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ALCOHOLIC BEVERAGE CODE CHAPTER 101. GENERAL CRIMINAL PROVISIONS

Chapter 101: General Criminal Provisions

Subchapter A: Procedural Provisions

Sec. 101.01: Restraining Orders and Injunctions

  • Affidavit Requirement: Any credible individual can inform legal authorities (Attorney General or County Attorney) about violations of the Alcoholic Beverage Code, triggering court proceedings.

  • Court Orders: Courts can issue restraining orders without a hearing and may grant injunctions to prevent such violations. A bond may be required from the complaining party.

  • Consequences of Violation: If a restraining order is violated, the court cancels any licenses or permits held by the violator without further proceedings.

  • License Reissuance: A person whose license is canceled may not receive a new license until one year has passed.

Sec. 101.02: Arrest Without Warrant

  • Peace Officer Powers: Officers can arrest individuals committing violations of the code without needing a warrant and seize illicit beverages in their possession.

Sec. 101.03: Search and Seizure

  • Search Warrant Conditions: Warrants may be issued to search for and seize illicit beverages, manufacturing equipment, and counterfeit materials.

    • Private Residence Search: If searching a private residence not used for commercial purposes, affidavits must be presented by two credible persons.

  • Execution of Warrant: Officers must retain seized items until final judgment.

Subchapter B: Offenses Relating to Dry Areas

Sec. 101.31: Alcoholic Beverages in Dry Areas

  • Manufacturing and Possession: Prohibits any actions regarding alcoholic beverages in dry areas, including selling, manufacturing, or possessing with intent to sell.

  • Offense Classification: Violations are considered Class B misdemeanors, escalating to state jail felonies for repeat offenders.

Subchapter C: Containers

Sec. 101.41: Containers, Packaging, and Dispensing Equipment of Malt Beverages

  • Label Requirements: All malt beverage containers must clearly display the brewer’s name, address, net contents, and alcohol content.

  • Misleading Labels: Containers may not have misleading labels related to brewing or aging processes.

Sec. 101.43: Misbranding of Brewery Product

  • Definition of Misbranding: A brewery product is considered misbranded if it misrepresents its quality or fails to meet federal standards.

Sec. 101.45: Containers of Wine - Maximum Capacity

  • Retail Restrictions: Wine sold to retailers must not exceed 15.5 gallons in capacity.

Sec. 101.46: Containers of Liquor - Minimum Capacities

  • Container Regulations: Liquor containers must contain no less than 20 milliliters, with specific exceptions noted for certain permit holders.

Subchapter D: Miscellaneous Offenses

Sec. 101.61: Violation of Code or Rule

  • Non-Compliance: Any failure to comply with the Alcoholic Beverage Code or the Commission's rules constitutes a violation.

Sec. 101.63: Sale or Delivery to Certain Persons

  • Prohibited Sales: Selling to habitual drunkards or intoxicated individuals is an offense, leading to misdemeanors with specified penalties.

Sec. 101.65: Beverages Made from Certain Materials Prohibited

  • Manufacturing Prohibitions: Manufacturing and selling beverages made from synthetic materials or prohibited wines is illegal.

Sec. 101.70: Common Nuisance

  • Definition and Penalties: Establishments where violations occur constitute a common nuisance, which can lead to abatement actions initiated by authorities.

This outline covers the main aspects of the Alcoholic Beverage Code, including procedural provisions and various offenses related to alcoholic beverages.