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Overview of the organization of the Texas Alcoholic Beverage Code 1.01
the purpose of this code is to make the general and permanent alcoholic beverage law more
accessible and understandable, by:
(1) rearranging the statutes into a more logical order;
(2) employing a format and numbering system designed to facilitate citation of the law and to
accommodate future expansion of the law;
(3) eliminating repealed, duplicative, unconstitutional, expired, executed, and other ineffective
provisions; and
(4) restating the law in modern American English to the greatest extent possible.
Alcoholic Beverage - ABC 1.04
means alcohol, or any beverage containing more than one-half of one percent of alcohol by volume,
which is capable of use for beverage purposes, either alone or when diluted.
Illicit Beverage - ABC 1.04
means an alcoholic beverage: (A) manufactured, distributed, bought, sold, bottled, rectified, blended,
treated, fortified, mixed, processed, warehoused, stored, possessed, imported, or transported in
violation of this code; (B) on which a tax imposed by the laws of this state has not been paid and to
which the tax stamp, if required, has not been affixed; or (C) possessed, kept, stored, owned, or
imported, with intent to manufacture, sell, distribute,
· Licensee - ABC 1.04
means a person who is the holder of a license provided in this code, or any agent, servant, or
employee of that person.
Permittee - ABC 1.04
means a person who is the holder of a permit provided for in this code, or an agent, servant, or
employee of that person.
Minor - ABC 106.01
means a person under 21 years of age.
Premises Defined; Designation of Licensed Premises - ABC 11.49
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.
Duty of Peace Officers - ABC 101.07
All peace officers in the state, including those of cities, counties, and state, shall enforce the
provisions of this code and cooperate with and assist the commission in detecting violations and
apprehending offenders.
Arrest w/o warrant ABC 101.02
A peace officer may arrest without a warrant any person he observes violating any provision of this
code or any rule or regulation of the commission. The officer shall take possession of all illicit
beverages the person has in his possession or on his premises as provided in Chapter 103 of this code.