ALCOHOLIC BEVERAGE CONSUMPTION IN PUBLIC ENTERTAINMENT FACILITIES AND ZONES

(a) This section applies only to: (1) a public entertainment facility that is owned or leased by the Texas State Railroad Authority and used as a station for passenger rail services; (2) a public entertainment facility that is a stadium, arena, or other permanent structure that is used for sporting events and: (A) relating to which an agreement approved by the administrator under Section 108.79 is in force; and (B) for which all alcoholic beverage permits and licenses are held by a single holder; or (3) a public entertainment zone. (b) Notwithstanding Section 28.10, the concessionaire for a public entertainment facility or a public entertainment zone described by Subsection (a) may allow a patron who possesses an alcoholic beverage to enter or leave a licensed or permitted premises within the facility or zone if the alcoholic beverage: (1) is in an open container, as defined by Section 49.031, Penal Code; (2) appears to be possessed for present consumption; (3) except as provided by Section 48.04(e), remains within the confines of the facility or zone, excluding a parking lot; and (4) was purchased legally at a licensed or permitted premises within the facility or zone. (c) A license or permit may be issued for a premises located in a facility described by Subsection (a)(1) in an area in which the sale of alcoholic beverages has not been authorized by a local option election if the area has been annexed by a municipality in which the sale of alcoholic beverages has been authorized by a local option election. A facility described by this subsection has the same local option status as the municipality. (d) For a facility described by Subsection (a)(1), a concessionaire under Subsection (b) may include a licensee or permittee of the manufacturing tier.