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Alcoholic Beverages

Summaries

KP-0153
Ken Paxton

Raffle prize by nonprofit charitable organization - because the award of alcohol as a raffle prize by is not prohibited by the Charitable Raffle Enabling Act and is not a sale or otherwise an activity regulated by the Alcoholic Beverage Code, a court would likely conclude that current law does not prohibit such a raffle prize

GA-0110
Greg Abbott

Glass beverage containers, municipality may prohibit sale of|Alcoholic beverages in class containers, municipality may not prohibit sale of all, but may prohibit sale of beer in glass containers|Municipality may not prohibit sale of all alcoholic beverage in glass containers, but may prohibit sale of beer in glass containers|Municipality may prohibit sale of all glass beverage containers within corporate limits

GA-0120
Greg Abbott

Alcoholic beverage, home-rule city may not delegate to a subordinate municipal board the authority to grant variances in the regulation of|Authority to grant variances in the regulation of alcoholic beverage, home-rule city may not delegate to a subordinate municipal board the

GA-0160
Greg Abbott

Signatures for local option alcohol petition, suspense list voters are not included in determining minimum number of|Local option alcohol petition, rules for calculating minimum number of signatures required for|Local option alcohol petition, suspense list voters are not included in determining minimum number of signatures for

GA-0209
Greg Abbott

Local option election petitions under Alcoholic Beverage Code, local election officials may not count signatures that are timely withdrawn, but they must count signatures if they are valid and if the signatures appear on petition pages in conformity to st|Signature withdrawal from special election petitions, Texas recognizes the common-law right of|Local option election petitions, local election officials may not count signatures that are timely withdrawn, but they must count signatures if they are valid and if they appear on petition pages in conformity to statute

GA-0335
Greg Abbott

Poker tournament in which participants do not risk money or any other thing of value for the opportunity to win a prize, holder of an on-premises alcoholic beverage permit may host a|Poker tournament in which participants risk money or any other thing of value for the opportunity to win a prize, holder of an on-premises alcoholic beverage permit may not host a

GA-0561
Greg Abbott

Possession and consumption of alcoholic beverages, neither the Alcoholic Beverage Commission nor the City of Corsicana may regulate a business establishment that permits the possession and consumption of alcoholic beverages on a BYOB ("bring you own bottle") basis

GA-0635
Greg Abbott

Local option status, effect of county-wide election on local option status of smaller voting units resulting from prior elections held in their territorial limits|Sale of alcoholic beverages, effect of county-wide election on local option status of smaller voting units resulting from prior elections held in their territorial limits|Local option status or status

GA-0783
Greg Abbott

Local option election; county payment for expenses of|Local option election, when petitioners must make deposit to file petition|Local option elections

GA-0942
Greg Abbott

Municipal ordinance prohibiting sale of alcoholic beverages by dealer whose place of business is within 300 feet or 1,000 feet of public school, authority of general-law governing body to enact

GA-0962
Greg Abbott

Municipal ordinance prohibiting the sale of alcoholic beverages by a dealer whose place of business is within 300 feet or 1,000 feet of a public school, authority of home-rule municipality’s governing body to enact|Sale of alcoholic beverages by a dealer whose place of business is within 300 feet or 1,000 feet of a public school, authority of home-rule municipality’s governing body to enact prohibition of|Municipal ordinance prohibiting the sale of alcoholic beverages by a dealer whose place of business that is within 300 feet or 1,000 feet of a public school, authority of home-rule municipality’s governing body to enact

GA-0964
Greg Abbott

Information from alcoholic beverage reports that is required to be furnished to authorized persons under section 111.006, Tax Code, must identify the retailers to whom the alcoholic beverages are sold|Alcoholic beverage reports, information from, that is required to be furnished to authorized persons under section 111.006, Tax Code, must identify the retailers to whom the alcoholic beverages are sold

DM-0005
Dan Morales

Beer purchased directly from manufacturer may be resold in territory specified in distributor's agreement with manufacturer (Clarified and re-issued as Tex. Att'y Gen. Op. No. DM-5A (1991)) | Particular brand of beer purchased from general distributor, local beer distributor may resell only in territory in which general distributor is authorized by manufacturer to sell (Clarified and re-issued as Tex. Att'y Gen. Op. No. DM-5A (1991))

DM-0044
Dan Morales

Boundaries for "wet/dry" election contain entire political subdivision for which election is called|Boundaries for "wet/dry" election, commissioners court may set only in instance where former justice of the peace precinct boundaries have changed, and must conform as nearly as possible to former boundaries|Boundaries for "wet/dry" election, commissioners court may set only in instance where former justice of the peace precinct boundaries have changed, and must conform as nearly as possible to former boundary

DM-0084
Dan Morales

Free wine with meals, restaurant in dry area may not provide

DM-0115
Dan Morales

Failure to request proper identification, Alcoholic Beverage Commission does not have authority to adopt rule which would establish rebuttable presumption that a licensee or permittee had "knowingly" sold alcoholic beverages to a minor because of|Failure to request proper identification, Commission has no authority to adopt rule which would establish rebuttable presumption that a licensee or permittee had "knowingly" sold alcoholic beverages to a minor because of|Knowingly

DM-0289
Dan Morales

Alcoholic beverage sales, whether and to what extent municipal ordinance may regulate location of|On-premise sale|Alcoholic beverage sales, preemption of municipal ordinance regulating location of|Regulation by municipality of premises or businesses licensed to sell alcohol, whether and to what extent permissible

DM-0293
Dan Morales

Alcoholic beverage licensee or permittee, authority to possess firearm on the premises for the purpose of self-defense|Licensee or permittee, authority to possess firearm on the premises for the purpose of self-defense

DM-0306
Dan Morales

Gallonage limit, there is none on sales of wine by winery permit holder|Winery permit holder, no gallonage limit on sales of wine by|Winery permit holder, no gallonage limit on sale of wine

DM-0310
Dan Morales

Alcoholic Beverage Commission, member of may not directly or indirectly invest in business engaged in sale of alcoholic beverages|Business engaged in sale of alcoholic beverages, member of Alcoholic Beverage Commission may not directly or indirectly invest in|Investment in business engaged in sale of alcoholic beverages, Commission member may not make|Alcoholic beverage business

DM-0320
Dan Morales

Jurisdiction of Alcoholic Beverage Code prosecutions of minors|Justice court jurisdiction of prosecution for (1) offense with nonfine sanction; (2) offense punishable by maximum fine exceeding $500|Justice court jurisdiction over prosecutions of minors under Alcoholic Beverage Code|Alcoholic beverages, justice court's jurisdiction over minor's possession of

DM-0361
Dan Morales

Residency requirement for applicants for liquor license, constitutionality of|Liquor license applicants, constitutionality of residency requirement for

DM-0427
Dan Morales

Alcoholic beverage offenses involving minors, jurisdiction|Alcoholic beverage offenses involving minors, justice and municipal court jurisdiction|Community service in rural areas as alternative to alcohol awareness course, imposition of criminal punishment in some venues that may not be imposed in others violates due process and equal protection guarantees|Offenses, constitutionality of community service in rural areas as alternative to alcohol awareness course|Possession, consumption, and purchase by minors, justice and municipal court jurisdiction

JC-0423
John Cornyn

Magnetic stripe information on driver's license, statute permitting private parties to access in order to prevent violations of Alcoholic Beverage Code is not inconsistent with Federal Driver's Privacy Protection Act

JC-0446
John Cornyn

School district not required to expel student for certain alcohol and drug-related offenses occurring within 300 feet of school property|Alcohol and drug-related offenses occurring within 300 feet of school property, school district not required to expel student for

JC-0499
John Cornyn

Driver's Privacy Protection Act applies to personal information collected by the Texas Department of Safety in connection with driver's licenses|Federal Driver's Privacy Protection Act applies to personal information collected by the Texas Department of Safety in connection with driver's licenses|Electronically coded information on driver's license, private club licensed to serve alcoholic beverages may not use the magnetic strip on members' driver's licenses to obtain members' driver's license numbers in order to create or maintain club membershi|Driver's license, private club licensed to serve alcoholic beverages may not use magnetic strip on members' driver's licenses to obtain members' driver's license numbers in order to create or maintain club membership lists

JM-1133
Jim Mattox

Local option liquor election, county may not refuse to hold because per-voter reimbursement by city is insufficient to cover cost of election|Petition to hold local option liquor election, no signature may be counted if there is reason to believe it is a duplication of a name or of handwriting used in any other signature

JM-1177
Jim Mattox

Election to change local option status of a judicial precinct must be conducted in same territory that comprised precinct when local option status was established (Overrules Tex. Att'y Gen. Op. No. H-515 (1975))|Local option election to change local option status of a judicial precinct must be conducted in same territory that comprised precinct when local option status was established (Overrules Tex. Att'y Gen. Op. No. H-515 (1975))

JM-1235
Jim Mattox

Mixed beverage permits, application forms for may be distributed among certain public officials without thereby making them public under Open Records Act