Texas Alcoholic Beverage Code 104.01 – Lewd, Immoral, Indecent Conduct
(a) A person authorized to sell malt beverages at retail, or the person’s agent, servant, or employee, may not engage in or permit conduct on the premises of the retailer which is lewd, immoral, or offensive to public decency, including any of the following acts:
(1) the use of loud and vociferous or obscene, vulgar, or indecent language, or permitting its use;
(2) the exposure of a person or permitting a person to expose himself or herself;
(3) rudely displaying or permitting a person to rudely display a pistol or other deadly weapon in a manner calculated to disturb persons in the retail establishment;
(4) solicitation of any person to buy drinks for consumption by the retailer or any of the retailer’s employees;
(5) being intoxicated on the licensed premises;
(6) permitting lewd or vulgar entertainment or acts;
(7) permitting solicitations of persons for immoral or sexual purposes;
(8) failing or refusing to comply with state or municipal health or sanitary laws or ordinances; or
(9) possession of a narcotic or synthetic cannabinoid or any equipment used or designed for the administering of a narcotic or a synthetic cannabinoid or permitting a person on the licensed premises to do so.
(b) For purposes of Subsection (a)(4), a solicitation is presumed if an alcoholic beverage is sold or offered for sale for an amount in excess of the retailer’s listed, advertised, or customary price. The presumption may be rebutted only by evidence presented under oath.
Terms Used In Texas Alcoholic Beverage Code 104.01
- Alcoholic beverage: means alcohol, or any beverage containing more than one-half of one percent of alcohol by volume, which is capable of use for beverage purposes, either alone or when diluted. See Texas Alcoholic Beverage Code 1.04
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: means a natural person or association of natural persons, trustee, receiver, partnership, corporation, organization, or the manager, agent, servant, or employee of any of them. See Texas Alcoholic Beverage Code 1.04
- Premises: has the meaning given it in § 11. See Texas Alcoholic Beverage Code 1.04
(c) In this section, “synthetic cannabinoid” means a substance included in Penalty Group 2-A under § 481.1031, Health and Safety Code.