Wine and Beer Retailer's Off-Premise Permit (BQ)
Texas Alcoholic Beverage Commission

 

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Know your responsibilities for a

Wine and Beer Retailer's Off-Premise Permit (BQ)

 

 

 

 

 

 

When you reach the end of the course you will need to print out a Certificate of Completion.

If you do not have access to a printer or cannot print the certificate, please contact your local TABC Office to schedule an appointment.

To view this course correctly you will need to maximize your web browser.

When going through each of the screens, you will need to scroll down on some slides to view all the text.

Don't forget to deliver the printed certificate to your local TABC office and maintain a copy for your records.

 

 

The Selling of Alcohol

A Wine and Beer Retailer's Off-Premise permittee (BQ) is authorized to sell beer, ale or malt liquor and wine up to 14% or 17% alcohol by volume to the consumer for off premise consumption only. The percentage of alcohol by volume is determined by the local option election in the area where the premise is located. The percentage you are authorized to sell will be printed on the face of the permit.

 

 

 

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No one can possess an open container of alcoholic beverages on or near your licensed premise. Premise means the grounds and all buildings at the licensed address, as well as all adjacent premises, if they are directly or indirectly under your control.

 

 

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Product Samplings

The permittee is permitted to conduct free product samplings of wine, beer and malt liquor on the licensed premise in compliance with Section 26.08 of the Alcoholic Beverage Code. An employee of the BQ may open, touch, or pour wine, beer, or malt liquor, make a presentation, or answer questions at a sampling event.

 

Any open containers of alcoholic beverages remaining from the conclusion of the sampling event must be immediately destroyed or removed from the premise.

 

 

Cash Law

Beer may only be purchased from beer distributors (BB/BC/BD), Brewer's (B) who also holds a Brewer's Self-Distribution permit (DA) or Manufacturer's (BA) who also holds a Self-Distribution license (DB). Beer along with other malt beverages (ale & malt liquor if purchased from a Wholesaler (W) that also holds a beer distributors (BB/BC/BD) license), are subject to cash law and must be paid for in cash (no credit), on or before delivery. If you give a check in lieu of cash and it is dishonored, the seller of the beer is required by law to report any dishonored check to the commission.

 

An action to cancel or suspend a permit may be initiated for repeat violations of cash law.

 

As a retailer you cannot purchase or acquire beer from another type of retailer.

 

 

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Credit Law

Wine may only be purchased from the holder of a Wholesaler's Permit (W) and is subject to credit law. Ale and malt liquor may only be purchased from the holder of a Wholesaler's Permit (W) that does not also hold a beer distributors (BB/BC/BD) license and is subject to credit law.

 

  • These alcoholic beverages, if purchased between the 1st and 15th of the month, must be paid for by the 25th of the month.
  • If they are purchased between the 16th and the last day of the month, they must be paid for by the 10th of the following month.

 

If not paid timely, the Wholesaler (W) is required by statute to report this non-payment to the commission and your permit will be placed on the agency's internet based credit law delinquent list until the reporting wholesaler notifies the commission that you have paid in full. An action to cancel or suspend a permit may be initiated for repeat violations of being on the credit law delinquent list.

 

While the retailer is on the credit law delinquent list, no Wholesaler (W) is permitted to sell to the retailer. If the retailer purchases while on the delinquent list, the commission will take administrative action against the retailer's permit.

Alcoholic beverages damaged or determined to be unfit for human consumption while in the possession of the retailer, must be destroyed by the retailer and cannot be exchanged or returned to the seller for credit or refund.

Invoices for the purchase of all alcoholic beverages by the retailer must be maintained for a period of four years from the date of delivery. Invoices must be signed by the retailer upon delivery of the product.

 

Hours of Sale

 

Wine and Beer may be sold during the following hours:

  • 7:00 AM to 12:00 Midnight, Monday through Friday
  • 7:00 AM Saturday to 1:00 AM, Sunday
  • 12:00 Noon to 12:00 Midnight, Sunday

 

 

 

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Employees

There is no minimum age for your employees to sell or otherwise handle wine and beer while working on your premises.

 

Selling to Minors

 

You or your employees cannot sell, serve, or give alcoholic beverages to anyone under 21 years of age.

The only defense in the Texas Alcoholic Beverage Code against a charge for selling an alcoholic beverage to a minor states, a person who sells a minor an alcoholic beverage does not commit an offense if the minor falsely represents himself to be 21 years old or older by displaying an apparently valid proof of identification that contains a physical description and photograph consistent with the minor's appearance, purports to establish that the minor is 21 years of age or older, and was issued by a governmental agency. The proof of identification may include a driver's license or identification card issued by the Department of Public Safety, a passport, or military identification card.

 

The Texas Alcoholic Beverage Commission and/or your local law enforcement agency often conduct minor stings. Minors are sent into your establishment under the supervision of a peace officer in an attempt to purchase and obtain an alcoholic beverage to ensure voluntary compliance of state law.

 

 

 

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Sale to an Intoxicated Person

You may not sell an alcoholic beverage to an intoxicated person.

Your permit can be suspended or cancelled for the sale, service or delivery of an alcoholic beverage to an intoxicated person.

 

Reporting Disturbances

You and your employees are responsible for the supervision of all persons permitted on the licensed premises. At the first sign of an argument or trouble between your customers, you should require those customers involved to immediately leave the premises. If necessary, call the local law enforcement authority to have them removed.

If a breach of the peace (a disturbance, fight or other violent act) occurs on your premises between any customer(s) and/or employee(s), you must notify the local TABC office as soon as possible, but not later than five (5) calendar days after the incident. If a shooting, stabbing or murder, or an incident involving serious bodily injury occurs on the licensed premise, you must notify the local TABC office not later than 24 hours from the time of the incident.

Any authorized representative of the Texas Alcoholic Beverage Commission or any other peace officer has the right and authority to enter your premise and make an inspection of your entire premises for violation of the Texas Alcoholic Beverage Code/Rules.

 

 

 

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The Permit

Your permit must be displayed in a conspicuous place at all times. It expires two (2) years from the date it was issued and it is your responsibility to renew it prior to expiration. The expiration date is printed on the face of your permit. Prior to expiration, a courtesy renewal is mailed to your mailing address on file. The commission cannot guarantee that the renewal will be delivered by the post office. If you do not receive your renewal form, contact your local TABC office or you can obtain the form(s) from our website. There is a 30 day grace period to renew after expiration, however you may not resume selling alcoholic beverages until the renewal is filed and the appropriate fees and late fees are paid. If you engage in activity during the grace period without the appropriate fees being paid, your permit is subject to administrative action.

 

You now have the option to renew online!!

 

You cannot sell or transfer your permit or let anyone else operate with it. If you anticipate any type of change not limited to; trade name, address, officer, stockholder or entity please contact your local TABC office for direction and procedures prior to beginning any change. Failure to comply with the statutes governing such changes may result in a delay of business operation or administrative action against your permit.

 

 

 

Signs

The commission will determine which sign you must post from information provided on your original application, as well as your renewal applications. These signs are available from the Texas Alcoholic Beverage Commission at no charge, or you can choose to have the sign made as long as the sign meets the below size/word requirements.

 

 

 

Consumption Warning Sign

You are required to display in a prominent place, a sign stating in letters at least two inches high: IT IS A CRIME (MISDEMEANOR) TO CONSUME LIQUOR OR BEER ON THESE PREMISES. Even though the sign is posted, it is still your responsibility to ensure that no one on your premises consumes an alcoholic beverage. The only legal exception is the consumption of alcoholic beverages during an organized free product sampling event. The sign will be provided to you at no charge from the Texas Alcoholic Beverage Commission.

 

 

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Notice (Weapons Sign)

You are required to post a sign at each entrance of your licensed premises informing persons that the unlicensed possession of a weapon on the premises is a felony. The sign will be provided to you at no charge from the Texas Alcoholic Beverage Commission.

 

 

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Human Trafficking Hotline Number Sign

Must be displayed in a prominent place on your premise, unless you hold a food and beverage permit. The sign must be in both English and Spanish. Signs are provided to you at no charge from the Texas Alcoholic Beverage Commission.

 

 

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Public Information/Complaint Sign

Must be posted in a prominent place on your premises. The sign shall be no smaller than 6" X 3 1/2" and state the following: "If you have a complaint about the sale or service of alcoholic beverages in this establishment, please contact the Texas Alcoholic Beverage Commission at P. O. Box 13127, Austin, Texas, 78711-3127, or phone 1-888-THE-TABC

Complaints@tabc.texas.gov".

 

 

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Outdoor Advertising

Outdoor advertising consists of the placement of any sign on the outside of your building, or on the inside within 5 feet of a window which can be seen from the outside. You may have only one sign which reads "Beer," "Beer to Go," "Beer and Wine," "Beer and Wine to Go," "Beer, Wine and Ale," or "Beer, Wine and Ale to Go" and the letters cannot exceed 12 inches in height.

You may not advertise prices, brand names, sizes, etc. on the outside of your building.

 

Educational Programs

The Texas Alcoholic Beverage Commission has developed educational programs to assist in your efforts to voluntarily comply with the law. Agents are available to come to your place of business to help instruct you and your employees concerning the laws that apply to your business. Your local TABC Office will have information concerning this project.

 

 

 

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Seller-Server Training

The commission approves seller-server training programs sponsored by private businesses and issues certificates to individuals who successfully complete the program. The program covers the laws concerning the sale or service of alcoholic beverages to minors and intoxicated persons, as well as techniques used to prevent such sales.

Depending on the prior violation history of your permit, the actions of an employee may not be attributable to the employer and the employer may claim an exemption from administrative action if:

  1. The employer requires only those engaged in the sale, service, or delivery, including managers, to successfully complete a commission-approved seller-server training program within 30 days of their initial employment,
  2. The employee that has committed the violation has completed the program and has a current certificate prior to the violation, and
  3. The employer has not directly or indirectly encouraged the employee to violate such law.

The commission shall require the permittee to produce evidence indicating that the above three criteria were met. Such evidence shall indicate that the permittee had adopted policies. These policies and procedures should be designed to prevent the sale, service and consumption of alcoholic beverages by minors and sale or service to intoxicated persons. The policy should also express a strong commitment by the permittee to prohibit such sales, service and consumption. In addition, the permittee should have had the employee acknowledge in writing that they have read and understood the policies and procedures.

These policies and procedures should be designed to prevent the sale, service and consumption of alcoholic beverages by minors and sale or service to intoxicated persons. The policy should also express a strong commitment by the permittee to prohibit such sales, service and consumption.

In addition, the permittee should have had the employee acknowledge in writing that they have read and understood the policies and procedures.

A current list of commission approved seller-server training schools is available on our website.

Local Fees and Taxes

The governing body of a city or town may levy and collect a fee not to exceed one-half the state fee for permits issued for premises located within the city or town. The commissioners court of a county may levy and collect a fee equal to one-half of the state fee for each permit issued for premises located within the county. Those authorities may not levy or collect any other fee or tax from the permittee except general ad valorem taxes, the hotel occupancy tax levied under Chapter 351, Tax Code, and the local sales and use tax levied under Chapter 321, Tax Code. The commission or administrator may cancel a permit if it finds that the permittee has not paid a fee levied as described above. A permittee who sells an alcoholic beverage without first having paid a fee levied as described commits a misdemeanor punishable by a fine of not less than $10 nor more than $200.

 

 

 

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Cancel or Deny Permit

The commission or administrator may cancel or deny a permit for the retail sale or service of alcoholic beverages, including a permit held by the holder of a food and beverage certificate, if it finds that the permit holder or applicant has not paid delinquent ad valorem taxes due on that permitted premises or due from a business operated on that premises to any taxing authority in the county of the premises. A permit holder or applicant is presumed delinquent in the payment of taxes due if the permit holder or applicant:

 

  1. is placed on a delinquent tax roll prepared under Section 33.03, Tax Code;
  2. has received a notice of delinquency under Section 33.04, Tax Code; and
  3. has not made payment required under Section 42.08, Tax Cod

 

Forfeiture of Conduct Surety Bond

Forfeiture of Conduct Surety Bond (Rule 33.24): (Only if location is within 1,000 feet of a public school)

  • When a license or permit is cancelled or there are three or more violations of the Alcoholic Beverage Code while the conduct surety bond is in place, the commission shall notify the licensee or permittee, in writing, of its intent to seek forfeiture of the bond.
  • Licensee or permittee may, within thirty days of the notice request a hearing on the question of whether the criteria for the forfeiture of the bond have been satisfied.
  • Upon entry of final order against the licensee or permittee in the hearing, the commission shall notify the surety company, bank or credit union to remit to the state the amount of surety required within ten days after notification.

 

 

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Congratulations!

NOTE: By printing and signing this certificate you are acknowledging that you have completed the Responsibilities Course for a Wine and Beer Retailer's Off-Premise Permit.

 

This course is only one part of your original application process and a copy of the printed certificate must be delivered to your local TABC office.

 

 

 

 

 

 

 

 

 

If you have questions concerning your responsibilities for holding this permit, contact your local TABC office to schedule an appointment. Don't forget to deliver the printed certificate to your local TABC office and maintain a copy for your records.

 

 

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