Tex. Codes » Alcoholic Beverage Code · TITLE 4. REGULATORY AND PENAL PROVISIONS · CHAPTER 101. GENERAL CRIMINAL PROVISIONS
Texas Codes

Tex. Alco. Bev. Code § 101.72 (2026)

Consumption Of Alcoholic Beverage On Premises Licensed For Off-premises Consumption

✓ current as of May 2026
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Sec. 101.72. CONSUMPTION OF ALCOHOLIC BEVERAGE ON PREMISES LICENSED FOR OFF-PREMISES CONSUMPTION. (a) A person commits an offense if the person knowingly consumes liquor or malt beverages on the premises of a holder of a wine and malt beverage retailer's off-premise permit or a retail dealer's off-premise license.

(b) A person is presumed to have knowingly violated Subsection (a) of this section if the warning sign required by either Section 26.05 or 71.10 of this code is displayed on the premises.

(c) Except as provided in Subsection (d) of this section, a violation of this section is a misdemeanor punishable by a fine of not less than $25 nor more than $200.

(d) If a person has been convicted of a violation of this section occurring within a year of a subsequent violation, the subsequent violation is a misdemeanor punishable by a fine of not less than $100 nor more than $200.

Added by Acts 1983, 68th Leg., p. 2212, ch. 414, Sec. 5, eff. Sept. 1, 1983.

Amended by:

Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 280, eff. September 1, 2021.

Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 2019–2024 · leading case: Jamie Fuentez Ramirez v. the State of Texas (Tex. App. 2024).
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Alton Darrell Brown v. State (Tex. App. 2019). “” TEX. ALCO. BEV. CODE ANN. § 101.72(a). -3- 04-18-00763-CR DISCUSSION In his brief, Brown asserts Detective Thompson did not have probable cause to arrest him because he “admitted to only having a hunch that [Brown] may have had a beer in his hand.”
Jamie Fuentez Ramirez v. the State of Texas (Tex. App. 2024). “Tex. Alco. Bev. Code Ann. § 101.72 (a). 3 her, and she relayed to police, that “he was going to start shooting if [they] didn’t stop yelling at him.”
Tex. Alco. Bev. Code § 101.72(a): 1 case
Alton Darrell Brown v. State (Tex. App. 2019). “” TEX. ALCO. BEV. CODE ANN. § 101.72(a). -3- 04-18-00763-CR DISCUSSION In his brief, Brown asserts Detective Thompson did not have probable cause to arrest him because he “admitted to only having a hunch that [Brown] may have had a beer in his hand.”
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