By Ehrhardt H.B. No. 3026
74R8066 CAG-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to notification to certain persons of an application for
1-3 or renewal of an alcoholic beverage license or permit.
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 AND OTHER METHODS. (a) An
1-8 applicant for a permit issued under this subtitle <mixed beverage
1-9 permit or a private club registration permit for a location not
1-10 previously licensed for the on-premises consumption of alcoholic
1-11 beverages> shall, for the 30 days following the date of filing an
1-12 application with the commission <on the dates notice is required to
1-13 be published under Section 11.39 of this code>, 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 type of permit, <and>
1-16 the name and business address of the applicant, and information on
1-17 the procedure to file an objection to the application.
1-18 (b) The sign shall be written in a manner and of a size the
1-19 administrator considers adequate to inform the general public of
1-20 the intended use of the property. The administrator may require
1-21 the sign to be both in English and a language other than English if
1-22 it is likely that a substantial number of the residents in the area
1-23 speak a language other than English as their familiar language.
1-24 The commission shall provide such sign and may charge a fee
2-1 therefor. The sign must be posted at a prominent location adjacent
2-2 to a public street that is easily visible from the street.
2-3 (c) An application shall <may not> be denied or action on
2-4 the application delayed by the commission if an applicant fails
2-5 <for failing> to post the notice required by this section <if the
2-6 commission or administrator determines that the general public in
2-7 the area in which the premises to be licensed is located is
2-8 adequately aware of the nature of the application>.
2-9 (d) The applicant shall send written notice of an
2-10 application for a permit or a renewal of a permit, by first class
2-11 mail, postage paid, to each owner of property and to each household
2-12 within 200 feet of the premises described in the application.
2-13 SECTION 2. Section 61.381, Alcoholic Beverage Code, is
2-14 amended to read as follows:
2-15 Sec. 61.381. NOTICE BY SIGN AND OTHER METHODS. Section
2-16 11.391, which describes the methods of giving notice by signs or
2-17 other methods, applies to licenses issued under this subtitle. The
2-18 time for posting the notice by sign begins on the day the
2-19 application is filed under Section 61.31 <(a) An applicant for a
2-20 wine and beer retailer's permit or a retail dealer's on-premise
2-21 license for a location not previously licensed for the on-premises
2-22 consumption of alcoholic beverages shall, on the dates notice is
2-23 required to be published under Section 61.38 of this code,
2-24 prominently post an outdoor sign at the location stating that
2-25 alcoholic beverages are intended to be served on the premises, the
2-26 type of license, and the name and business address of the
2-27 applicant.>
3-1 <(b) The sign shall be written in a manner and of a size the
3-2 administrator considers adequate to inform the general public of
3-3 the intended use of the property. The administrator may require
3-4 the sign to be both in English and a language other than English if
3-5 it is likely that a substantial number of the residents in the area
3-6 speak a language other than English as their familiar language.
3-7 The commission shall provide such sign and may charge a fee
3-8 therefor.>
3-9 <(c) An application may not be denied for failing to post
3-10 the notice required by this section if the commission or
3-11 administrator determines that the general public in the area in
3-12 which the premises to be licensed is located is adequately aware of
3-13 the nature of the application>.
3-14 SECTION 3. This Act takes effect September 1, 1995, and
3-15 applies only to an application for or renewal of an alcoholic
3-16 beverage license or permit filed on or after September 1, 1995. An
3-17 application for or renewal of an alcoholic beverage license or
3-18 permit filed before September 1, 1995, is covered by the law in
3-19 effect when the application was filed, and the former law is
3-20 continued in effect for that purpose.
3-21 SECTION 4. The importance of this legislation and the
3-22 crowded condition of the calendars in both houses create an
3-23 emergency and an imperative public necessity that the
3-24 constitutional rule requiring bills to be read on three several
3-25 days in each house be suspended, and this rule is hereby suspended.