APPENDIX A
The Texas Regulatory Quick-Reference Card
Laminate It and Post It Behind the Bar
This card gathers, in one place, the regulatory basics a Texas honky tonk lives by — the license types, the hours, the big liabilities, the music and gaming and drink-special rules, and the numbers to call. It is a quick reference, not the law itself: the rules summarized here are simplified, they change, and they apply differently to different venues. Use it as a memory aid and a starting point, confirm the current specifics with the relevant agency, and consult a qualified Texas attorney for your situation. The fuller explanations live in the chapters noted, and the complete disclaimers in Appendix G.
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TABC License & Permit Types
Which permit you hold governs what you can sell, when, and how. (Chapter 28.)
Permit / Certificate | What it allows |
|---|---|
Mixed Beverage (MB) | On-premise sale of distilled spirits, wine, and beer — the full-bar permit most honky tonks hold. |
Wine & Malt Beverage Retailer’s (BG) | Beer and wine only (no liquor) for on-premise consumption. |
Food & Beverage Certificate (FB) | Subordinate certificate tied to a food-serving operation; enables alcohol-to-go; carries food-to-alcohol sales-ratio rules. |
Retailer Late Hours Certificate | Extends sales to 2 a.m. (where local option allows) instead of the standard midnight. |
Permits are location- and owner-specific and non-transferable; apply through TABC’s online AIMS system; post the public-notice sign; renew on schedule.
Hours of Sale
When | On-premise sale allowed |
|---|---|
Mon–Sat | 7:00 a.m. – midnight (to 2:00 a.m. with a Late Hours Certificate, where allowed) |
Sunday | Noon – midnight (10:00 a.m.–noon only with food service; to 2:00 a.m. with Late Hours, where allowed) |
After last call | Consumption allowed for a short, fixed window (generally ~15 minutes) after sales end |
The Big Liabilities — Know These Cold
• Don’t serve minors (under 21). Among the most aggressively enforced violations; TABC runs stings. Penalties escalate to suspension or cancellation. Check IDs every time. (Ch. 28.)
• Don’t over-serve. Serving a visibly intoxicated person is a TABC violation and the trigger for dram-shop civil liability — potentially millions if an over-served patron harms someone. Train staff to cut people off. (Ch. 27/28.)
• Safe Harbor: if all sellers/servers are TABC-certified and you didn’t encourage the violation, your license may be shielded from administrative action even when an employee errs (weaker shield in civil dram-shop suits). Certify everyone. (Ch. 28.)
• Carry insurance: adequate general-liability and liquor-liability (dram-shop) coverage. Compliance lowers the odds; insurance survives the catastrophe. (Ch. 28.)
Drink Specials & Promotions — What’s Prohibited
Under TABC Rule 45.103 and related law (Chapter 17), you generally may not:
• Offer two-for-one or “all you can drink” pricing, or sell more than one drink at a time to one person.
• Offer volume discounts that encourage over-consumption, or run “ladies’ night” / gender-based pricing (a public-accommodation problem).
• Run a happy hour past 11:00 p.m. Promote any special you can’t legally run — and never advertise alcohol deceptively.
Music Licensing — The Four PROs
If live or recorded copyrighted music is performed, you owe public-performance licenses to the four performing-rights organizations: ASCAP, BMI, SESAC, and GMR. Karaoke also needs licensed tracks. Livestreaming your shows may require separate licenses. Willful infringement runs up to $150,000 per work. (Ch. 28; Appendix E.)
Games of Chance — Bingo, Raffles, Prize Games
Gambling = consideration + chance + prize. Remove any one and it’s generally legal. (Chapter 13.)
• Charitable bingo is legal only under the Bingo Enabling Act, licensed through the Texas Lottery Commission, and only for qualified organizations.
• Raffles (50/50, queen of hearts) are restricted to qualified nonprofits under the Charitable Raffle Enabling Act — a for-profit bar generally cannot run one.
• Free-to-play contests (no purchase or “consideration” required to enter) fall outside gambling — the usual safe path for a bar’s own prize games.
Key Numbers & Contacts
Fill in your local specifics, then post this card where the staff can see it.
Contact | Number / note |
|---|---|
TABC (state) | _______________ · tabc.texas.gov |
Your TABC attorney | _______________ |
Your insurance agent | _______________ |
Local police (non-emergency) | _______________ |
Local fire marshal | _______________ |
Local health department | _______________ |
Emergency | 911 |
REMEMBER — This Card Is a Starting Point, Not the Law Everything here is simplified and subject to change, and none of it is legal advice. The rules vary by permit, by city, and over time. Verify the current specifics with TABC, your local government, and the other agencies named, and keep a qualified Texas alcoholic-beverage attorney, an accountant, and an insurance agent as standing parts of your operation. When in doubt, don’t guess — call the right professional before you act. The consolidated, plain-English version of every legal caution in this book is in Appendix G. |
Put this chapter to work
Continue the lesson with connected resources
The chapter explains the principle. These resources help you practice it, document it, calculate it or train it in the room.
Use the resource that matches the decision in front of you. A tool supports judgment; it does not replace current law, venue policy, qualified professional advice or the person responsible for the operation.