Tex. Alcoh. Bev. Code Section 11.49
Premises Defined; Designation of Licensed Premises


(a)

In this code, “premises” means the grounds and all buildings, vehicles, and appurtenances pertaining to the grounds, including any adjacent premises if they are directly or indirectly under the control of the same person.

(b)

Subject to the approval of the commission and except as provided in Subsection (c), an applicant for a permit or license may designate a portion of the grounds, buildings, vehicles, and appurtenances to be excluded from the licensed premises.

(b-1)

If a designation under Subsection (b) has been made and approved as to the holder of a license or permit authorizing the sale of alcoholic beverages at retail or as to a private club registration permit, the sharing of space, employees, business facilities, and services with another business entity (including the permittee’s lessor, which, if a corporation, may be a domestic or foreign corporation, but excluding a business entity holding any type of winery permit, a brewer’s license, or a general or branch distributor’s license), does not constitute a subterfuge or surrender of exclusive control in violation of Section 109.53 (Citizenship of Permittee; Control of Premises; Subterfuge Ownership; Etc) or the use or display of the license for the benefit of another in violation of Section 61.71 (Grounds for Cancellation or Suspension: Retail Dealer)(a)(14). This subsection and Subsection (b) do not apply to original or renewal package store permits, wine only package store permits, local distributor’s permits, or any type of wholesaler’s permit.

(c)

An applicant for an original or renewal package store permit, wine only package store permit, local distributor’s permit, or any type of wholesaler’s permit may not take advantage of the right conferred by Subsection (b) of this section except as permitted in Section 11.50 (Licensing a Portion of a Building as Premises) or 109.53 (Citizenship of Permittee; Control of Premises; Subterfuge Ownership; Etc) of this code.

(d)

Any package store, wine only package store, wholesaler’s, or local distributor’s permittee who is injured in the permittee’s business or property by another person (other than a person in the person’s capacity as the holder of a wine and malt beverage retailer’s permit, wine and malt beverage retailer’s off-premise permit, private club registration permit, or mixed beverage permit or any person in the capacity of lessor of the holder of such a permit) by reason of anything prohibited in this section or Section 109.53 (Citizenship of Permittee; Control of Premises; Subterfuge Ownership; Etc) is entitled to the same remedies available to a package store permittee under Section 109.53 (Citizenship of Permittee; Control of Premises; Subterfuge Ownership; Etc). Except for actions brought against a person in the person’s capacity as the holder of or as the lessor of the holder of a wine and malt beverage retailer’s permit, wine and malt beverage retailer’s off-premise permit, mixed beverage permit, or private club registration permit, the statute of limitations for any action brought under this section or Section 109.53 (Citizenship of Permittee; Control of Premises; Subterfuge Ownership; Etc) for any cause of action arising after the effective date of this Act is four years unless a false affidavit has been filed with the commission in which event the statute of limitations is 10 years for all purposes.

(e)

When a designation under Subsection (b) is made by a wine and malt beverage retailer or a malt beverage retailer, selling primarily for off-premise consumption, or by a wine and malt beverage retailer’s off-premise permittee, no more than 20 percent of the retail floor and display space of the entire premises may be included in the licensed premises, and all the retail floor and display space in the licensed premises must be compact and contiguous and may not be gerrymandered. However, the retail floor and display space included in the licensed premises may be in two separate locations within the retail premises if the total retail floor and display space included in the licensed premises does not exceed 20 percent of the floor and display space of the entire premises and each of the two portions of floor and display space included in the licensed premises is itself compact and contiguous and not gerrymandered. In addition to the one or two separate locations of retail floor and display space on the premises, the licensed premises may include the cash register and check-out portions of the premises provided that (1) no alcoholic beverages are displayed in the check-out or cash register portion of the premises, and (2) the area of the check-out and cash register portions of the premises are counted towards the total of 20 percent of the retail floor and display space that may be dedicated to the sale and display of wine and malt beverages. A storage area that is not accessible or visible to the public may be included in the licensed premises but shall not be considered retail floor and display space for purposes of this section. The commission or administrator shall adopt rules to implement this subsection and to prevent gerrymandering.
Acts 1977, 65th Leg., p. 410, ch. 194, Sec. 1, eff. Sept. 1, 1977. Amended by Acts 1979, 66th Leg., p. 1443, ch. 634, Sec. 1, eff. Aug. 27, 1979.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 544 (S.B. 371), Sec. 2, eff. September 1, 2017.
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 41(a), eff. December 31, 2020.
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 41(b), eff. September 1, 2021.
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 42, eff. September 1, 2021.

Source: Section 11.49 — Premises Defined; Designation of Licensed Premises, https://statutes.­capitol.­texas.­gov/Docs/AL/htm/AL.­11.­htm#11.­49 (accessed Feb. 24, 2024).

11.01
Permit Required
11.02
Separate Permit Required
11.03
Nature of Permit
11.04
Must Display Permit
11.05
Unauthorized Use of Permit
11.06
Privileges Limited to Licensed Premises
11.07
Duplicate or Corrected Permit
11.08
Change of Location
11.09
Expiration or Suspension of Permit
11.10
Succession on Death, Bankruptcy, Etc
11.11
Conduct Surety Bond
11.12
Altering Form of Business Entity
11.13
Certain Applications Prohibited
11.015
Hearing Location
11.31
Application for Permit
11.32
Renewal Application
11.33
Application Forms
11.34
Consolidated Application
11.35
Payment of Fee
11.36
Refund of Fee
11.37
Certification of Wet or Dry Status
11.38
Local Fee Authorized
11.39
Applicant to Publish Notice
11.042
Health Risks Warning Sign
11.42
Statement of Stock Ownership
11.43
Application Review Process
11.44
Premises Ineligible for Permit or License
11.46
General Grounds for Denial
11.47
Denial of Permit: Interest in Malt Beverage Establishment
11.48
Denial of Package Store or Mixed Beverage Permit
11.49
Premises Defined
11.50
Licensing a Portion of a Building as Premises
11.51
Wholesalers May Share Delivery Vehicles
11.52
Restrictions on Location in Certain Municipalities
11.61
Cancellation or Suspension of Permit
11.62
Hearing for Cancellation or Suspension of Permit
11.63
Notice of Hearing
11.64
Alternatives to Suspension, Cancellation
11.65
Notice of Cancellation or Suspension
11.66
Suspension or Cancellation Against Retailer
11.67
Appeal from Cancellation, Suspension, or Denial of License or Permit
11.68
Activities Prohibited During Suspension
11.69
Disposal of Beverages in Bulk
11.70
Liability of Surety
11.71
Surety May Terminate Liability
11.72
Discipline for Actions of Agent
11.73
Affirmation of Compliance
11.091
Notification of Expired or Suspended Permit
11.321
Administrative Penalty in Certain Counties
11.391
Notice by Sign
11.392
Notice of Private Club Application or Renewal
11.393
Notice by Mail
11.431
Protest by Member of the Public
11.432
Protest by Government Official
11.481
Refusal of Permit Authorizing On-premises Consumption
11.492
Change of License or Permit from On-premise to Off-premise
11.493
Supplemental or Amended Designation of Premises
11.494
Supplemental Designation of Certain Areas Authorized
11.495
Conformance of Premises with the Americans with Disabilities Act
11.611
Conviction of Offense Relating to Discrimination
11.612
Cancellation of Private Club Permit
11.613
Summary Suspension of Private Club Permit
11.614
Order Suspending Permit or License
11.615
Disciplinary Action for Violation of Order
11.641
Amount of Civil Penalty

Accessed:
Feb. 24, 2024

§ 11.49’s source at texas​.gov