Texas Alcoholic Beverage Code

§ 28.18 — FOOD AND BEVERAGE CERTIFICATE

AL § 28.18Title 3. LICENSES AND PERMITS · Part A. PERMITS · Ch. 28. MIXED BEVERAGE PERMIT

Statute text

(a)In this section, "location" means the designated physical address of the mixed beverage permit and includes all areas at the address where the permit holder may sell or deliver alcoholic beverages for immediate consumption regardless of whether some of those areas are occupied by other businesses. (a-1) A holder of a mixed beverage permit may be issued a food and beverage certificate by the commission if:

(1)the permit holder is a restaurant; or

(2)the commission finds that the receipts from the sale of alcoholic beverages by the permit holder at the location are 60 percent or less of the total receipts from the location.

(b)A food and beverage certificate may not be issued unless the location has permanent food service facilities for the preparation and service of multiple entrees for consumption at the location. (b-1) The commission shall adopt rules requiring the holder of a food and beverage certificate to assure that permanent food service facilities for the preparation and service of multiple entrees for consumption at the location are available at the location. The commission may exempt permittees who are concessionaires in public entertainment venues such as sports stadiums and convention centers from Subsections (a-1) and (b).

(c)The fee for a food and beverage certificate shall be set at a level sufficient to recover the cost of issuing the certificate and administering this section.

(d)Repealed by Acts 2017, 85th Leg., R.S., Ch. 466 (H.B. 2101), Sec. 5, eff. September 1, 2017.

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Legislative history

Acts 2017, 85th Leg., R.S., Ch. 466 (H.B. 2101), Sec. 2, eff. September 1, 2017. Acts 2017, 85th Leg., R.S., Ch. 466 (H.B. 2101), Sec. 5, eff. September 1, 2017. Acts 2021, 87th Leg., R.S., Ch. 305 (S.B. 911), Sec. 3, eff. January 1, 2022.