By Nixon H.B. No. 281
75R2276 BEM-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the sale, consumption, and possession of alcoholic
1-3 beverages at sexually oriented businesses.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter D, Chapter 109, Alcoholic Beverage
1-6 Code, is amended by adding Section 109.571 to read as follows:
1-7 Sec. 109.571. ALCOHOL PROHIBITED AT SEXUALLY ORIENTED
1-8 BUSINESS. Notwithstanding any law to the contrary, a sexually
1-9 oriented business, as defined by Section 243.002, Local Government
1-10 Code, may not sell or allow the consumption or possession of
1-11 alcoholic beverages on its premises.
1-12 SECTION 2. Section 11.43, Alcoholic Beverage Code, is
1-13 amended to read as follows:
1-14 Sec. 11.43. DISCRETION TO GRANT OR REFUSE PERMIT.
1-15 [(a)] The commission and administrator have discretionary
1-16 authority to grant or refuse to issue an original or renewal permit
1-17 under the provisions of this subchapter or any other applicable
1-18 provision of this code.
1-19 [(b) Notwithstanding any other provision of this code that
1-20 authorizes the commission or administrator to refuse to issue a
1-21 permit without a hearing, the commission or administrator shall
1-22 hold a hearing before granting or refusing to issue an original
1-23 mixed beverage permit, private club registration permit, wine and
1-24 beer retailer's permit, or retail dealer's on-premise license if a
2-1 sexually oriented business is to be operated on the premises to be
2-2 covered by the permit or license.]
2-3 [(c) A hearing shall be held on any renewal application of a
2-4 mixed beverage permit, private club registration permit, wine and
2-5 beer retailer's permit, or retail dealer's on-premise license if a
2-6 sexually oriented business is to be operated on the premises to be
2-7 covered by the permit or license and a petition is presented to the
2-8 commission requesting a hearing which is signed by 50 percent of
2-9 the residents who reside within 300 feet of any property line of
2-10 the affected premises.]
2-11 [(d) A request for a hearing made under Subsection (b) or
2-12 (c) of this section must include an allegation of grounds on which
2-13 the original or renewal application, as applicable, should be
2-14 denied.]
2-15 SECTION 3. Section 243.005, Local Government Code, is
2-16 amended to read as follows:
2-17 Sec. 243.005. [BUSINESS LICENSED UNDER ALCOHOLIC BEVERAGE
2-18 CODE:] BUSINESS HAVING COIN-OPERATED MACHINES. (a) A business is
2-19 not exempt from regulation under this chapter [because it holds a
2-20 license or permit under the Alcoholic Beverage Code authorizing the
2-21 sale or service of alcoholic beverages or] because it contains one
2-22 or more coin-operated machines that are subject to regulation or
2-23 taxation, or both, under Chapter 8, Title 132, Revised Statutes.
2-24 (b) A regulation adopted under this chapter may not
2-25 discriminate against a business on the basis of whether [the
2-26 business holds a license or permit under the Alcoholic Beverage
2-27 Code or on the basis of whether] it contains one or more
3-1 coin-operated machines that are subject to regulation or taxation,
3-2 or both, under Chapter 8, Title 132, Revised Statutes.
3-3 [(c) This chapter does not affect the existing preemption by
3-4 the state of the regulation of alcoholic beverages and the
3-5 alcoholic beverage industry as provided by Section 1.06, Alcoholic
3-6 Beverage Code.]
3-7 SECTION 4. This Act takes effect September 1, 1997.
3-8 SECTION 5. The importance of this legislation and the
3-9 crowded condition of the calendars in both houses create an
3-10 emergency and an imperative public necessity that the
3-11 constitutional rule requiring bills to be read on three several
3-12 days in each house be suspended, and this rule is hereby suspended.