Sec. 105.05. HOURS OF SALE: MALT BEVERAGES. (a) A person may sell, offer for sale, or deliver malt beverages only at a time permitted by this section. (b) A person may sell, offer for sale, or deliver malt beverages between 7 a.m. and midnight on any day except Sunday. On Sunday a person may sell malt beverages between midnight and 1:00 a.m. and between noon and midnight, except that: (1) permittees or licensees authorized to sell for on-premise consumption may sell malt beverages between 10:00 a.m. and noon if the malt beverages are served to a customer during the service of food to the customer; and (2) holders of a retail dealer's on-premise license or a retail dealer's off-premise license may also sell malt beverages for off-premise consumption between 10:00 a.m. and noon. (c) In a city or county having a population of 800,000 or more, according to the last preceding federal census, or 500,000 or more, according to the 22nd Decennial Census of the United States, as released by the Bureau of the Census on March 12, 2001, a holder of a retail dealer's on-premise license who holds a retailer late hours certificate may also sell, offer for sale, and deliver malt beverages between midnight and 2 a.m. on any day. (d) In a city or county other than a city or county described by Subsection (c), the extended hours prescribed in Subsection (c) or any part of the extended hours prescribed in Subsection (c) are effective for the sale, offer to sell, and delivery of malt beverages by a holder of a retail dealer's on-premise license who holds a retailer late hours certificate: (1) in the unincorporated areas of the county if the extended hours are adopted by an order of the commissioners court; and (2) in an incorporated city or town if the extended hours are adopted by an ordinance of the governing body of the city or town. (e) A violation of a city ordinance or order of a commissioners court adopted pursuant to Subsection (d) is a violation of this code.
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