16 Tex. Admin. Code § 45.103 - On-Premises Promotions

(a) This rule is adopted to prohibit those practices by on-premise establishments that are reasonably calculated to result in excessive consumption of alcoholic beverages by consumers. Such practices constitute a manner of operation contrary to the public welfare, health and safety of the people in violation of §§ 11.61(b)(7) and 61.71(a)(17) of the Alcoholic Beverage Code. Nothing in this section shall be construed to relieve a person serving alcoholic beverages from responsibility under the Alcoholic Beverage Code and commission rules to refrain from serving alcoholic beverages to an intoxicated or underage consumer.

(b) Excessive consumption of alcoholic beverages shall be determined by the standard of public intoxication articulated in § 49.02 of the Penal Code.

(c) Licensees and permittees authorized to sell or serve alcoholic beverages for on-premises consumption may not:

(1) serve, sell, or offer to serve or sell, two or more open containers of alcoholic beverages at a price less than the number of containers actually sold or served;

(2) increase the volume of alcohol contained in a drink without increasing proportionally the price thereof;

(3) serve or offer to serve more than one free alcoholic beverage to any identifiable segment of the population during the course of one business day. Licensees and permittees may, however, without prior advertising, give one free alcoholic beverage to individual consumers in celebration of birthdays, anniversaries or similar events;

(4) sell, serve, or offer to sell or serve an undetermined quantity of alcoholic beverages for a fixed price or "all you can drink" basis;

(5) sell, serve, or offer to sell or serve, alcoholic beverages at a reduced price to those consumers paying a fixed "buy in" price;

(6) sell, serve, or offer to sell or serve, alcoholic beverages at a price contingent on the amount of alcoholic beverages consumed by an individual;

(7) reduce drink prices after 11:00 p.m.;

(8) sell, serve or offer to sell or serve more than two drinks to a single consumer at one time;

(9) impose an entry fee, cover or door charge for the purpose of recovering financial losses incurred by the licensee or permittee because of reduced or low drink prices;

(10) conduct, sponsor or participate in, or allow any person on the licensed premises to conduct, sponsor or participate in, any game or contest to be determined by the quantity of alcoholic beverages consumed by an individual or group, or where alcoholic beverages or reduced price alcoholic beverages are awarded as prizes;

(11) engage in any practice, whether listed in this rule or not, that is reasonably calculated to induce consumers to drink alcoholic beverages to excess, or that would impair the ability of the licensee or permittee to monitor or control the consumption of alcoholic beverages by consumers.

(d) The provisions of subsections (c)(1) through (c)(8) of this section do not apply where:

(1) the permittee or licensee has entered into an agreement under the terms of which all or a portion of the licensed premises are utilized for a private party or a meeting of a particular organization;

(2) the event is a private party, charity event held on a hotel premises, or temporary charitable event authorized by Alcoholic Beverage Code § 109.58; or

(3) the licensed premises is a Public Entertainment Facility, as defined by Alcoholic Beverage Code § 108.73 and the person to whom the alcoholic beverages are served holds a ticket or other pass that includes alcoholic beverages in the price of the ticket or pass.

(e) Notwithstanding the provisions of (c)(1) through (c)(7) of this section, licensees and permittees may:

(1) offer free or reduced-price food or entertainment at any time, provided the offer is not based on the purchase of an alcoholic beverage;

(2) include alcoholic beverages as part of a meal or hotel/motel package;

(3) sell, serve or deliver wine by the bottle to individual consumers during the sale or service of a meal to the consumer; or

(4) sell, serve or deliver alcoholic beverages in pitchers, carafes, buckets or similar containers to two or more consumers at one time.

Notes

16 Tex. Admin. Code § 45.103

The provisions of this §45.103 adopted to be effective November 16, 2000, 25 TexReg 11279; amended to be effective June 18, 2015, 40 TexReg 3645; Amended by Texas Register, Volume 46, Number 07, February 12, 2021, TexReg 1054, eff. 2/17/2021