By:  Moncrief                                           S.B. No. 27
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to cancellation of wine and beer retailer permits and
    1-2  retail dealer on-premise licenses.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Subchapter C, Chapter 11, Alcoholic Beverage
    1-5  Code, is amended by adding Section 11.612 to read as follows:
    1-6        Sec. 11.612.  CANCELLATION OF PERMIT OR LICENSE IN CERTAIN
    1-7  MUNICIPALITIES.  The commission or administrator may cancel an
    1-8  original or renewal wine and beer retailer's permit or retail
    1-9  dealer's on-premise license and may refuse to issue any new
   1-10  alcoholic beverage permit or license for the same premises for one
   1-11  year after the date of cancellation if:
   1-12              (1)  the premises for which the permit or license is
   1-13  issued are located in a municipality with a population of 400,000
   1-14  or more;
   1-15              (2)  the chief of police of the city in which the
   1-16  premises are located has submitted a sworn statement to the
   1-17  commission stating that the place or manner in which the permittee
   1-18  or licensee conducts its business endangers the general welfare,
   1-19  health, peace, morals, or safety of the community and further
   1-20  stating that there is a reasonable likelihood that such conduct
   1-21  would continue at the same location under another licensee or
   1-22  permittee;
   1-23              (3)  the sheriff of the county in which the premises
    2-1  are located has submitted a sworn statement to the commission
    2-2  stating that the place or manner in which the permittee or licensee
    2-3  conducts its business endangers the general welfare, health, peace,
    2-4  morals, or safety of the community and further stating that there
    2-5  is a reasonable likelihood that such conduct would continue at the
    2-6  same location under another licensee or permittee; and
    2-7              (4)  the commission or administrator finds, after
    2-8  notice and hearing, that the place or manner in which the permittee
    2-9  or licensee conducts its business does in fact endanger the general
   2-10  welfare, health, peace, morals, or safety of the community and that
   2-11  there is a reasonable likelihood that such conduct would continue
   2-12  at the same location under another licensee or permittee.
   2-13        SECTION 2.  This Act takes effect September 1, 1993.
   2-14        SECTION 3.  The importance of this legislation and the
   2-15  crowded condition of the calendars in both houses create an
   2-16  emergency and an imperative public necessity that the
   2-17  constitutional rule requiring bills to be read on three several
   2-18  days in each house be suspended, and this rule is hereby suspended.