AI-assisted research summary: This section limits how "wine" and "malt beverages" are defined for local option ballot issues, sets ballot issue wording for alcohol legalization or prohibition elections, bars on-premises consumption in some off-premise-only areas, and allows a wine-only package store permit in certain wine-legalized areas.
Sec. 501.035. ISSUES. (a) In the ballot issues prescribed by this section, "wine" is limited to vinous beverages that do not contain more than 17 percent alcohol by volume and "malt beverages" are limited to malt beverages that do not contain more than 17 percent alcohol by volume. For local option purposes, those beverages, sold and dispensed to the public in unbroken, sealed, individual containers, are a separate and distinct type of alcoholic beverage. (b) In an area where any type or classification of alcoholic beverages is prohibited and the issue submitted pertains to legalization of the sale of one or more of the prohibited types or classifications, the ballot shall be prepared to permit voting for or against the one of the following issues that applies: (1) "The legal sale of malt beverages for off-premise consumption only." (2) "The legal sale of malt beverages." (3) "The legal sale of malt beverages and wine for off-premise consumption only." (4) "The legal sale of malt beverages and wine." (5) "The legal sale of all alcoholic beverages for off-premise consumption only." (6) "The legal sale of all alcoholic beverages except mixed beverages." (7) "The legal sale of all alcoholic beverages including mixed beverages." (8) "The legal sale of mixed beverages." (9) "The legal sale of mixed beverages in restaurants by food and beverage certificate holders only." (10) "The legal sale of wine on the premises of a holder of a winery permit." (c) In an area where the sale of any type or classification of alcoholic beverages has been legalized, the ballot for a prohibitory election shall be prepared to permit voting for or against the one of the following issues that applies: (1) "The legal sale of malt beverages for off-premise consumption only." (2) "The legal sale of malt beverages." (3) "The legal sale of malt beverages and wine for off-premise consumption only." (4) "The legal sale of malt beverages and wine." (5) "The legal sale of all alcoholic beverages for off-premise consumption only." (6) "The legal sale of all alcoholic beverages except mixed beverages." (7) "The legal sale of all alcoholic beverages including mixed beverages." (8) "The legal sale of mixed beverages." (9) "The legal sale of mixed beverages in restaurants by food and beverage certificate holders only." (10) "The legal sale of wine on the premises of a holder of a winery permit." (d) Repealed by Acts 2009, 81st Leg., R.S., Ch. 1045, Sec. 4, eff. September 1, 2009. (e) Repealed by Acts 2009, 81st Leg., R.S., Ch. 1045, Sec. 4, eff. September 1, 2009. (f) Repealed by Acts 2009, 81st Leg., R.S., Ch. 1045, Sec. 4, eff. September 1, 2009. (g) In an area where the sale of a particular type of alcoholic beverage has been legalized only for off-premise consumption, no alcoholic beverage may be consumed on any licensed premises and no type of alcoholic beverage other than the type legalized may be sold. (h) Subject to Section 251.81, Alcoholic Beverage Code, a wine only package store permit may be issued for premises in an area in which the sale of wine has been legalized by a local option election under Subsection (b)(3) or (4). Added by Acts 2005, 79th Leg., Ch. 975 (H.B. 1799), Sec. 1, eff. September 1, 2005. Amended by: Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 5.003(a), eff. September 1, 2007. Acts 2009, 81st Leg., R.S., Ch. 1045 (H.B. 4498), Sec. 3, eff. September 1, 2009. Acts 2009, 81st Leg., R.S., Ch. 1045 (H.B. 4498), Sec. 4, eff. September 1, 2009. Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 389, eff. September 1, 2021.