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Texas Alcoholic Beverage Code - ALCO BEV § 57.02. Determination of Delivery Area

Current as of January 01, 2024 | Updated by Findlaw Staff

(a) In determining whether the sale of an alcoholic beverage is legal in an area for purposes of Section 57.01, a person who sells or delivers an alcoholic beverage under that section may consult a map or other publicly available information produced by the commission for the purpose of establishing where the sale of alcoholic beverages is legal.

(b) The holder of a consumer delivery permit may make deliveries of alcoholic beverages:

(1) only in response to bona fide orders placed by the consumer under Section 57.01; and

(2) only in areas where the sale of the beverages is legal in:

(A) the county in which the premises of the retailer making the sale is located;

(B) the city or town in which the premises of the retailer making the sale is located, if the retailer is located in a city or town; or

(C) an area not further than two miles beyond the municipal boundary of the city or town in which the premises of the retailer is located, if applicable.

(c) It is a defense to a prosecution alleging that an individual delivered an alcoholic beverage under this chapter to an address located in an area that is dry for the type of beverage delivered that:

(1) the individual or the holder of a consumer delivery permit relied on publicly available information produced by the commission relating to the wet or dry classification of the address; and

(2) the information indicated that the address to which the beverage was delivered was classified as wet for the type of beverage delivered on the date of the delivery.

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Cite this article: FindLaw.com - Texas Alcoholic Beverage Code - ALCO BEV § 57.02. Determination of Delivery Area - last updated January 01, 2024 | https://codes.findlaw.com/tx/alcoholic-beverage-code/alco-bev-sect-57-02/

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