By: Kamel H.B. No. 409
73R384 PB-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to certain private club registration permits.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 32.01, Alcoholic Beverage Code, is
1-5 amended to read as follows:
1-6 Sec. 32.01. Authorized Activities. (a) A private club
1-7 registration permit authorizes alcoholic beverages belonging to
1-8 members of the club to be:
1-9 (1) stored, possessed, and mixed on the club premises;
1-10 and
1-11 (2) served for on-premises consumption only to members
1-12 of the club and their families and guests, by the drink or in
1-13 sealed, unsealed, or broken containers of any legal size.
1-14 (b) An applicant for or the holder of a private club
1-15 registration permit may apply to the commission to have the
1-16 activities authorized under the permit restricted to the storage
1-17 and service of wine, beer, and malt liquor for members of the club.
1-18 Except as otherwise provided by this chapter, an applicant for or
1-19 the holder of a permit that is restricted under this subsection is
1-20 subject to all the requirements of this chapter. The commission
1-21 may adopt rules as necessary to implement this subsection.
1-22 SECTION 2. Section 32.02, Alcoholic Beverage Code, is
1-23 amended to read as follows:
1-24 Sec. 32.02. FEES <FEE>. (a) Each private club registration
2-1 permittee shall pay an annual state fee for each separate place of
2-2 business.
2-3 (b) The annual state fee shall be computed at the election
2-4 of the permittee by using one of the following methods:
2-5 (1) A fee of $3 for each member entitled to privileges
2-6 of the club during the permit year with a minimum fee of $750; or
2-7 (2) Except as provided by Subsection (d) of this
2-8 section, a <A> fee for an original private club registration permit
2-9 of $3,500, with a fee for the first renewal of a private club
2-10 registration permit of $2,750, and a fee for the second and each
2-11 subsequent renewal of a private club registration permit of $2,000.
2-12 (c) A permittee who elects to compute the permit fee based
2-13 on Subsection (b)(1) of this section may not alter the method by
2-14 which the fee is calculated until the second renewal or a renewal
2-15 subsequent to the second renewal.
2-16 (d) A permit holder who has elected to restrict the holder's
2-17 authorized activities under the permit as provided by Section
2-18 32.01(b) of this code shall pay an original permit fee of $1,500
2-19 and an annual renewal fee of $1,500. <All fees collected pursuant
2-20 to this section shall be deposited in the general revenue fund.>
2-21 (e) No later than 90 days before the expiration of the year
2-22 for which the permit fee is paid, the permit holder may submit an
2-23 amended application with as much additional fee as is required
2-24 under the amended return.
2-25 (f) For a permittee who holds a valid permit on the
2-26 effective date of this subsection <Act> and who elects to pay a
2-27 permit fee as provided by Subsection (b)(2) of this section, the
3-1 fee for renewal of that permit is:
3-2 (1) $2,750 for the first annual renewal since the
3-3 original permit was issued; and
3-4 (2) $2,000 for a renewal subsequent to the first
3-5 annual renewal.
3-6 (g) Fees collected under this section shall be deposited in
3-7 the general revenue fund.
3-8 SECTION 3. Section 32.17, Alcoholic Beverage Code, is
3-9 amended by adding Subsection (c) to read as follows:
3-10 (c) After notice and an opportunity for a hearing, the
3-11 commission or administrator may cancel or suspend the private club
3-12 registration permit of a permit holder who has restricted the
3-13 holder's authorized activities under the permit as provided by
3-14 Section 32.01(b) of this code on a determination that the permit
3-15 holder is storing or serving alcoholic beverages to club members
3-16 other than, or in addition to, wine, beer, and malt liquor.
3-17 SECTION 4. This Act takes effect September 1, 1993.
3-18 SECTION 5. The importance of this legislation and the
3-19 crowded condition of the calendars in both houses create an
3-20 emergency and an imperative public necessity that the
3-21 constitutional rule requiring bills to be read on three several
3-22 days in each house be suspended, and this rule is hereby suspended.