Tex.
Alcoh. Bev. Code Section 57.02
Determination of Delivery Area
(a)
In determining whether the sale of an alcoholic beverage is legal in an area for purposes of Section 57.01 (Authorized Activities), a person who sells or delivers an alcoholic beverage under that section may consult a map or other publicly available information produced by the commission for the purpose of establishing where the sale of alcoholic beverages is legal.(b)
The holder of a consumer delivery permit may make deliveries of alcoholic beverages:(1)
only in response to bona fide orders placed by the consumer under Section 57.01 (Authorized Activities); and(2)
only in areas where the sale of the beverages is legal in:(A)
the county in which the premises of the retailer making the sale is located;(B)
the city or town in which the premises of the retailer making the sale is located, if the retailer is located in a city or town; or(C)
an area not further than two miles beyond the municipal boundary of the city or town in which the premises of the retailer is located, if applicable.(c)
It is a defense to a prosecution alleging that an individual delivered an alcoholic beverage under this chapter to an address located in an area that is dry for the type of beverage delivered that:(1)
the individual or the holder of a consumer delivery permit relied on publicly available information produced by the commission relating to the wet or dry classification of the address; and(2)
the information indicated that the address to which the beverage was delivered was classified as wet for the type of beverage delivered on the date of the delivery.
Source:
Section 57.02 — Determination of Delivery Area, https://statutes.capitol.texas.gov/Docs/AL/htm/AL.57.htm#57.02 (accessed Jun. 5, 2024).
