines, or
services between the holder of the caterer's permit and the owner of
the marine park or any affiliate of the owner is grounds for
immediate revocation of the authority of the caterer's permit
holder to provide service in the marine park.
(g) The commission or administrator may suspend for not more
than 60 days or cancel the primary mixed beverage permit of any
holder of a caterer's permit who violates this section.
(h) In the event that a marine park owner having, either
directly or by affiliation, an ownership interest in the holder of a
manufacturer's license or a brewer's permit or both is found to have
violated or to have conspired with any other permittee or licensee
to violate this section, the commission or administrator may
suspend for not more than 60 days the permit or license or both or
may revoke the authority of any holder of a caterer's permit to
provide service in the marine park.
(i) Any permittee or licensee whose business or property is
injured by a violation of this section may bring suit in any
district court in the county in which the violation is alleged to
have occurred to require enforcement by injunctive relief or to
recover three times the actual damages incurred or for both
injunctive relief and treble damages. The court in its discretion
may allow the prevailing party its court costs and reasonable and
necessary attorney's fees incurred in the defense or prosecution of
such an action.
Added by Acts 1990, 71st Leg., 6th C.S., ch. 7, § 1, eff. June 14,
1990.
