By Davila H.B. No. 2566
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to restrictions in certain municipalities on the location
1-3 of the premises of certain alcoholic beverage license and permit
1-4 holders.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subchapter B, Chapter 11, Alcoholic Beverage
1-7 Code, is amended by adding Section 11.52 to read as follows:
1-8 Sec. 11.52. RESTRICTIONS ON LOCATION IN CERTAIN
1-9 MUNICIPALITIES. (a) A wine and beer retailer's permit or mixed
1-10 beverage permit may not be issued or renewed for premises located
1-11 in a municipality with a population of 1,500,000 or more that does
1-12 not restrict by ordinance the location of premises that sell wine,
1-13 beer, or mixed beverages for on-premises consumption if:
1-14 (1) any point on a property line of the premises is
1-15 less than 300 feet from any point on a property line of a
1-16 residence, church, school, hospital, day-care facility, or social
1-17 service facility, as measured in a straight line; and
1-18 (2) 75 percent or more of the gross receipts of the
1-19 permittee, or of the anticipated gross receipts of the applicant,
1-20 is from the sale, preparation, and service of alcoholic beverages
1-21 and of nonalcoholic items taxed under Section 202.02 of this code.
1-22 (b) An applicant or permittee may apply for a variance from
1-23 Subsection (a) of this section. The commission or the county
2-1 judge, as applicable, may grant the variance, if:
2-2 (1) not later than the fifth day after the date of the
2-3 application or not later than the 30th day before the date on which
2-4 the permit being renewed expires, the applicant or permittee
2-5 notifies each owner or tenant of property protected under
2-6 Subsection (a) of this section of:
2-7 (A) the date, time, and location of any hearing
2-8 on the variance application;
2-9 (B) the street address and legal description of
2-10 the premises;
2-11 (C) the type of permit for which the application
2-12 is made or which is being renewed;
2-13 (D) any identifying number or other designation
2-14 assigned to the application or permit by the commission or the
2-15 county judge;
2-16 (E) the applicant's or permittee's trade name;
2-17 (F) the proposed date of opening of the
2-18 applicant's business at the premises for which the application is
2-19 made;
2-20 (G) the name and mailing address of the owner of
2-21 the premises, the applicant or permittee, and any person employed
2-22 by the applicant to perform any services related to the application
2-23 process; and
2-24 (H) the property owner's or tenant's right under
2-25 this code to contest the issuance or renewal of the permit; and
3-1 (2) fewer than 25 percent of the property owners or
3-2 tenants entitled to notice under this section file objections under
3-3 this section to the issuance or renewal of the permit.
3-4 (c) A property owner or tenant entitled to notice under
3-5 Subsection (b) of this section who desires to file an objection to
3-6 the issuance or renewal of the permit must file the objection with
3-7 the commission or county judge, as applicable, not later than the
3-8 35th day after the date the application is filed or, for a renewal,
3-9 not later than the date on which the permit expires.
3-10 (d) The commission or the county judge, as applicable, may
3-11 not grant an application to which this section applies or hold a
3-12 hearing relating to that application before the expiration of the
3-13 35th day after the date on which the application is filed with the
3-14 commission or county judge.
3-15 (e) An applicant or permittee is not required to notify a
3-16 property owner or tenant who the applicant or permittee is unable
3-17 to locate if the applicant or permittee made a reasonable effort to
3-18 locate the property owner or tenant.
3-19 (f) The applicant or permittee shall file with the
3-20 commission or county judge, as applicable, a list of the owners and
3-21 tenants of the protected property. Unless the commission or county
3-22 judge finds that the list is incomplete or was not made in good
3-23 faith, the commission or county judge shall determine from that
3-24 list the percentage of owners and tenants that file objections.
3-25 The commission or county judge shall deny the application or
4-1 renewal if the commission or county judge finds that the list is
4-2 incomplete and was not made in good faith.
4-3 SECTION 2. Chapter 69, Alcoholic Beverage Code, is amended
4-4 by adding Section 69.15 to read as follows:
4-5 Sec. 69.15. RESTRICTIONS ON LOCATION IN CERTAIN
4-6 MUNICIPALITIES. (a) The provisions of Section 11.52 of this code
4-7 apply to the issuance or renewal of a retail dealer's on-premise
4-8 license.
4-9 (b) Section 61.31(b) of this code does not apply to an
4-10 application for a retail dealer's on-premise license.
4-11 SECTION 3. This Act takes effect September 1, 1993, and
4-12 applies only to an application filed on or after that date or the
4-13 renewal of a permit that expires on or after that date. An
4-14 application filed before that date or the renewal of a permit that
4-15 expires before that date is governed by the law in effect on the
4-16 date on which the application is filed or on which the permit
4-17 expires.
4-18 SECTION 4. The importance of this legislation and the
4-19 crowded condition of the calendars in both houses create an
4-20 emergency and an imperative public necessity that the
4-21 constitutional rule requiring bills to be read on three several
4-22 days in each house be suspended, and this rule is hereby suspended.