Tex. Alco. Bev. Code § 104.01

Current with legislation from the 2023 Regular and Special Sessions signed by the Governor as of November 21, 2023.

Section 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.

(c) In this section, "synthetic cannabinoid" means a substance included in Penalty Group 2-A under Section 481.1031, Health and Safety Code.

Tex. Alco. Bev. Code § 104.01

Amended by Acts 2019, Texas Acts of the 86th Leg.- Regular Session, ch. 1359,Sec. 321, eff. 9/1/2021.

Amended by Acts 2017, Texas Acts of the 85th Leg. - Regular Session, ch. 539,Sec. 2, eff. 9/1/2017.

Amended by Acts 2015, Texas Acts of the 84th Leg. - Regular Session, ch. 825,Sec. 2, eff. 9/1/2015.

Amended by Acts 1989, 71st Leg., ch. 1200, Sec. 2, eff. 6/16/1989.

Amended by Acts 1987, 70th Leg., ch. 303, Sec. 7, eff. 6/11/1987

Amended by Acts 1979, 66th Leg., p. 204, ch. 114, Sec. 1, eff. 8/27/1979

Acts 1977, 65th Leg., p. 510, ch. 194, Sec. 1, eff. 9/1/1977.