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.