ALCOHOLIC BEVERAGE CODE

CHAPTER 34. AIRLINE BEVERAGE PERMIT


	§ 34.01.  AUTHORIZED ACTIVITIES.  The holder of an 
airline beverage permit may:
		(1)  sell or serve alcoholic beverages in or from any 
size container on a commercial passenger airplane operated in 
compliance with a valid license, permit, or certificate issued 
under the authority of the United States or of this state, even 
though the plane, in the course of its flight, may cross an area in 
which the sale of alcoholic beverages is prohibited;  and
		(2)  store alcoholic beverages in sealed containers of 
any size at any airport regularly served by the permittee, in 
accordance with rules and regulations promulgated by the 
commission.

Acts 1977, 65th Leg., p. 442, ch. 194, § 1, eff. Sept. 1, 1977.            


	§ 34.02   FEE.  The annual fee for an airline beverage 
permit is $2,200.  

Acts 1977, 65th Leg., p. 442, ch. 194, § 1, eff. Sept. 1, 1977.  
Amended by Acts 1983, 68th Leg., p. 1347, ch. 278, § 25, eff. 
Sept. 1, 1983.


	§ 34.03.  ELIGIBILITY FOR PERMIT.  The commission or 
administrator may issue an airline beverage permit to any 
corporation operating a commercial airline in or through the state.  
Application and payment of the fee shall be made directly to the 
commission.

Acts 1977, 65th Leg., p. 442, ch. 194, § 1, eff. Sept. 1, 1977.            


	§ 34.04.  TAXES.  (a)  The taxes imposed by this code 
shall be paid on all alcoholic beverages on a commercial passenger 
aircraft departing from an airport in this state, in accordance 
with rules and regulations prescribed by the commission.
	(b)  The preparation and service of alcoholic beverages by 
the holder of an airline beverage permit is exempt from the tax 
imposed by the Limited Sales, Excise and Use Tax Act.  An airline 
beverage service fee of five cents is imposed on each individual 
serving of an alcoholic beverage served by the permittee inside the 
state.  The fee accrues at the time the container containing an 
alcoholic beverage is delivered to the passenger.  The permittee 
may absorb the cost of the fee or may collect it from the passenger.  
The permittee shall remit the fees to the commission each month 
under a reporting system prescribed by the commission.

Acts 1977, 65th Leg., p. 442, ch. 194, § 1, eff. Sept. 1, 1977.            


	§ 34.05.  SALE OF LIQUOR TO PERMITTEE.  (a)  Only the 
holder of a package store permit may sell liquor to the holder of an 
airline beverage permit.  For the purposes of this code, a sale of 
liquor to a holder of an airline beverage permit shall be considered 
as a sale at retail to a consumer.
	(b)  The holder of a package store permit may sell liquor in 
any size container authorized by Section 101.46 of this code to 
holders of an airline beverage permit, and may purchase liquor in 
any size container for resale from the holders of a wholesaler's 
permit.  A holder of a wholesaler's permit may import, sell, offer 
for sale, or possess for resale to package store permittees to 
resell to holders of airline beverage permittees liquor in any 
authorized size containers.

Acts 1977, 65th Leg., p. 442, ch. 194, § 1, eff. Sept. 1, 1977.            


	§ 34.06.  INAPPLICABLE PROVISION.  Section 109.53 of 
this code does not apply to an airline beverage permit.

Acts 1977, 65th Leg., p. 443, ch. 194, § 1, eff. Sept. 1, 1977.