Law:Title 3. Licenses And Permits. Subtitle A. Permits from Chapter 31. Caterer's Permit (Texas)

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Subtitle A. Permits

Contents

Chapter 31. Caterer's Permit

Section  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, Sec. 1, eff. Sept. 1, 1977. Amended by Acts 1993, 73rd Leg., ch. 934, Sec. 39, eff. Sept. 1, 1993.



Section  31.02.  Fee.

The annual state fee for a caterer's permit is $500.

Acts 1977, 65th Leg., p. 434, ch. 194, Sec. 1, eff. Sept. 1, 1977. Amended by Acts 1983, 68th Leg., p. 1347, ch. 278, Sec. 21, eff. Sept. 1, 1983.



Section  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, Sec. 1, eff. Sept. 1, 1977.



Section  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, Sec. 1, eff. Sept. 1, 1977.



Section  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, Sec. 1, eff. June 14, 1990.



Section 31.06.  Public Consumption.

(a) This section applies only to the holder of a caterer's permit operating under the permit in an area in a municipality that:

(1)  has a population of less than 15,000;

(2)  is located in a county with a population of less than 65,000; and

(3)  contains a historic preservation district that borders a lake.

(b)  Notwithstanding any other law, the holder of a caterer's permit operating under the permit in an area located on property owned by a municipality that contains a municipally owned conference center and that borders a lake may permit a patron to leave the area, even though the patron possesses an alcoholic beverage, if:

(1)  the beverage is in an open container and appears to be possessed for present consumption; and

(2)  the public consumption of alcoholic beverages or possession of an open container of an alcoholic beverage is not prohibited on the municipally owned property where the area is located.

(c)  This section does not affect the prohibition against possessing an open container in a passenger area of a motor vehicle under Section 49.031, Penal Code.

Added by Acts 2009, 81st Leg., R.S., Ch. 1045, Sec. 2, eff. September 1, 2009.


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