| (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.
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| Source Note: 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 to be effective February 17, 2021, 46 TexReg 1054 |
