By: Nieto H.B. No. 416
73R373 MI-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the sale of alcoholic beverages to minors.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 61.71(a), Alcoholic Beverage Code, is
1-5 amended to read as follows:
1-6 (a) The commission or administrator may suspend for not more
1-7 than 60 days or cancel an original or renewal retail dealer's on-
1-8 or off-premise license if it is found, after notice and hearing,
1-9 that the licensee:
1-10 (1) violated a provision of this code or a rule of the
1-11 commission during the existence of the license sought to be
1-12 cancelled or suspended or during the immediately preceding license
1-13 period;
1-14 (2) was finally convicted for violating a penal
1-15 provision of this code;
1-16 (3) was finally convicted of a felony while holding an
1-17 original or renewal license;
1-18 (4) made a false statement or a misrepresentation in
1-19 his original application or a renewal application;
1-20 (5) with criminal negligence <knowingly> sold, served,
1-21 or delivered beer to a minor;
1-22 (6) sold, served, or delivered beer to an intoxicated
1-23 person;
1-24 (7) sold, served, or delivered beer at a time when its
2-1 sale is prohibited;
2-2 (8) entered or offered to enter an agreement,
2-3 condition, or system which would constitute the sale or possession
2-4 of alcoholic beverages on consignment;
2-5 (9) possessed on the licensed premises, or on adjacent
2-6 premises directly or indirectly under his control, an alcoholic
2-7 beverage not authorized to be sold on the licensed premises, or
2-8 permitted an agent, servant, or employee to do so, except as
2-9 permitted by Section 22.06, 24.05, or 102.05 of this code;
2-10 (10) does not have at his licensed premises running
2-11 water, if it is available, and separate toilets for both sexes
2-12 which are properly identified;
2-13 (11) permitted a person on the licensed premises to
2-14 engage in conduct which is lewd, immoral, or offensive to public
2-15 decency;
2-16 (12) employed a person under 18 years of age to sell,
2-17 handle, or dispense beer, or to assist in doing so, in an
2-18 establishment where beer is sold for on-premises consumption;
2-19 (13) conspired with a person to violate Section
2-20 101.41-101.43, 101.68, 102.11-102.15, 104.04, 108.01, or
2-21 108.04-108.06 of this code, or a rule promulgated under Section
2-22 5.40 of this code, or accepted a benefit from an act prohibited by
2-23 any of these sections or rules;
2-24 (14) refused to permit or interfered with an
2-25 inspection of the licensed premises by an authorized representative
2-26 of the commission or a peace officer;
2-27 (15) permitted the use or display of his license in
3-1 the conduct of a business for the benefit of a person not
3-2 authorized by law to have an interest in the license;
3-3 (16) maintained blinds or barriers at his place of
3-4 business in violation of this code;
3-5 (17) conducted his business in a place or manner which
3-6 warrants the cancellation or suspension of the license based on the
3-7 general welfare, health, peace, morals, safety, and sense of
3-8 decency of the people;
3-9 (18) consumed an alcoholic beverage or permitted one
3-10 to be consumed on the licensed premises at a time when the
3-11 consumption of alcoholic beverages is prohibited by this code;
3-12 (19) purchased beer for the purpose of resale from a
3-13 person other than the holder of a manufacturer's or distributor's
3-14 license;
3-15 (20) acquired an alcoholic beverage for the purpose of
3-16 resale from another retail dealer of alcoholic beverages;
3-17 (21) owned an interest of any kind in the business or
3-18 premises of the holder of a distributor's license;
3-19 (22) purchased, sold, offered for sale, distributed,
3-20 or delivered an alcoholic beverage, or consumed an alcoholic
3-21 beverage or permitted one to be consumed on the licensed premises
3-22 while his license was under suspension;
3-23 (23) purchased, possessed, stored, sold, or offered
3-24 for sale beer in or from an original package bearing a brand or
3-25 trade name of a manufacturer other than the brand or trade name
3-26 shown on the container;
3-27 (24) habitually uses alcoholic beverages to excess, is
4-1 mentally incompetent, or is physically unable to manage his
4-2 establishment;
4-3 (25) imported beer into this state except as
4-4 authorized by Section 107.07 of this code;
4-5 (26) occupied premises in which the holder of a
4-6 manufacturer's or distributor's license had an interest of any
4-7 kind;
4-8 (27) knowingly permitted a person who had an interest
4-9 in a permit or license which was cancelled for cause to sell,
4-10 handle, or assist in selling or handling alcoholic beverages on the
4-11 licensed premises within one year after the cancellation;
4-12 (28) was financially interested in a place of business
4-13 engaged in the selling of distilled spirits or permitted a person
4-14 having an interest in that type of business to have a financial
4-15 interest in the business authorized by his license, except as
4-16 permitted by Section 22.06, 24.05, or 102.05 of this code;
4-17 (29) is residentially domiciled with or related to a
4-18 person engaged in selling distilled spirits, except as permitted by
4-19 Section 22.06, 24.05, or 102.05 of this code, so that there is a
4-20 community of interests which the commission or administrator finds
4-21 contrary to the purposes of this code; or
4-22 (30) is residentially domiciled with or related to a
4-23 person whose license has been cancelled within the preceding 12
4-24 months so that there is a community of interests which the
4-25 commission or administrator finds contrary to the purposes of this
4-26 code.
4-27 SECTION 2. Section 61.74(a), Alcoholic Beverage Code, is
5-1 amended to read as follows:
5-2 (a) The commission or administrator may suspend for not more
5-3 than 60 days or cancel an original or renewal general, local, or
5-4 branch distributor's license if it is found, after notice and
5-5 hearing, that the licensee:
5-6 (1) violated a provision of this code or a rule of the
5-7 commission during the existence of the license sought to be
5-8 cancelled or suspended or during the immediately preceding license
5-9 period;
5-10 (2) was finally convicted for violating a penal
5-11 provision of this code;
5-12 (3) was finally convicted of a felony while holding an
5-13 original or renewal license;
5-14 (4) violated Section 101.41-101.43, 101.68,
5-15 102.11-102.15, 104.04, 108.01, or 108.04-108.06 of this code, or a
5-16 rule or regulation promulgated under Section 5.40 of this code;
5-17 (5) failed to comply with a requirement of the
5-18 commission relating to the keeping of records or making of reports;
5-19 (6) failed to pay any tax due the state on any beer he
5-20 sold, stored, or transported;
5-21 (7) refused to permit or interfered with an inspection
5-22 of his licensed premises, vehicles, books, or records by an
5-23 authorized representative of the commission;
5-24 (8) consummated a sale of beer outside the county or
5-25 counties in which he was authorized to sell beer by his license;
5-26 (9) purchased, sold, offered for sale, distributed, or
5-27 delivered beer while his license was under suspension;
6-1 (10) permitted the use of his license in the operation
6-2 of a business conducted for the benefit of a person not authorized
6-3 by law to have an interest in the business;
6-4 (11) made a false or misleading representation or
6-5 statement in his original application or a renewal application;
6-6 (12) habitually uses alcoholic beverages to excess, is
6-7 mentally incompetent, or is physically unable to manage his
6-8 establishment;
6-9 (13) misrepresented any beer sold by him to a retailer
6-10 or to the public;
6-11 (14) with criminal negligence <knowingly> sold or
6-12 delivered beer to a minor; or
6-13 (15) purchased, possessed, stored, sold, or offered
6-14 for sale beer in an original package bearing a brand or trade name
6-15 of a manufacturer other than the brand or trade name of the
6-16 manufacturer shown on the container.
6-17 SECTION 3. Section 106.13(a), Alcoholic Beverage Code, is
6-18 amended to read as follows:
6-19 (a) Except as provided in Subsections (b) and (c) of this
6-20 section, the commission or administrator may cancel or suspend for
6-21 not more than 60 days a retail license or permit or a private club
6-22 registration permit if it is found, on notice and hearing, that the
6-23 licensee or permittee with criminal negligence <knowingly> sold,
6-24 served, dispensed, or delivered an alcoholic beverage to a minor in
6-25 violation of this code or with criminal negligence <knowingly>
6-26 permitted a minor to violate Section 106.04 or 106.05 of this code
6-27 on the licensed premises.
7-1 SECTION 4. (a) This Act takes effect September 1, 1993.
7-2 (b) The change in law made by this Act applies only to an
7-3 offense committed on or after the effective date of this Act. For
7-4 purposes of this section, an offense is committed before the
7-5 effective date of this Act if any element of the offense occurs
7-6 before that date.
7-7 (c) An offense committed before the effective date of this
7-8 Act is covered by the law in effect when the offense was committed
7-9 and the former law is continued in effect for this purpose.
7-10 SECTION 5. The importance of this legislation and the
7-11 crowded condition of the calendars in both houses create an
7-12 emergency and an imperative public necessity that the
7-13 constitutional rule requiring bills to be read on three several
7-14 days in each house be suspended, and this rule is hereby suspended.