By Yarbrough H.B. No. 1419
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to certificates and permits issued by the Alcoholic
1-3 Beverage Commission and to regulation of private club permittees by
1-4 certain municipalities.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Chapter 28, Alcoholic Beverage Code, is amended
1-7 by adding Section 28.18 to read as follows:
1-8 Sec. 28.18. FOOD AND BEVERAGE CERTIFICATE. (a) A holder of
1-9 a mixed beverage permit may be issued a food and beverage
1-10 certificate by the commission if the gross receipts of mixed
1-11 beverages sold by the holder are 75 percent or less of the total
1-12 gross receipts from the premises.
1-13 (b) The commission by rule shall adopt a method for
1-14 reporting the holder's gross receipts from the sale of mixed
1-15 beverages and the holder's gross receipts from the premises.
1-16 (c) The annual fee for a food and beverage certificate shall
1-17 cover the cost of certifying and issuing the certificate.
1-18 (d) On receipt of an application for a renewal of a mixed
1-19 beverage permit by a holder who also holds a food and beverage
1-20 certificate, the commission shall request certification by the
1-21 comptroller to determine whether the holder is in compliance with
1-22 Subsection (a). If the comptroller certifies that the holder is
1-23 not in compliance with Subsection (a), the commission may not renew
1-24 the certificate.
2-1 (e) A certificate expires on the first anniversary of the
2-2 issuance of the certificate. A holder of a mixed beverage permit
2-3 who is denied renewal of a certificate may not apply for a new
2-4 certificate until the day after the first anniversary of the
2-5 determination of the comptroller under Subsection (d).
2-6 (f) The provisions of this code that apply to a holder of a
2-7 mixed beverage permit, except Section 11.11, also apply to a holder
2-8 of a food and beverage certificate.
2-9 SECTION 2. Chapter 32, Alcoholic Beverage Code, is amended
2-10 by adding Section 32.23 to read as follows:
2-11 Sec. 32.23. FOOD AND BEVERAGE CERTIFICATE. (a) A holder of
2-12 a private club registration permit may be issued a food and
2-13 beverage certificate by the commission if the gross receipts of
2-14 mixed beverages served by the holder are 75 percent or less of the
2-15 total gross receipts from the premises.
2-16 (b) The commission by rule shall adopt a method for
2-17 reporting the holder's gross receipts from the service of mixed
2-18 beverages and the holder's gross receipts from the premises.
2-19 (c) The annual fee for a food and beverage certificate shall
2-20 cover the cost of certifying and issuing the certificate.
2-21 (d) On receipt of an application for a renewal of a private
2-22 club registration permit by a holder who also holds a food and
2-23 beverage certificate, the commission shall request certification by
2-24 the comptroller to determine whether the holder is in compliance
2-25 with Subsection (a). If the comptroller certifies that the holder
2-26 is not in compliance with Subsection (a), the commission may not
2-27 renew the certificate.
3-1 (e) A certificate expires on the first anniversary of the
3-2 issuance of the certificate. A holder of a private club
3-3 registration permit who is denied renewal of a certificate may not
3-4 apply for a new certificate until the day after the first
3-5 anniversary of the determination of the comptroller under
3-6 Subsection (d).
3-7 (f) The provisions of this code that apply to a holder of a
3-8 private club registration permit, except Sections 11.11, 11.392,
3-9 11.612, and 109.57(e), also apply to a holder of a food and
3-10 beverage certificate.
3-11 SECTION 3. Subchapter B, Chapter 11, Alcoholic Beverage
3-12 Code, is amended by adding Section 11.392 to read as follows:
3-13 Sec. 11.392. NOTICE OF PRIVATE CLUB APPLICATION OR RENEWAL.
3-14 (a) The commission shall give notice of an application for a
3-15 permit or renewal of a permit issued under Chapter 32 or 33 to:
3-16 (1) the state senator and the state representative who
3-17 represent the district in which the premises are located;
3-18 (2) the municipal governing body, if the premises are
3-19 located in an incorporated area, and the commissioners court of the
3-20 county in which the premises are located; and
3-21 (3) the chief of police of the municipality, if the
3-22 premises are located in an incorporated area, and the sheriff of
3-23 the county in which the premises are located.
3-24 (b) Notwithstanding Section 11.39(c) of this chapter, the
3-25 applicant for a private club permit renewal shall publish notice of
3-26 the renewal application in a newspaper of general circulation in
3-27 accordance with the requirements of Sections 11.39(a) and (b).
4-1 (c) Notices provided under this section must be given not
4-2 later than:
4-3 (1) the fifth day after the date the application is
4-4 filed; or
4-5 (2) the 31st day before the expiration date of a
4-6 permit in the case of renewal.
4-7 (d) This section does not apply to a fraternal or veterans
4-8 organization applying for a permit or a renewal of a permit.
4-9 SECTION 4. Section 11.61(d), Alcoholic Beverage Code, is
4-10 amended to read as follows:
4-11 (d) The commission or administrator without a hearing may
4-12 for investigative purposes summarily suspend a mixed beverage
4-13 permit<, a private club registration permit,> or a wine and beer
4-14 retailer's permit for not more than seven days if the commission or
4-15 administrator finds that a shooting, stabbing, or murder has
4-16 occurred on the licensed premises which is likely to result in a
4-17 subsequent act of violence. Notice of the order suspending the
4-18 permit shall be given to the permittee personally within 24 hours
4-19 of the time the violent act occurs. If the permittee cannot be
4-20 located, notice shall be provided by posting a copy of the order on
4-21 the front door of the licensed premises.
4-22 SECTION 5. Subchapter C, Chapter 11, Alcoholic Beverage
4-23 Code, is amended by adding Sections 11.612 and 11.613 to read as
4-24 follows:
4-25 Sec. 11.612. CANCELLATION OF PRIVATE CLUB PERMIT. (a) The
4-26 commission or administrator may cancel an original or a renewal
4-27 permit issued under Chapter 32 or 33 and may refuse to issue any
5-1 new alcoholic beverage permit for the same premises for one year
5-2 after the date of cancellation if:
5-3 (1) the chief of police of the municipality, if the
5-4 premises are located in an incorporated area, or the sheriff of the
5-5 county in which the premises are located has submitted a sworn
5-6 statement to the commission stating specific allegations that the
5-7 place or manner in which the permittee conducts its business
5-8 endangers the general welfare, health, peace, morals, or safety of
5-9 the community; and
5-10 (2) the commission or administrator finds, after
5-11 notice and hearing within the county where the premises are
5-12 located, that the place or manner in which the permittee conducts
5-13 its business does in fact endanger the general welfare, health,
5-14 peace, morals, or safety of the community.
5-15 (b) This section does not apply to a permit issued to a
5-16 fraternal or veterans organization.
5-17 Sec. 11.613. SUMMARY SUSPENSION OF PRIVATE CLUB PERMIT. The
5-18 commission or administrator without a hearing may for investigative
5-19 purposes summarily suspend a permit issued under Chapter 32 or 33
5-20 for not more than seven days if the commission or administrator
5-21 finds that a shooting, stabbing, or murder has occurred on the
5-22 licensed premises that is likely to result in a subsequent act of
5-23 violence. Notice of the order suspending the permit shall be given
5-24 to the permittee personally within 72 hours of the time the violent
5-25 act occurs. If the permittee cannot be located, notice shall be
5-26 provided by posting a copy of the order on the front door of the
5-27 licensed premises.
6-1 SECTION 6. Section 109.57, Alcoholic Beverage Code, is
6-2 amended by adding Subsection (e) to read as follows:
6-3 (e) A municipality located in a county that has a population
6-4 of 1.2 million or more and that is adjacent to a county with a
6-5 population of more than 250,000 or a municipality located in a
6-6 county with a population of 250,000 or more and that is adjacent to
6-7 a county with a population of 1.2 million or more may regulate, in
6-8 a manner not otherwise prohibited by law, the location of an
6-9 establishment issued a permit under Chapter 32 or 33 if:
6-10 (1) the establishment derives 35 percent or more of
6-11 the establishment's gross revenue from the on-premises sale or
6-12 service of alcoholic beverages and the premises of the
6-13 establishment are located in a dry area; and
6-14 (2) the permit is not issued to a fraternal or
6-15 veterans organization.
6-16 SECTION 7. This Act takes effect September 1, 1995.
6-17 SECTION 8. The importance of this legislation and the
6-18 crowded condition of the calendars in both houses create an
6-19 emergency and an imperative public necessity that the
6-20 constitutional rule requiring bills to be read on three several
6-21 days in each house be suspended, and this rule is hereby suspended.