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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102504
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Is there a licence required by the State of Texas for BYOB

Customer Question

Is there a licence required by the State of Texas for BYOB caberat or any requirements,
such as location, hours of operation?
Submitted: 6 years ago.
Category: Legal
Expert:  Ely replied 6 years ago.
Hello,

Welcome to JustAnswer and thank you for the opportunity to assist you. Please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.

This depends - what is your organization/company? A restaurant? Why do you not seek a TABC license?
Customer: replied 6 years ago.

Does the state of Texas require a licence for sob buisness? regestry with the state?

It's to complicated to worry about TABC looking over your shoulder all the time and AS I understand a lot more regulations.

Expert:  Ely replied 6 years ago.
What do you mean by "SOB" business? Just want to make sure we are on the same page.
Customer: replied 6 years ago.
All nude strip clubs? BYOB
Expert:  Ely replied 6 years ago.
Oh, sexually oriented businesses.

First of all, TABC is not that bad if you only have beer and wine. Therefore, if you seek to only sell that, the license is fairly easy to get! Just an FYI, since many people do not know that TABC has levels of licenses.

The most basic - beer and wine - is usually very pain free and the state does not bother with you that much. If you want a "full license" that includes hard liquor, well then, you sir better be squeaky clean because they are going to do a large background check and they will come into the club often to ensure you are following the law.

As for BYOB, a SOB business can indeed do this. It is not illegal to have alcohol on premises, it is illegal to SERVE alcohol on premises, if you do not have a TABC license. Many such places still charge an 'uncorking' fee. So as long as you have the SOB permits, you are okay as long as you're not serving alcohol w/o a license - you do not need any special permit.

I hope you found my answer helpful, and if so please click on the ACCEPT button. This is the only way for me to get credit for my work; I receive no credit for my time with you unless you press ACCEPT.

If you still need to clarify something or seek more information, just use the INFO button and I’d be more than happy to follow up to your satisfaction! There is no fee for follow up questions before or after an accept, should you wish to continue in the thread, and I encourage you to do so should you need clarification!

While the legal system tries to be inclusive of every possibility, sometimes, people are morally wronged but have limited legal avenues to seek relief. If so, please understand that this is not the expert’s fault, but the way of circumstance.

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Customer: replied 6 years ago.
I'm hold various licences that required federal investgations, so I'm clean...MY question is has there been new laws pasted since 2008 about licenceing , permits, or state registry of a new buisness that does not serve alcohol, only set-ups, Yet has nude dancers.
Expert:  Ely replied 6 years ago.
No, no particular laws that will stop your business as long as you have all the necessary permits.

I hope you found my answer helpful, and if so please click on the ACCEPT button. This is the only way for me to get credit for my work; I receive no credit for my time with you unless you press ACCEPT.

If you still need to clarify something or seek more information, just use the INFO button and I’d be more than happy to follow up to your satisfaction! There is no fee for follow up questions before or after an accept, should you wish to continue in the thread, and I encourage you to do so should you need clarification!

While the legal system tries to be inclusive of every possibility, sometimes, people are morally wronged but have limited legal avenues to seek relief. If so, please understand that this is not the expert’s fault, but the way of circumstance.

If you feel that I went an extra step to help, a bonus is always appreciated!

You can always request me for a future advice through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to begin the question with “This Question is for Eli…”
Customer: replied 6 years ago.

So in other words you do not know about State of Texas having any license to open a boyb buisness. I'm not worried about local laws....But I have heard the state has passed new laws about BYOB clubs.

Thank you

Expert:  Ely replied 6 years ago.
I see. I have not heard anything like this, nor would Texas legislature touch on such an issue, generally speaking. Such a matter is usually left to the county and/or municipality, not state level. So you would look to your county/municipal government for instructions.
Customer: replied 6 years ago.
Sorry, Your answer is not acceptable and I wish a refund....I have just read where the state has made new legislation in 2009 about The State collecting $5 from each patron to these establisments...
Customer: replied 6 years ago.

Thank you,

www..ic2utexas

Expert:  Ely replied 6 years ago.
The law requiring to charge a $5-per-patron entrance fee to sexually-oriented businesses is not a license - it is something that the business simply must do.

You asked about licenses from the state of Texas, to which I answered that no license from the state is required, and it is local ordinance that controls such licensing.

The $5 entrance fee is not a license - it is a tax.

But, I will go ahead and put in for a refund for you.