Tex. Alcoh. Bev. Code Section 109.331
Sales near Day-care Center or Child-care Facility

(a)

This section applies only to a permit or license holder under Chapter 25 (Wine and Malt Beverage Retailer’s Permit), 28 (Mixed Beverage Permit), 32 (Private Club Registration Permit), 69 (Retail Dealer’s On-premise License), or 74 (Brewpub License) who does not hold a food and beverage certificate.

(b)

Except as provided by this subsection, the provisions of Section 109.33 (Sales near School, Church, or Hospital) relating to a public school also apply to a day-care center and a child-care facility as those terms are defined by Section 42.002 (Definitions), Human Resources Code. Sections 109.33 (Sales near School, Church, or Hospital)(a)(2) and (c) do not apply to a day-care center or child-care facility.

(c)

This section does not apply to a permit or license holder who sells alcoholic beverages if:

(1)

the permit or license holder and the day-care center or child-care facility are located on different stories of a multistory building; or

(2)

the permit or license holder and the day-care center or child-care facility are located in separate buildings and either the permit or license holder or the day-care center or child-care facility is located on the second story or higher of a multistory building.

(d)

This section does not apply to a family home, specialized child-care home, or agency foster home as those terms are defined by Section 42.002 (Definitions), Human Resources Code.
Added by Acts 1997, 75th Leg., ch. 723, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 317 (H.B. 7), Sec. 1, eff. September 1, 2017.

Source: Section 109.331 — Sales near Day-care Center or Child-care Facility, https://statutes.­capitol.­texas.­gov/Docs/AL/htm/AL.­109.­htm#109.­331 (accessed Apr. 29, 2024).

109.01
Sale of Salvaged or Insured Loss 109.02
Registration of Beverages with Commission 109.03
Prerequisite to Salability 109.04
Sale of Malt Beverages: Procedure 109.05
Sale of Liquor: Procedure 109.06
Purchaser’s Right to Use Beverages 109.07
Salvor May Reject Bid 109.08
Exclusion 109.09
Removal, Destruction, and Disposal of Uninsured Beverages Unfit for Consumption 109.21
Home Production of Wine or Malt Beverages 109.22
Delivery of Home-produced Wine or Malt Beverages for Certain Purposes 109.31
Municipal Regulation of Liquor 109.32
Municipal and County Regulation of Malt Beverages 109.33
Sales near School, Church, or Hospital 109.35
Orders for Prohibition on Consumption 109.36
Consumption of Alcoholic Beverages near Homeless Shelter or Substance Abuse Treatment Center 109.51
Sacramental Wine 109.52
Warehouse Receipts 109.53
Citizenship of Permittee 109.54
Festivals and Civic Celebrations 109.55
Certificate 109.56
Conviction of Offense Relating to Discrimination 109.57
Application of Code 109.58
Relaxation of Restrictions as to Charitable Events 109.59
Application of Distance Requirements 109.60
Purchases by Certain Permitees 109.61
Use of Certain Electronically Readable Information 109.62
Temporary Relocation of Distributor or Wholesaler During Emergency 109.63
Bulk Transfers Between Certain Permittees and Licensees 109.64
Bulk Purchase for Industrial Use 109.331
Sales near Day-care Center or Child-care Facility 109.531
Additional Requirements for Application or Renewal of Permit, License, or Certificate by Out-of-state Residents 109.532
Criminal History Background Checks 109.541
Tastings at Certain Festivals and Civic Celebrations
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Accessed:
Apr. 29, 2024

§ 109.331’s source at texas​.gov