Sec. 28.18.  FOOD AND BEVERAGE CERTIFICATE.  (a)  In this section, "location" means the designated physical address of the mixed beverage permit and includes all areas at the address where the permit holder may sell or deliver alcoholic beverages for immediate consumption regardless of whether some of those areas are occupied by other businesses.
(a-1)  A holder of a mixed beverage permit may be issued a food and beverage certificate by the commission if:
(1)  the permit holder is a restaurant; or
(2)  the commission finds that the receipts from the sale of alcoholic beverages by the permit holder at the location are 60 percent or less of the total receipts from the location.
(b)  A food and beverage certificate may not be issued unless the location has permanent food service facilities for the preparation and service of multiple entrees for consumption at the location.
(b-1)  The commission shall adopt rules requiring the holder of a food and beverage certificate to assure that permanent food service facilities for the preparation and service of multiple entrees for consumption at the location are available at the location.  The commission may exempt permittees who are concessionaires in public entertainment venues such as sports stadiums and convention centers from Subsections (a-1) and (b).
(c)  The fee for a food and beverage certificate shall be set at a level sufficient to recover the cost of issuing the certificate and administering this section.
(d)  Repealed by Acts 2017, 85th Leg., R.S., Ch. 466 (H.B. 2101), Sec. 5, eff. September 1, 2017.
(e)  A certificate issued under this section expires on the expiration of the primary mixed beverage permit.  A certificate may be canceled at any time, and the renewal of a certificate may be denied, if the commission finds that the holder of the certificate is in violation of Subsection (a-1) or (b) or a rule adopted under Subsection (b-1).  On finding that the permittee knowingly operated under a food and beverage certificate while not complying with this section or a rule adopted under Subsection (b-1), the commission may cancel or deny the renewal of the permittee's mixed beverage permit.  A mixed beverage permit issued in an area where the legal sale of mixed beverages was authorized by a local option election under Section 501.035(b)(9), Election Code, is canceled by operation of law if the food and beverage certificate is canceled or is not renewed.  The holder of a mixed beverage permit whose certificate has been canceled or who is denied renewal of a certificate under this subsection may not apply for a new certificate until the day after the first anniversary of the date the certificate was canceled or the renewal of the certificate was denied.
(f)  Section 11.11 does not apply to the holder of a food and beverage certificate.
Added by Acts 1995, 74th Leg., ch. 1060, Sec. 6, eff. Aug. 28, 1995.  Amended by Acts 2001, 77th Leg., ch. 853, Sec. 2, eff. Sept. 1, 2001;  Acts 2001, 77th Leg., ch. 1045, Sec. 2, eff. Sept. 1, 2001.
Amended by: 
Acts 2017, 85th Leg., R.S., Ch. 466 (H.B. 2101), Sec. 2, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 466 (H.B. 2101), Sec. 5, eff. September 1, 2017.
Acts 2021, 87th Leg., R.S., Ch. 305 (S.B. 911), Sec. 3, eff. January 1, 2022.