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A BILL TO BE ENTITLED
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AN ACT
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relating to the cancellation or suspension of a permit because the |
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permittee facilitated a sexual performance in the presence of |
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children. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 11.61(b), Alcoholic Beverage Code, is |
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amended to read as follows: |
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(b) The commission or administrator may suspend for not more |
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than 60 days or cancel an original or renewal permit if it is found, |
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after notice and hearing, that any of the following is true: |
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(1) the permittee has been finally convicted of a |
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violation of this code; |
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(2) the permittee violated a provision of this code or |
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a rule of the commission; |
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(3) the permittee was finally convicted of a felony |
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while holding an original or renewal permit; |
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(4) the permittee made a false or misleading statement |
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in connection with the permittee's original or renewal application, |
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either in the formal application itself or in any other written |
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instrument relating to the application submitted to the commission, |
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its officers, or employees; |
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(5) the permittee is indebted to the state for taxes, |
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fees, or payment of penalties imposed by this code, by a rule of the |
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commission, or by Chapter 183, Tax Code; |
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(6) the permittee is not of good moral character or the |
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permittee's reputation for being a peaceable and law-abiding |
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citizen in the community where the permittee resides is bad; |
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(7) the place or manner in which the permittee |
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conducts the permittee's business warrants the cancellation or |
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suspension of the permit based on the general welfare, health, |
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peace, morals, and safety of the people and on the public sense of |
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decency; |
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(8) the permittee is not maintaining an acceptable |
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bond; |
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(9) the permittee maintains a noisy, lewd, disorderly, |
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or unsanitary establishment or has supplied impure or otherwise |
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deleterious beverages; |
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(10) the permittee is insolvent or has developed an |
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incapacity that prevents or could prevent the permittee from |
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carrying on the management of the permittee's establishment with |
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reasonable skill, competence, and safety to the public; |
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(11) the permittee is in the habit of using alcoholic |
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beverages to excess; |
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(12) the permittee knowingly misrepresented to a |
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customer or the public any liquor sold by the permittee; |
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(13) the permittee was intoxicated on the licensed |
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premises; |
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(14) the permittee sold or delivered an alcoholic |
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beverage to an intoxicated person; |
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(15) the permittee possessed on the licensed premises |
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an alcoholic beverage that the permittee was not authorized under |
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the permit to purchase and sell; |
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(16) a package store or wine only package store |
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permittee transported or shipped liquor, or caused it to be |
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transported or shipped, into a dry state or a dry area within this |
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state; |
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(17) the permittee is residentially domiciled with a |
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person who has a financial interest in an establishment engaged in |
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the business of selling malt beverages at retail, other than a mixed |
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beverage establishment, except as authorized by Section 22.06, |
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24.05, or 102.05; |
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(18) the permittee is residentially domiciled with a |
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person whose permit or license was cancelled for cause within the |
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12-month period preceding the permittee's own application; |
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(19) the permittee is not a citizen of the United |
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States or has not been a citizen of Texas for a period of one year |
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immediately preceding the filing of the permittee's application, |
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unless the permittee was issued an original or renewal permit on or |
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before September 1, 1948, and has been a United States citizen at |
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some time; |
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(20) the permittee permitted a person to open a |
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container of alcoholic beverage or possess an open container of |
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alcoholic beverage on the licensed premises unless a mixed beverage |
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permit has been issued for the premises; |
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(21) the permittee failed to promptly report to the |
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commission a breach of the peace occurring on the permittee's |
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licensed premises; |
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(22) the permittee consumed an alcoholic beverage or |
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permitted one to be consumed on the licensed premises at a time when |
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the consumption of alcoholic beverages is prohibited by this code; |
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[or] |
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(23) the permittee sold, served, or delivered an |
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alcoholic beverage at a time when its sale is prohibited; or |
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(24) the permittee facilitated a performance in which |
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a performer, in the presence of an individual under the age of 18: |
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(A) danced in a lewd manner that: |
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(i) depicted the exhibition of the genitals |
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or pubic area of an unclothed, partially clothed, or clothed |
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individual with the intent of appealing to the prurient interest in |
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sex; and |
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(ii) had no serious literary, artistic, |
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political, or scientific value; or |
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(B) exhibited sexual gesticulations using |
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accessories or prosthetics that exaggerate male or female primary |
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or secondary sexual characteristics. |
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SECTION 2. This Act takes effect September 1, 2023. |