Texas Alcoholic Beverage Code 108.82 – Alcoholic Beverage Consumption in Public Entertainment Facilities and Zones
(a) This section applies only to:
(1) a public entertainment facility that is owned or leased by the Texas State Railroad Authority and used as a station for passenger rail services;
(2) a public entertainment facility that is a stadium, arena, or other permanent structure that is used for sporting events and:
(A) relating to which an agreement approved by the administrator under § 108.79 is in force; and
(B) for which all alcoholic beverage permits and licenses are held by a single holder; or
(3) a public entertainment zone.
(b) Notwithstanding § 28.10, the concessionaire for a public entertainment facility or a public entertainment zone described by Subsection (a) may allow a patron who possesses an alcoholic beverage to enter or leave a licensed or permitted premises within the facility or zone if the alcoholic beverage:
(1) is in an open container, as defined by § 49.031, Penal Code;
(2) appears to be possessed for present consumption;
(3) except as provided by § 48.04(e), remains within the confines of the facility or zone, excluding a parking lot; and
(4) was purchased legally at a licensed or permitted premises within the facility or zone.
Terms Used In Texas Alcoholic Beverage Code 108.82
- 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
- Licensee: means a person who is the holder of a license provided in this code, or any agent, servant, or employee of that person. See Texas Alcoholic Beverage Code 1.04
- Permittee: means a person who is the holder of a permit provided for in this code, or an agent, servant, or employee of that person. See Texas Alcoholic Beverage Code 1.04
- Premises: has the meaning given it in § 11. See Texas Alcoholic Beverage Code 1.04
(c) A license or permit may be issued for a premises located in a facility described by Subsection (a)(1) in an area in which the sale of alcoholic beverages has not been authorized by a local option election if the area has been annexed by a municipality in which the sale of alcoholic beverages has been authorized by a local option election. A facility described by this subsection has the same local option status as the municipality.
(d) For a facility described by Subsection (a)(1), a concessionaire under Subsection (b) may include a licensee or permittee of the manufacturing tier.