Houston Texas Criminal Defense Attorney Andy Nolen is one of the Best Criminal Defense Lawyers in Houston
HOUSTON CRIMINAL DEFENSE ATTORNEY
OVER 15 YEARS CRIMINAL LAW EXPERIENCE
LICENSED IN BOTH STATE AND FEDERAL COURT
Houston Criminal
Lawyer Andy Nolen
has over

15 years  experience

practicing criminal
law in Houston
Texas.

He is one of the best
Houston criminal
lawyers with more
than

500 cases
dismissed
Attorney Andy Nolen, Experienced Criminal Defense
Over 500 Criminal Cases Dismissed
713-697-4373
FREE CONSULTATION
Flexible Appointments
One of the most experienced Houston defense  lawyers, Attorney Andy Nolen,  represents people who have been accused of a state crime or Houston  
law, 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 Houston criminal attorney Andy Nolen serves include: Galveston County • Fort
Bend County • Montgomery County • Brazoria County • Harris County.  Cases handled include: Probation Violations, Theft, Shoplifting, Drunk Driving,
Evading Arrest, and all other Felonies and Misdemeanors.
ALCOHOLIC BEVERAGE CODE
CHAPTER 24. WINE ONLY PACKAGE STORE PERMIT

Sec. 24.01.  AUTHORIZED ACTIVITIES.  (a)  The holder of a wine only package
store permit may:
(1)  purchase ale, wine, and vinous liquors in this state from the holder of a
winery, wine bottler's, wholesaler's, or class B wholesaler's permit;  and
(2)  sell those beverages to consumers at retail on or from the licensed premises
in unbroken original containers of not less than six ounces for off-premises
consumption only and not for the purpose of resale.
(b)  The holder of a wine only package store permit whose premises is located in
a wet area permitting the legal sale of wine for off-premises consumption only as
determined by an election held under Section 251.19 may only purchase, sell, or
possess vinous liquor on those licensed premises.
(c)  The qualifications for a wine only package store permit whose premises is in a
wet area permitting the legal sale of wine for off-premises consumption only as
determined by an election held under Section 251.19 are the same as the
qualifications for a permit issued under Chapter 26 of this code, including the
citizenship requirements prescribed by Section 6.03.
Acts 1977, 65th Leg., p. 423, ch. 194, Sec. 1, eff. Sept. 1, 1977.  Amended by
Acts 1979, 66th Leg., p. 2118, ch. 819, Sec. 7, eff. June 13, 1979;  Acts 2001,
77th Leg., ch. 400, Sec. 2, eff. Sept. 1, 2001.
Sec. 24.02.  FEE.  The annual state fee for a wine only package store permit is
$75.
Acts 1977, 65th Leg., p. 423, ch. 194, Sec. 1, eff. Sept. 1, 1977.  Amended by
Acts 1983, 68th Leg., p. 1344, ch. 278, Sec. 13, eff. Sept. 1, 1983.
Sec. 24.03.  DELIVERIES AND COLLECTIONS.  The holder of a wine only package
store permit may make deliveries to and collections from customers as provided
in Section 22.03 of this code.
Acts 1977, 65th Leg., p. 424, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Sec. 24.04.  DESIGNATION OF PLACE OF STORAGE.  The owner of more than one
wine only package store who is also the holder of a local cartage permit may
designate one of his places of business as a place of storage.  He may transfer
alcoholic beverages to and from his place of storage and his other stores in the
same county, subject to rules prescribed by the commission.
Acts 1977, 65th Leg., p. 424, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Sec. 24.05.  PROHIBITED INTERESTS.  (a)  No person who holds a wine only
package store permit or owns an interest in a wine only package store may have
a direct or indirect interest in any of the following:
(1)  a manufacturer's or general, branch, or local distributor's license;
(2)  the business of any of the licenses listed in Subdivision (1) of this subsection.
(b)  A person may hold both a wine only package store permit and a retail
dealer's off-premise license.
(c)  A person may not hold a wine and beer retailer's or wine and beer retailer's
off-premise permit at the same location where the person holds a wine only
package store permit.
Acts 1977, 65th Leg., p. 424, ch. 194, Sec. 1, eff. Sept. 1, 1977.  Amended by
Acts 1979, 66th Leg., p. 1445, ch. 634, Sec. 4, eff. Aug. 27, 1979;  Acts 1995,
74th Leg., ch. 1042, Sec. 1, eff. Aug. 28, 1995.
Sec. 24.06.  VIOLATION WHEN LICENSE ALSO HELD.  If a person holding a wine
only package store permit who also holds a retail dealer's off-premise license for
the same location violates a provision of this code or a rule or regulation of the
commission, the violation is a ground for the suspension or cancellation of both
the wine only package store permit and the retail dealer's off-premise license for
the premises where the violation was committed.
Acts 1977, 65th Leg., p. 424, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Sec. 24.07.  WHEN LICENSE ALSO HELD:  HOURS OF SALE, ETC.  A holder of a wine
only package store permit who also holds a retail dealer's off-premise license for
the same location may remain open and sell ale, wine, vinous liquors, and beer,
for off-premises consumption only, on any day and during the same hours That
the holder of a wine and beer retailer's permit may sell ale, beer, and wine,
except That he may not sell wine or vinous liquor containing more than 17
percent alcohol by volume on a Sunday or after 10 p.m. on any day.
Acts 1977, 65th Leg., p. 424, ch. 194, Sec. 1, eff. Sept. 1, 1977.  Amended by
Acts 1999, 76th Leg., ch. 418, Sec. 1, eff. Sept. 1, 1999.
Sec. 24.09.  OPENING CONTAINERS PROHIBITED.  Except as provided by Section
52.01, a person may not break or open a container of liquor or beer or possess
an opened container of liquor or beer on the premises of a wine only package
store.
Acts 1977, 65th Leg., p. 424, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2005, 79th Leg., Ch. 1291, Sec. 1, eff. June 18, 2005.
Sec. 24.10.  BEVERAGE FROM OPENED CONTAINER.  Except as provided by Section
52.01, a person may not sell, barter, exchange, deliver, or give away a drink of
alcoholic beverage from a container That has been opened or broken on the
premises of a wine only package store.
Acts 1977, 65th Leg., p. 425, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2005, 79th Leg., Ch. 1291, Sec. 2, eff. June 18, 2005.
Sec. 24.11.  BREACH OF PEACE.  The commission or administrator may suspend
or cancel a wine only package store permit after giving the permittee notice and
the opportunity to show compliance with all requirements of law for the retention
of the permit if it finds That a breach of the peace has occurred on the licensed
premises or on premises under the control of the permittee and That the breach
of the peace was not beyond the control of the permittee and resulted from his
improper supervision of persons permitted to be on the licensed premises or on
premises under his control.
Acts 1977, 65th Leg., p. 425, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Sec. 24.12.  WINE AND ALE SAMPLING.  (a)  The holder of a wine only package
store permit may conduct free product samplings of wine or ale on the permit
holder's premises during regular business hours as provided by this section.
(b)  An agent or employee of the holder of a wine only package store permit may
open, touch, or pour wine or ale, make a presentation, or answer questions at a
sampling event.
(c)  For the purposes of this code and any other law or ordinance:
(1)  a wine only package store permit does not authorize the sale of alcoholic
beverages for on-premise consumption; and
(2)  none of the permit holder's income may be considered to be income from
the sale of alcoholic beverages for on-premise consumption.
(d)  Any wine or ale used in a sampling event under this section must be
purchased from or provided by the retailer on whose premises the sampling event
is held.
(e)  When a sampling event under this section is held on the premises of a wine
only package store permit located in an area which is wet for the sale of wine but
which is not wet for the sale of higher alcohol content wines That may be sold
under an unrestricted wine only package store permit, the only wines That may be
sampled are wines which may be legally sold by the wine only package store
permittee as restricted under Section 251.81.
Added by Acts 2005, 79th Leg., Ch. 192, Sec. 1, eff. September 1, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1073, Sec. 2, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1073, Sec. 3, eff. September 1, 2007.
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