Texas Alcoholic Beverage Code
Sec. § 104.02
Blinds and Barriers


(a)

No person may install or maintain a blind or barrier in the opening or door of a retail alcoholic beverage establishment or paint the windows, at or above a point 54 inches above the ground or sidewalk beneath the window, in a manner that will obstruct the view of the general public.
Sec. 104.01. LEWD, IMMORAL, INDECENT CONDUCT.

(a)

No person authorized to sell beer at retail, nor the persons agent, servant, or employee, may engage in or permit conduct on the premises of the retailer which is lewd, immoral, or offensive to public decency, including, but not limited to, 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 retailers 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.

(a)

A person authorized to sell malt beverages at retail, or the persons 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 retailers 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 retailers 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.
Acts 1977, 65th Leg., p. 510, ch. 194, Sec. 1, eff. Sept. 1, 1977. Amended by Acts 1979, 66th Leg., p. 204, ch. 114, Sec. 1, eff. Aug. 27, 1979; Acts 1987, 70th Leg., ch. 303, Sec. 7, eff. June 11, 1987; Acts 1989, 71st Leg., ch. 1200, Sec. 2, eff. June 16, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 825 (H.B. 3982), Sec. 2, eff. September 1, 2015.
Acts 2017, 85th Leg., R.S., Ch. 539 (S.B. 341), Sec. 2, eff. September 1, 2017.
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 321, eff. September 1, 2021.

(b)

No person may install or maintain a curtain, hanging, sign, or other obstruction that prevents a clear view of the interior of a package store or wine only package store, except a drug store that holds one of those permits may display drug merchandise notwithstanding this subsection.
Acts 1977, 65th Leg., p. 511, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Source
Last accessed
Oct. 21, 2019