(d) Any package store, wine only package store, wholesaler's, or local
distributor's permittee who is injured in his
business or property by another person (other than a person in his capacity
as the holder of a wine and beer
retailer's permit, wine and beer retailer's off-premise permit, private club
registration permit, or mixed beverage
permit or any person in the capacity of lessor of the holder of such a permit)
by reason of anything prohibited in
this section or Section 109.53 of this code is entitled to the same remedies
available to a package store permittee
under Section 109.53 of this code. Except for actions brought against a
person in his capacity as the holder of or
as the lessor of the holder of a wine and beer retailer's permit, wine and
beer retailer's off-premise permit, mixed
beverage permit, or private club registration permit, the statute of
limitations for any action brought under this
section or Section 109.53 of this code for any cause of action arising after
the effective date of this Act is four
years unless a false affidavit has been filed with the commission in which
event the statute of limitations is 10
years for all purposes.
(e) When a designation under Subsection (b) of this section is made by a
wine and beer retailer or a beer
retailer, selling primarily for off-premise consumption, or by a wine and beer
retailer's off-premise permittee, no
more than 20 percent of the retail floor and display space of the entire
premises may be included in the licensed
premises, and all the retail floor and display space in the licensed premises
must be compact and contiguous and
may not be gerrymandered. However, the retail floor and display space
included in the licensed premises may be
in two separate locations within the retail premises if the total retail floor
and display space included in the
licensed premises does not exceed 20 percent of the floor and display
space of the entire premises and each of
the two portions of floor and display space included in the licensed premises
is itself compact and contiguous and
not gerrymandered. In addition to the one or two separate locations of
retail floor and display space on the
premises, the licensed premises may include the cash register and
check-out portions of the premises provided
That (1) no alcoholic beverages are displayed in the check-out or cash
register portion of the premises, and (2)
the area of the check-out and cash register portions of the premises are
counted towards the total of 20 percent
of the retail floor and display space That may be dedicated to the sale and
display of wine and beer. A storage
area That is not accessible or visible to the public may be included in the
licensed premises but shall not be
considered retail floor and display space for purposes of this section. The
commission or administrator shall
adopt rules to implement this subsection and to prevent gerrymandering.
Acts 1977, 65th Leg., p. 410, ch. 194, Sec. 1, eff. Sept. 1, 1977. Amended
by Acts 1979, 66th Leg., p. 1443, ch.
634, Sec. 1, eff. Aug. 27, 1979.
distributor's permittee who is injured in his
business or property by another person (other than a person in his capacity
as the holder of a wine and beer
retailer's permit, wine and beer retailer's off-premise permit, private club
registration permit, or mixed beverage
permit or any person in the capacity of lessor of the holder of such a permit)
by reason of anything prohibited in
this section or Section 109.53 of this code is entitled to the same remedies
available to a package store permittee
under Section 109.53 of this code. Except for actions brought against a
person in his capacity as the holder of or
as the lessor of the holder of a wine and beer retailer's permit, wine and
beer retailer's off-premise permit, mixed
beverage permit, or private club registration permit, the statute of
limitations for any action brought under this
section or Section 109.53 of this code for any cause of action arising after
the effective date of this Act is four
years unless a false affidavit has been filed with the commission in which
event the statute of limitations is 10
years for all purposes.
(e) When a designation under Subsection (b) of this section is made by a
wine and beer retailer or a beer
retailer, selling primarily for off-premise consumption, or by a wine and beer
retailer's off-premise permittee, no
more than 20 percent of the retail floor and display space of the entire
premises may be included in the licensed
premises, and all the retail floor and display space in the licensed premises
must be compact and contiguous and
may not be gerrymandered. However, the retail floor and display space
included in the licensed premises may be
in two separate locations within the retail premises if the total retail floor
and display space included in the
licensed premises does not exceed 20 percent of the floor and display
space of the entire premises and each of
the two portions of floor and display space included in the licensed premises
is itself compact and contiguous and
not gerrymandered. In addition to the one or two separate locations of
retail floor and display space on the
premises, the licensed premises may include the cash register and
check-out portions of the premises provided
That (1) no alcoholic beverages are displayed in the check-out or cash
register portion of the premises, and (2)
the area of the check-out and cash register portions of the premises are
counted towards the total of 20 percent
of the retail floor and display space That may be dedicated to the sale and
display of wine and beer. A storage
area That is not accessible or visible to the public may be included in the
licensed premises but shall not be
considered retail floor and display space for purposes of this section. The
commission or administrator shall
adopt rules to implement this subsection and to prevent gerrymandering.
Acts 1977, 65th Leg., p. 410, ch. 194, Sec. 1, eff. Sept. 1, 1977. Amended
by Acts 1979, 66th Leg., p. 1443, ch.
634, Sec. 1, eff. Aug. 27, 1979.
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| I, Andy Nolen, pledge that I will provide you with vigorous representation, and be by your side throughout this entire process. I will fight for you both in and out of the courtroom and do everything within my power to protect your constitutional rights. |
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| The Houston, Texas, law firm of Andy Nolen, represents people who have been accused of a state crime in Texas, including in communities such as League City, Angleton, Pearland, Alvin, Clear Lake, Sugar Land, The Woodlands, Baytown, Pasadena, Memorial, Spring Branch, River Oaks, West University, and Bellaire. Counties that this firm serves include: Galveston County • Fort Bend County • Montgomery County • Brazoria County • Harris County. Cases handled include: Domestic Violence, Theft, Shoplifting, Drunk Driving, Evading Arrest. All misdemeanors including DWI, also called DUI and all Felonies. |
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