Texas Codes

Tex. Alco. Bev. Code § 28.01 (2026)

Authorized Activities

✓ current as of May 2026

Find cases: SyfertCases citing this section TX-LEGstatutes.capitol.texas.gov Justiaon Justia CornellLII Search CasesGoogle Scholar

Sec. 28.01. AUTHORIZED ACTIVITIES.

(a) The holder of a mixed beverage permit may sell, offer for sale, and possess mixed beverages, including distilled spirits, for consumption on the licensed premises:

(1) from sealed containers containing not less than one fluid ounce nor more than two fluid ounces or of any legal size; and

(2) from unsealed containers.

(b) The holder of a mixed beverage permit for an establishment in a hotel may deliver mixed beverages, including wine and malt beverages, to individual rooms of the hotel or to any other location in the hotel building or grounds, except a parking area or the licensed premises of another alcoholic beverage establishment, without regard to whether the place of delivery is part of the licensed premises. A permittee in a hotel may allow a patron or visitor to enter or leave the licensed premises, even though the patron or visitor possesses an alcoholic beverage, if the beverage is in an open container and appears to be possessed for present consumption.

(1) purchase wine and malt beverages containing alcohol of not more than 24 percent by volume in containers of any legal size from any permittee or licensee authorized to sell those beverages for resale; and

(2) sell the wine and malt beverages for consumption on the licensed premises.

Acts 1977, 65th Leg., p. 429, ch. 194, Sec. 1, eff. Sept. 1, 1977. Amended by Acts 1977, 65th Leg., p. 1182, ch. 453, Sec. 4, eff. Sept. 1, 1977; Acts 1979, 66th Leg., p. 111, ch. 70, Sec. 1, eff. Aug. 27, 1979.

Amended by:

Acts 2019, 86th Leg., R.S., Ch. 50 (H.B. 2016), Sec. 2, eff. September 1, 2019.

Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 119, eff. September 1, 2021.

Notes of Decisions

Cited in 5 cases, 1992–2003 · leading case: Ran Ken, Inc. v. Schlapper, 963 S.W.2d 102 (Tex. App. 1998).

Sort: Relevance Newest Treatment

Ran Ken, Inc. v. Schlapper, 963 S.W.2d 102 (Tex. App. 1998). “See Tex. Alco. Bev.Code Ann. § 28.01 (West 1995).”

Texas Alcoholic Beverage Comm'n v. Mini, Inc., 832 S.W.2d 147 (Tex. App. 1992). “Tex.Alco.Bev.Code Ann. §§ 28.01, 29.01, 44.”

Phillips v. State, 109 S.W.3d 562 (Tex. App. 2003). “Tex. Alco. Bev.Code Ann. § 28.01 (Vernon 1995).”

Carol Phillips v. State (Tex. App. 2003). “Tex. Alco. Bev. Code Ann. § 28.01 (Vernon 1995).”

Ran Ken, Inc. v. Cindy Schlapper (Tex. App. 1998). “See Tex. Alco. Bev. Code Ann. § 28.01 (West 1995).”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.