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ALCOHOLIC BEVERAGE CODE
CHAPTER 105. HOURS OF SALE AND CONSUMPTION
§ 105.01. HOURS OF SALE: LIQUOR. (a) Except as provided in Sections 105.02, 105.03, and 105.04 of this code, no person may sell, offer for sale, or deliver any liquor: (1) on New Year's Day, Thanksgiving Day, or Christmas Day; (2) on Sunday; or (3) before 10 a. m. or after 9 p. m. on any other day. (b) When Christmas Day or New Year's Day falls on a Sunday, Subsection (a) of this section applies to the following Monday. Acts 1977, 65th Leg., p. 511, ch. 194, § 1, eff. Sept. 1, 1977. Amended by Acts 1979, 66th Leg., p. 1973, ch. 777, § 23, eff. Aug. 27, 1979. § 105.02. HOURS OF SALE: WHOLESALERS AND LOCAL DISTRIBUTORS TO RETAILERS. (a) Except as provided by Subsection (b) of this section, a wholesaler or a local distributor's permittee may sell, offer for sale, or deliver liquor to a retailer between 5 a. m. and 9 p. m. on any day except Sunday and Christmas Day. (b) A local distributor's permittee may not sell, offer for sale, or deliver any liquor on a day on which a package store permittee is prohibited from selling liquor. Acts 1977, 65th Leg., p. 511, ch. 194, § 1, eff. Sept. 1, 1977. Amended by Acts 1977, 65th Leg., p. 1183, ch. 453, § 10, eff. Sept. 1, 1977; Acts 1979, 66th Leg., p. 1973, ch. 777, § 23, eff. Aug. 27, 1979; Acts 1993, 73rd Leg., ch. 934, § 69, eff. Sept. 1, 1993. § 105.03. HOURS OF SALE: MIXED BEVERAGES. (a) No person may sell or offer for sale mixed beverages at any time not permitted by this section. (b) A mixed beverage permittee may sell and offer for sale mixed beverages between 7 a.m. and midnight on any day except Sunday. On Sunday he may sell mixed beverages between midnight and 1:00 a.m. and between 10 a.m. and midnight, except that an alcoholic beverage served to a customer between 10 a.m. and 12 noon on Sunday must be provided during the service of food to the customer. (c) In a city or county having a population of 500,000 or more, according to the last preceding federal census, a holder of a mixed beverage late hours permit may also sell and offer for sale mixed beverages between midnight and 2 a.m. on any day. (d) In a city or county having a population of less than 500,000, according to the last preceding federal census, the extended hours prescribed in Subsection (c) of this section are effective for the sale of mixed beverages and the offer to sell them by a holder of a mixed beverages late hours permit: (1) in the unincorporated areas of the county if the extended hours are adopted by an order of the commissioners court; and (2) in an incorporated city or town if the extended hours are adopted by an ordinance of the governing body of the city or town. (e) A violation of a city ordinance or order of a commissioners court adopted pursuant to Subsection (d) of this section is a violation of this code. Acts 1977, 65th Leg., p. 511, ch. 194, § 1, eff. Sept. 1, 1977. Amended by Acts 1993, 73rd Leg., ch. 923, § 2, eff. Sept. 1, 1993; Acts 1993, 73rd Leg., ch. 934, § 70, eff. Sept. 1, 1993; Acts 2003, 78th Leg., ch. 685, § 1, eff. Sept. 1, 2003. § 105.04. HOURS OF SALE: WINE AND BEER RETAILER. The hours of sale and delivery for alcoholic beverages sold under a wine and beer retailer's permit or a wine and beer retailer's off-premise permit are the same as those prescribed for the sale of beer under Section 105.05 of this code, except that no sale shall be allowed between 2 a.m. and noon on Sunday. Acts 1977, 65th Leg., p. 512, ch. 194, § 1, eff. Sept. 1, 1977. Amended by Acts 1993, 73rd Leg., ch. 934, § 71, eff. Sept. 1, 1993. § 105.05. HOURS OF SALE: BEER. (a) No person may sell, offer for sale, or deliver beer at any time not permitted by this section. (b) A person may sell, offer for sale, or deliver beer between 7 a.m. and midnight on any day except Sunday. On Sunday he may sell beer between midnight and 1:00 a.m. and between noon and midnight, except that permittees or licensees authorized to sell for on-premise consumption may sell beer between 10:00 a.m. and noon if the beer is served to a customer during the service of food to the customer. (c) In a city or county having a population of 500,000 or more, according to the last preceding federal census, a holder of a retail dealer's on-premise late hours license may also sell, offer for sale, and deliver beer between midnight and 2 a.m. on any day. (d) In a city or county having a population of less than 500,000, according to the last preceding federal census, the extended hours prescribed in Subsection (c) of this section, or any part of the extended hours prescribed in Subsection (c) of this section are effective for the sale, offer to sell, and delivery of beer by a holder of a retail dealer's on-premise late hours license: (1) in the unincorporated areas of the county if the extended hours are adopted by an order of the commissioners court; and (2) in an incorporated city or town if the extended hours are adopted by an ordinance of the governing body of the city or town. (e) A violation of a city ordinance or order of a commissioners court adopted pursuant to Subsection (d) of this section is a violation of this code. Acts 1977, 65th Leg., p. 512, ch. 194, § 1, eff. Sept. 1, 1977. Amended by Acts 1979, 66th Leg., p. 1970, ch. 777, § 13, eff. Aug. 27, 1979; Acts 1993, 73rd Leg., ch. 923, § 1, eff. Sept. 1, 1993; Acts 1993, 73rd Leg., ch. 934, § 72, 73, eff. Sept. 1, 1993; Acts 2003, 78th Leg., ch. 685, § 2, eff. Sept. 1, 2003. § 105.051. SALE OF BEER BY DISTRIBUTOR'S LICENSEE. In addition to the hours specified for the sale of beer in Section 105.05(b) of this code, the holder of a general, local, or branch distributor's license may sell, offer for sale, or deliver beer beginning at 5 a. m. on any day except Sunday. Added by Acts 1993, 73rd Leg., ch. 934, § 74, eff. Sept. 1, 1993. § 105.06. HOURS OF CONSUMPTION. (a) In this section: (1) "Extended hours area" means an area subject to the extended hours of sale provided in Section 105.03 or 105.05 of this code. (2) "Standard hours area" means an area which is not an extended hours area. (b) In a standard hours area, a person commits an offense if he consumes or possesses with intent to consume an alcoholic beverage in a public place at any time on Sunday between 1:15 a. m. and 12 noon or on any other day between 12:15 a. m. and 7 a. m. (c) In an extended hours area, a person commits an offense if he consumes or possesses with intent to consume an alcoholic beverage in a public place at any time on Sunday between 2:15 a. m. and 12 noon and on any other day between 2:15 a. m. and 7 a. m. (d) Proof that an alcoholic beverage was possessed with intent to consume in violation of this section requires evidence that the person consumed an alcoholic beverage on that day in violation of this section. (e) An offense under this section is a misdemeanor punishable by a fine of not more than $50. Acts 1977, 65th Leg., p. 512, ch. 194, § 1, eff. Sept. 1, 1977. Amended by Acts 1993, 73rd Leg., ch. 923, § 3, eff. Sept. 1, 1993. § 105.07. HOURS OF SALE AND CONSUMPTION: SPORTS VENUE. (a) In this section, "sports venue" means a public entertainment facility property, as defined by Section 108.73, that is primarily designed and used for live sporting events. (b) Notwithstanding any other provision of this code, in addition to any other period during which the sale and consumption of alcohol is authorized under this code: (1) a licensed or permitted premises located in a sports venue may sell alcoholic beverages between 10 a.m. and noon; and (2) a person may consume alcoholic beverages at a sports venue between 10 a.m. and noon. Added by Acts 2003, 78th Leg., ch. 946, § 2, eff. Sept. 1, 2003. Amended by Acts 2003, 78th Leg., 3rd C.S., ch. 3, § 21.01, eff. Jan. 11, 2004.



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