By: Zaffirini S.B. No. 8
73R1283 DWS-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to providing an alcoholic beverage to a minor.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 61.71, Alcoholic Beverage Code, is
1-5 amended by amending Subsection (a) and adding Subsection (f) to
1-6 read as follows:
1-7 (a) The commission or administrator may suspend for not more
1-8 than 60 days or cancel an original or renewal retail dealer's on-
1-9 or off-premise license if it is found, after notice and hearing,
1-10 that the licensee:
1-11 (1) violated a provision of this code or a rule of the
1-12 commission during the existence of the license sought to be
1-13 cancelled or suspended or during the immediately preceding license
1-14 period;
1-15 (2) was finally convicted for violating a penal
1-16 provision of this code;
1-17 (3) was finally convicted of a felony while holding an
1-18 original or renewal license;
1-19 (4) made a false statement or a misrepresentation in
1-20 his original application or a renewal application;
1-21 (5) negligently <knowingly> sold, served, or delivered
1-22 beer to a minor;
1-23 (6) sold, served, or delivered beer to an intoxicated
1-24 person;
2-1 (7) sold, served, or delivered beer at a time when its
2-2 sale is prohibited;
2-3 (8) entered or offered to enter an agreement,
2-4 condition, or system which would constitute the sale or possession
2-5 of alcoholic beverages on consignment;
2-6 (9) possessed on the licensed premises, or on adjacent
2-7 premises directly or indirectly under his control, an alcoholic
2-8 beverage not authorized to be sold on the licensed premises, or
2-9 permitted an agent, servant, or employee to do so, except as
2-10 permitted by Section 22.06, 24.05, or 102.05 of this code;
2-11 (10) does not have at his licensed premises running
2-12 water, if it is available, and separate toilets for both sexes
2-13 which are properly identified;
2-14 (11) permitted a person on the licensed premises to
2-15 engage in conduct which is lewd, immoral, or offensive to public
2-16 decency;
2-17 (12) employed a person under 18 years of age to sell,
2-18 handle, or dispense beer, or to assist in doing so, in an
2-19 establishment where beer is sold for on-premises consumption;
2-20 (13) conspired with a person to violate Section
2-21 101.41-101.43, 101.68, 102.11-102.15, 104.04, 108.01, or
2-22 108.04-108.06 of this code, or a rule promulgated under Section
2-23 5.40 of this code, or accepted a benefit from an act prohibited by
2-24 any of these sections or rules;
2-25 (14) refused to permit or interfered with an
2-26 inspection of the licensed premises by an authorized representative
2-27 of the commission or a peace officer;
3-1 (15) permitted the use or display of his license in
3-2 the conduct of a business for the benefit of a person not
3-3 authorized by law to have an interest in the license;
3-4 (16) maintained blinds or barriers at his place of
3-5 business in violation of this code;
3-6 (17) conducted his business in a place or manner which
3-7 warrants the cancellation or suspension of the license based on the
3-8 general welfare, health, peace, morals, safety, and sense of
3-9 decency of the people;
3-10 (18) consumed an alcoholic beverage or permitted one
3-11 to be consumed on the licensed premises at a time when the
3-12 consumption of alcoholic beverages is prohibited by this code;
3-13 (19) purchased beer for the purpose of resale from a
3-14 person other than the holder of a manufacturer's or distributor's
3-15 license;
3-16 (20) acquired an alcoholic beverage for the purpose of
3-17 resale from another retail dealer of alcoholic beverages;
3-18 (21) owned an interest of any kind in the business or
3-19 premises of the holder of a distributor's license;
3-20 (22) purchased, sold, offered for sale, distributed,
3-21 or delivered an alcoholic beverage, or consumed an alcoholic
3-22 beverage or permitted one to be consumed on the licensed premises
3-23 while his license was under suspension;
3-24 (23) purchased, possessed, stored, sold, or offered
3-25 for sale beer in or from an original package bearing a brand or
3-26 trade name of a manufacturer other than the brand or trade name
3-27 shown on the container;
4-1 (24) habitually uses alcoholic beverages to excess, is
4-2 mentally incompetent, or is physically unable to manage his
4-3 establishment;
4-4 (25) imported beer into this state except as
4-5 authorized by Section 107.07 of this code;
4-6 (26) occupied premises in which the holder of a
4-7 manufacturer's or distributor's license had an interest of any
4-8 kind;
4-9 (27) knowingly permitted a person who had an interest
4-10 in a permit or license which was cancelled for cause to sell,
4-11 handle, or assist in selling or handling alcoholic beverages on the
4-12 licensed premises within one year after the cancellation;
4-13 (28) was financially interested in a place of business
4-14 engaged in the selling of distilled spirits or permitted a person
4-15 having an interest in that type of business to have a financial
4-16 interest in the business authorized by his license, except as
4-17 permitted by Section 22.06, 24.05, or 102.05 of this code;
4-18 (29) is residentially domiciled with or related to a
4-19 person engaged in selling distilled spirits, except as permitted by
4-20 Section 22.06, 24.05, or 102.05 of this code, so that there is a
4-21 community of interests which the commission or administrator finds
4-22 contrary to the purposes of this code; or
4-23 (30) is residentially domiciled with or related to a
4-24 person whose license has been cancelled within the preceding 12
4-25 months so that there is a community of interests which the
4-26 commission or administrator finds contrary to the purposes of this
4-27 code.
5-1 (f) For the purposes of this section, a person acts
5-2 negligently if the person acts with a mental state that would
5-3 constitute criminal negligence under Chapter 6, Penal Code, if the
5-4 act were an offense.
5-5 SECTION 2. Section 61.74, Alcoholic Beverage Code, is
5-6 amended by amending Subsection (a) and adding Subsection (c) to
5-7 read as follows:
5-8 (a) The commission or administrator may suspend for not more
5-9 than 60 days or cancel an original or renewal general, local, or
5-10 branch distributor's license if it is found, after notice and
5-11 hearing, that the licensee:
5-12 (1) violated a provision of this code or a rule of the
5-13 commission during the existence of the license sought to be
5-14 cancelled or suspended or during the immediately preceding license
5-15 period;
5-16 (2) was finally convicted for violating a penal
5-17 provision of this code;
5-18 (3) was finally convicted of a felony while holding an
5-19 original or renewal license;
5-20 (4) violated Section 101.41-101.43, 101.68,
5-21 102.11-102.15, 104.04, 108.01, or 108.04-108.06 of this code, or a
5-22 rule or regulation promulgated under Section 5.40 of this code;
5-23 (5) failed to comply with a requirement of the
5-24 commission relating to the keeping of records or making of reports;
5-25 (6) failed to pay any tax due the state on any beer he
5-26 sold, stored, or transported;
5-27 (7) refused to permit or interfered with an inspection
6-1 of his licensed premises, vehicles, books, or records by an
6-2 authorized representative of the commission;
6-3 (8) consummated a sale of beer outside the county or
6-4 counties in which he was authorized to sell beer by his license;
6-5 (9) purchased, sold, offered for sale, distributed, or
6-6 delivered beer while his license was under suspension;
6-7 (10) permitted the use of his license in the operation
6-8 of a business conducted for the benefit of a person not authorized
6-9 by law to have an interest in the business;
6-10 (11) made a false or misleading representation or
6-11 statement in his original application or a renewal application;
6-12 (12) habitually uses alcoholic beverages to excess, is
6-13 mentally incompetent, or is physically unable to manage his
6-14 establishment;
6-15 (13) misrepresented any beer sold by him to a retailer
6-16 or to the public;
6-17 (14) negligently <knowingly> sold or delivered beer to
6-18 a minor; or
6-19 (15) purchased, possessed, stored, sold, or offered
6-20 for sale beer in an original package bearing a brand or trade name
6-21 of a manufacturer other than the brand or trade name of the
6-22 manufacturer shown on the container.
6-23 (c) For the purposes of this section, a person acts
6-24 negligently if the person acts with a mental state that would
6-25 constitute criminal negligence under Chapter 6, Penal Code, if the
6-26 act were an offense.
6-27 SECTION 3. Section 106.06(a), Alcoholic Beverage Code, is
7-1 amended to read as follows:
7-2 (a) Except as provided in Subsection (b) of this section, a
7-3 person commits an offense if he purchases an alcoholic beverage for
7-4 or gives or with criminal negligence <knowingly> makes available an
7-5 alcoholic beverage to a minor.
7-6 SECTION 4. Section 106.13, Alcoholic Beverage Code, is
7-7 amended by amending Subsection (a) and adding Subsection (d) to
7-8 read as follows:
7-9 (a) Except as provided in Subsections (b) and (c) of this
7-10 section, the commission or administrator may cancel or suspend for
7-11 not more than 60 days a retail license or permit or a private club
7-12 registration permit if it is found, on notice and hearing, that the
7-13 licensee or permittee negligently <knowingly> sold, served,
7-14 dispensed, or delivered an alcoholic beverage to a minor in
7-15 violation of this code or negligently <knowingly> permitted a minor
7-16 to violate Section 106.04 or 106.05 of this code on the licensed
7-17 premises.
7-18 (d) For the purposes of this section, a person acts
7-19 negligently if the person acts with a mental state that would
7-20 constitute criminal negligence under Chapter 6, Penal Code, if the
7-21 act were an offense.
7-22 SECTION 5. (a) The changes in law made by Section 3 of this
7-23 Act apply only to an offense committed on or after the effective
7-24 date of this Act. For purposes of this section, an offense was
7-25 committed before the effective date of this Act if any element of
7-26 the offense occurred before that date.
7-27 (b) An offense committed before the effective date of this
8-1 Act is covered by the law in effect when the offense was committed,
8-2 and the former law is continued in effect for this purpose.
8-3 SECTION 6. This Act takes effect September 1, 1993.
8-4 SECTION 7. The importance of this legislation and the
8-5 crowded condition of the calendars in both houses create an
8-6 emergency and an imperative public necessity that the
8-7 constitutional rule requiring bills to be read on three several
8-8 days in each house be suspended, and this rule is hereby suspended.