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Texas Statutes (Last Updated: January 4, 2014) |
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ALCOHOLIC BEVERAGE CODE |
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Title 4. REGULATORY AND PENAL PROVISIONS |
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Chapter 109. MISCELLANEOUS REGULATORY PROVISIONS |
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Subchapter C. LOCAL REGULATION OF ALCOHOLIC BEVERAGES |
Sec. 109.331. SALES NEAR DAY-CARE CENTER OR CHILD-CARE FACILITY
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(a) This section applies only to a permit or license holder under Chapter 25, 28, 32, 69, or 74 who does not hold a food and beverage certificate.
(b) Except as provided by this subsection, the provisions of Section 109.33 relating to a public school also apply to a day-care center and a child-care facility as those terms are defined by Section 42.002, Human Resources Code. Sections 109.33(a)(2) and (c) do not apply to a day-care center or child-care facility.
(c) This section does not apply to a permit or license holder who sells alcoholic beverages if:
(1) the permit or license holder and the day-care center or child-care facility are located on different stories of a multistory building; or
(2) the permit or license holder and the day-care center or child-care facility are located in separate buildings and either the permit or license holder or the day-care center or child-care facility is located on the second story or higher of a multistory building.
(d) This section does not apply to a foster group home, foster family home, family home, agency group home, or agency home as those terms are defined by Section 42.002, Human Resources Code.