74R10661 CAG-D
By Yarbrough H.B. No. 1342
Substitute the following for H.B. No. 1342:
By Pickett C.S.H.B. No. 1342
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to regulation of a person that exhibits nudity and that
1-3 allows the possession or consumption of alcoholic beverages on the
1-4 premises; providing criminal penalties.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 11.11(a), Alcoholic Beverage Code, is
1-7 amended to read as follows:
1-8 (a) Except as provided in Subsection (e) of this section, an
1-9 applicant for a permit or a holder of a permit issued under Chapter
1-10 25, 28, <or> 32, or 54 of this code shall file with the commission
1-11 a surety bond in the amount of $5,000 conditioned on the
1-12 applicant's or holder's conformance with alcoholic beverage law.
1-13 SECTION 2. Section 11.39(a), Alcoholic Beverage Code, is
1-14 amended to read as follows:
1-15 (a) Every applicant for a pharmacist's medicinal, brewer's,
1-16 distiller's and rectifier's, mixed beverage, private club
1-17 registration, winery, wholesaler's, class B wholesaler's, wine
1-18 bottler's, exhibitor's, or package store permit shall give notice
1-19 of the application by publication at the applicant's <his> own
1-20 expense in two consecutive issues of all daily newspapers of
1-21 general circulation published in the city or town in which the
1-22 applicant's place of business is located or all daily newspapers of
1-23 general circulation published in the most populous city or town in
1-24 the county if the applicant's place of business is located in an
2-1 unincorporated area of a county. If no daily newspaper is
2-2 published in the city or town, the notice shall be published in a
2-3 newspaper of general circulation published in the city, <or> town,
2-4 or county in which the applicant's <his> place of business is
2-5 located. <If no newspaper is published in the city or town, the
2-6 notice shall be published in a newspaper of general circulation
2-7 published in the county where the applicant's business is located.>
2-8 If no newspaper is published in the county, the notice shall be
2-9 published in a qualified newspaper published in the closest
2-10 neighboring county and circulated in the county of the applicant's
2-11 residence.
2-12 SECTION 3. Section 11.391, Alcoholic Beverage Code, is
2-13 amended to read as follows:
2-14 Sec. 11.391. Notice by Sign. (a) Except as provided by
2-15 Subsection (c), an <An> applicant for a mixed beverage permit,
2-16 exhibitor's permit, or a private club registration permit for a
2-17 location not previously licensed for the on-premises consumption of
2-18 alcoholic beverages shall, beginning on the first date <dates>
2-19 notice is required to be published under Section 11.39 of this code
2-20 and for seven consecutive business days after that date,
2-21 prominently post an outdoor sign at the location stating that
2-22 alcoholic beverages are intended to be served on the premises, the
2-23 proposed hours of operation of the premises, the type of permit,
2-24 and the name and business address of the applicant.
2-25 (b) The sign shall be written in a manner and of a size the
2-26 administrator considers adequate to be clearly visible from the
2-27 street and to inform the general public of the intended use of the
3-1 property. The administrator may require the sign to be both in
3-2 English and a language other than English if it is likely that a
3-3 substantial number of the residents in the area speak a language
3-4 other than English as their familiar language. The commission
3-5 shall provide such sign and may charge a fee therefor.
3-6 (c) If a sexually oriented business is to be operated on
3-7 premises covered by a permit identified by Subsection (a), the
3-8 applicant must also comply with the notice requirements of this
3-9 section when applying for a renewal permit, except that the sign
3-10 shall be posted beginning on the 30th day before the expiration
3-11 date of the permit and for seven consecutive business days after
3-12 that date.
3-13 (d) The commission shall deny an <An> application if the
3-14 applicant fails <may not be denied for failing> to post the notice
3-15 required by this section <if the commission or administrator
3-16 determines that the general public in the area in which the
3-17 premises to be licensed is located is adequately aware of the
3-18 nature of the application>.
3-19 (e) In this section, "business day" excludes Saturday,
3-20 Sunday, and a legal holiday.
3-21 SECTION 4. Subtitle A, Title 3, Alcoholic Beverage Code, is
3-22 amended by adding Chapter 54 to read as follows:
3-23 CHAPTER 54. EXHIBITOR'S PERMIT
3-24 Sec. 54.001. DEFINITIONS. In this chapter:
3-25 (1) "Nude" means a person who is:
3-26 (A) entirely unclothed; or
3-27 (B) clothed in a manner that leaves uncovered or
4-1 visible through less than fully opaque clothing any portion of the
4-2 breasts below the top of the areola of the breasts, if the person
4-3 is female, or any portion of the genitals or buttocks.
4-4 (2) "Public place" includes any area on the premises
4-5 in which an employee or other person subject to control,
4-6 supervision, direction, or discharge by the permit holder performs
4-7 any portion of the person's work.
4-8 Sec. 54.002. AUTHORIZED ACTIVITY. A holder of an
4-9 exhibitor's permit may allow a person to possess or consume on the
4-10 premises an alcoholic beverage during the time that the holder of
4-11 the permit allows an employee or other person subject to control,
4-12 supervision, direction, or discharge by the permit holder to be
4-13 nude at a public place on the premises covered by the permit.
4-14 Sec. 54.003. FEE. The annual state fee for an exhibitor's
4-15 permit is $3,000.
4-16 Sec. 54.004. PERMIT REQUIRED; PENALTY. (a) A person
4-17 commits an offense if the person engages in conduct authorized by
4-18 Section 54.002 and does not hold an exhibitor's permit.
4-19 (b) An offense under this section is a felony of the third
4-20 degree.
4-21 Sec. 54.005. DISTANCE REQUIREMENTS. The commission may not
4-22 issue or renew a permit under this chapter if the premises is
4-23 located within 3,000 feet of a residential neighborhood, church or
4-24 other house of worship, public or private school, playground,
4-25 playing field or park used by children under the age of 16,
4-26 day-care center, adult care facility, hospital, or premises of a
4-27 holder of another permit issued under this chapter.
5-1 Sec. 54.006. RESTRICTED ENTRY. (a) A person 18 years of
5-2 age or younger may not enter the premises of the holder of a permit
5-3 issued under this chapter.
5-4 (b) A person commits an offense if with criminal negligence
5-5 the person allows an individual 18 years of age or younger to enter
5-6 the premises of the holder of a permit issued under this chapter.
5-7 A person does not commit an offense if the individual who is 18
5-8 years of age or younger falsely represents the individual's age by
5-9 displaying an apparently valid Texas driver's license or an
5-10 identification card issued by the Texas Department of Public Safety
5-11 containing a physical description consistent with the individual's
5-12 appearance for the purpose of inducing the individual's entry to
5-13 the premises.
5-14 (c) Except as provided in Subsection (d), a violation of
5-15 this section is a misdemeanor punishable by a fine of not less than
5-16 $100 and not more than $500, by confinement in jail for not more
5-17 than one year, or by both.
5-18 (d) If a person has been previously convicted of a violation
5-19 of this section, a violation is a misdemeanor punishable by a fine
5-20 of not less than $500 and not more than $1,000, by confinement in
5-21 jail for not more than one year, or by both.
5-22 SECTION 5. This Act takes effect September 1, 1995. The
5-23 changes in law made by this Act apply only to persons who apply for
5-24 a permit or a renewal of a permit on or after the effective date of
5-25 this Act.
5-26 SECTION 6. The importance of this legislation and the
5-27 crowded condition of the calendars in both houses create an
6-1 emergency and an imperative public necessity that the
6-2 constitutional rule requiring bills to be read on three several
6-3 days in each house be suspended, and this rule is hereby suspended.