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 26. WINE AND BEER RETAILER'S OFF-PREMISE PERMIT

Sec. 26.01.  AUTHORIZED ACTIVITIES.  (a) The holder of a wine and
beer retailer's off-premise permit may sell for off-premises
consumption only, but not for resale, wine, beer, and malt liquors
containing alcohol in excess of one-half of one percent by volume but
not more than 17 percent by volume.
(b)  The holder of a wine and beer retailer's off-premise permit may
conduct free product samplings of wine, beer, and malt liquor
containing alcohol in excess of one-half of one percent by volume but
not more than 17 percent by volume on the permit holder's premises
during regular business hours as provided by Section 26.08.
Acts 1977, 65th Leg., p. 428, ch. 194, Sec. 1, eff. Sept. 1, 1977.  
Amended by Acts 1999, 76th Leg., ch. 418, Sec. 4, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 192, Sec. 2, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 1073, Sec. 4, eff. September 1, 2007.
Sec. 26.02.  FEE.  The annual state fee for a wine and beer retailer's
off-premise permit is $60.
Acts 1977, 65th Leg., p. 428, ch. 194, Sec. 1, eff. Sept. 1, 1977.  
Amended by Acts 1983, 68th Leg., p. 1346, ch. 278, Sec. 16, eff. Sept.
1, 1983.
Sec. 26.03.  ISSUANCE, CANCELLATION, AND SUSPENSION OF PERMIT.  
(a)  A wine and beer retailer's off-premise permit is issued by the
commission or administrator.  The qualifications of applicants and the
application for and issuance of the permit are governed by the same
provisions which apply to the application for and issuance of a retail
dealer's off-premise license.
(b)  The provisions of this code applicable to the cancellation and
suspension of a retail dealer's off-premise license also apply to the
cancellation and suspension of a wine and beer retailer's off-premise
permit.
Acts 1977, 65th Leg., p. 428, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Sec. 26.04.  APPLICATION OF OTHER CODE PROVISIONS.  Sections
61.78, 61.81, 61.82, and 61.84 of this code also apply to a wine and
beer retailer's off-premise permit.  The restrictions in this code relating
to beer as to the application of local restrictions, sales to minors and
intoxicated persons, and age of employees apply to the sale of
alcoholic beverages by a wine and beer retailer's off-premise
permittee.
Acts 1977, 65th Leg., p. 428, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Sec. 26.05.  WARNING SIGN REQUIRED.  (a)  Each holder of a wine and
beer retailer's off-premise permit shall display in a prominent place on
his premises a sign stating in letters at least two inches high:  IT IS A
CRIME (MISDEMEANOR) TO CONSUME LIQUOR OR BEER ON THESE
PREMISES.  The commission or administrator may require the holder of
the permit to also display the sign in a language other than English if
it can be observed or determined That a substantial portion of the
expected customers speak the other language as their familiar
language.
(b)  A permittee who fails to comply with this section commits a
misdemeanor punishable by a fine of not more than $25.
Added by Acts 1983, 68th Leg., p. 2211, ch. 414, Sec. 2, eff. Sept. 1,
1983.  Amended by Acts 1985, 69th Leg., ch. 689, Sec. 1, eff. Sept. 1,
1985.
Sec. 26.06.  MASTERS IN CERTAIN COUNTIES.  The county judge of a
county with a population of 1.3 million or more may appoint a master
to hear a permit application under this chapter in the manner provided
by Section 61.311 of this code for the appointment of a master to hear
a license application.
Added by Acts 1987, 70th Leg., ch. 674, Sec. 3.05, eff. Sept. 1, 1987.  
Amended by Acts 2001, 77th Leg., ch. 669, Sec. 4, eff. Sept. 1, 2001.
Sec. 26.07.  DELEGATION OF DUTIES OF COUNTY JUDGE.  A county
judge may delegate the duty to hear a permit application under this
chapter in the manner provided by Section 61.312 of this code for the
delegation of the duty to hear a license application.
Added by Acts 1989, 71st Leg., ch. 137, Sec. 2, eff. May 25, 1989.
Sec. 26.08.  SAMPLING EVENT.  (a)  An employee of the holder of a
wine and beer retailer's off-premise permit may open, touch, or pour
wine, beer, or malt liquor, make a presentation, or answer questions
at a sampling event.
(b)  For purposes of this code and any other law or ordinance:
(1)  a wine and beer retailer's off-premise permit does not authorize
the sale of alcoholic beverages for on-premises consumption; and
(2)  none of the permit holder's income may be considered to be
income from the sale of alcoholic beverages for on-premises
consumption.
(c)  Any wine, beer, or malt liquor 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.  This section does not authorize
the holder of a wine and beer retailer's off-premise permit to withdraw
or purchase alcoholic beverages from the holder of a wholesaler's
permit or a distributor's license or provide alcoholic beverages for a
sampling on a retailer's premises That is not purchased from the
retailer.  The amount of alcoholic beverages purchased from the
retailer may not exceed the amount of alcoholic beverages used in the
sampling event.
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