| (a) This rule is adopted to prohibit those practices by on-premise
retail 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.
(b) Excessive consumption of alcoholic beverages shall be determined
by the standard of public intoxication articulated in §49.02 of the Penal
Code.
(c) Retail licensees and permittees 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)(7) 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; or
(2) a caterer's or other temporary permit or license is used
for a private party or a meeting of a particular organization.
(e) Notwithstanding the provisions of (c)(1) through (c)(7)
of this rule, 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;
(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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