By Yarbrough H.B. No. 105
74R772 PAM-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the provision of public notice by an applicant for
1-3 certain alcoholic beverage permits or licenses by posting a sign.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 11.391, Alcoholic Beverage Code, is
1-6 amended to read as follows:
1-7 Sec. 11.391. Notice by Sign. (a) Except as provided by
1-8 Subsection (c), an <An> applicant for a mixed beverage permit or a
1-9 private club registration permit for a location not previously
1-10 licensed for the on-premises consumption of alcoholic beverages
1-11 shall, beginning on the first date <dates> notice is required to be
1-12 published under Section 11.39 of this code and for seven
1-13 consecutive business days after that date, prominently post an
1-14 outdoor sign at the location stating that alcoholic beverages are
1-15 intended to be served on the premises, the proposed hours of
1-16 operation of the premises, the type of permit, and the name and
1-17 business address of the applicant.
1-18 (b) The sign shall be written in a manner and of a size the
1-19 administrator considers adequate to be clearly visible from the
1-20 street and to inform the general public of the intended use of the
1-21 property. The administrator may require the sign to be both in
1-22 English and a language other than English if it is likely that a
1-23 substantial number of the residents in the area speak a language
1-24 other than English as their familiar language. The commission
2-1 shall provide such sign and may charge a fee therefor.
2-2 (c) If a sexually oriented business is to be operated on
2-3 premises covered by a permit identified by Subsection (a), the
2-4 applicant must also comply with the notice requirements of this
2-5 section when applying for a renewal permit, except that the sign
2-6 shall be posted beginning on the 30th day before the expiration
2-7 date of the permit and for seven consecutive business days after
2-8 that date.
2-9 (d) The commission shall deny an <An> application if the
2-10 applicant fails <may not be denied for failing> to post the notice
2-11 required by this section <if the commission or administrator
2-12 determines that the general public in the area in which the
2-13 premises to be licensed is located is adequately aware of the
2-14 nature of the application>.
2-15 (e) In this section, "business day" excludes Saturday,
2-16 Sunday, and a legal holiday.
2-17 SECTION 2. Section 61.381, Alcoholic Beverage Code, is
2-18 amended to read as follows:
2-19 Sec. 61.381. Notice by Sign. (a) Except as provided by
2-20 Subsection (c), an <An> applicant for a wine and beer retailer's
2-21 permit or a retail dealer's on-premise license for a location not
2-22 previously licensed for the on-premises consumption of alcoholic
2-23 beverages shall, beginning on the first date <dates> notice is
2-24 required to be published under Section 61.38 of this code and for
2-25 seven consecutive business days after that date, prominently post
2-26 an outdoor sign at the location stating that alcoholic beverages
2-27 are intended to be served on the premises, the proposed hours of
3-1 operation of the premises, the type of license, and the name and
3-2 business address of the applicant.
3-3 (b) The sign shall be written in a manner and of a size the
3-4 administrator considers adequate to be clearly visible from the
3-5 street and to inform the general public of the intended use of the
3-6 property. The administrator may require the sign to be both in
3-7 English and a language other than English if it is likely that a
3-8 substantial number of the residents in the area speak a language
3-9 other than English as their familiar language. The commission
3-10 shall provide such sign and may charge a fee therefor.
3-11 (c) If a sexually oriented business is to be operated on
3-12 premises covered by a permit or license identified by Subsection
3-13 (a), the applicant must also comply with the notice requirements of
3-14 this section when applying for a renewal permit or license, except
3-15 that the sign shall be posted beginning on the 30th day before the
3-16 expiration date of the permit and for seven consecutive business
3-17 days after that date.
3-18 (d) The commission shall deny an <An> application if the
3-19 applicant fails <may not be denied for failing> to post the notice
3-20 required by this section <if the commission or administrator
3-21 determines that the general public in the area in which the
3-22 premises to be licensed is located is adequately aware of the
3-23 nature of the application>.
3-24 (e) In this section, "business day" excludes Saturday,
3-25 Sunday, and a legal holiday.
3-26 SECTION 3. This Act takes effect September 1, 1995. The
3-27 changes in law made by this Act apply only to persons who apply for
4-1 a permit or license or a renewal of a permit or license on or after
4-2 the effective date of this Act.
4-3 SECTION 4. The importance of this legislation and the
4-4 crowded condition of the calendars in both houses create an
4-5 emergency and an imperative public necessity that the
4-6 constitutional rule requiring bills to be read on three several
4-7 days in each house be suspended, and this rule is hereby suspended.