By Yarbrough H.B. No. 1252
75R5503 PAM-D
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:
1-10 (1) Chapter 25, 28, [or] 32, or 53 of this code shall
1-11 file with the commission a surety bond in the amount of $5,000
1-12 conditioned on the applicant's or holder's conformance with
1-13 alcoholic beverage law; or
1-14 (2) Chapter 22, 24, 25, 26, 28, [or] 32, or 53 and
1-15 whose place of business is within 1,000 feet of the property line
1-16 of a public school shall file with the commission a surety bond in
1-17 the amount of $10,000 conditioned on the applicant's or holder's
1-18 conformance with alcoholic beverage law.
1-19 SECTION 2. Section 11.39(a), Alcoholic Beverage Code, is
1-20 amended to read as follows:
1-21 (a) Every applicant for a pharmacist's medicinal, brewer's,
1-22 distiller's and rectifier's, mixed beverage, private club
1-23 registration, winery, wholesaler's, class B wholesaler's, wine
1-24 bottler's, exhibitor's, or package store permit shall give notice
2-1 of the application by publication at the applicant's [his] own
2-2 expense in two consecutive issues of all daily newspapers of
2-3 general circulation published in the city or town in which the
2-4 applicant's place of business is located or all daily newspapers of
2-5 general circulation published in the most populous city or town in
2-6 the county if the applicant's place of business is located in an
2-7 unincorporated area of a county. If no daily newspaper is
2-8 published in the city or town, the notice shall be published in a
2-9 newspaper of general circulation published in the city, [or] town,
2-10 or county in which the applicant's [his] place of business is
2-11 located. [If no newspaper is published in the city or town, the
2-12 notice shall be published in a newspaper of general circulation
2-13 published in the county where the applicant's business is located.]
2-14 If no newspaper is published in the county, the notice shall be
2-15 published in a qualified newspaper published in the closest
2-16 neighboring county and circulated in the county of the applicant's
2-17 residence.
2-18 SECTION 3. Section 11.391, Alcoholic Beverage Code, is
2-19 amended by amending Subsections (a), (b), and (c) and adding
2-20 Subsections (e) and (f) to read as follows:
2-21 (a) Except as provided by Subsection (e), an [An] applicant
2-22 for a mixed beverage permit, an exhibitor's permit, or a private
2-23 club registration permit for a location not previously licensed for
2-24 the on-premises consumption of alcoholic beverages shall, beginning
2-25 on the first date [dates] notice is required to be published under
2-26 Section 11.39 of this code and for seven consecutive business days
2-27 after that date, prominently post an outdoor sign at the location
3-1 stating that alcoholic beverages are intended to be served on the
3-2 premises, the proposed hours of operation of the premises, the type
3-3 of permit, and the name and business address of the applicant.
3-4 (b) The sign shall be written in a manner and of a size the
3-5 administrator considers adequate to be clearly visible from the
3-6 street and to inform the general public of the intended use of the
3-7 property. The administrator may require the sign to be both in
3-8 English and in a language other than English if it is likely that a
3-9 substantial number of the residents in the area speak a language
3-10 other than English as their familiar language. The commission
3-11 shall provide such sign and may charge a fee therefor.
3-12 (c) The commission shall deny an [An] application if the
3-13 applicant fails [may not be denied for failing] to post the notice
3-14 required by this section [if the commission or administrator
3-15 determines that the general public in the area in which the
3-16 premises to be licensed is located is adequately aware of the
3-17 nature of the application].
3-18 (e) If a sexually oriented business is to be operated on
3-19 premises covered by a permit identified by Subsection (a), the
3-20 applicant must also comply with the notice requirements of this
3-21 section when applying for a renewal permit, except that the sign
3-22 shall be posted beginning on the 30th day before the expiration
3-23 date of the permit and for seven consecutive business days after
3-24 that date.
3-25 (f) In this section, "business day" excludes Saturday,
3-26 Sunday, and a legal holiday.
3-27 SECTION 4. Subtitle A, Title 3, Alcoholic Beverage Code, is
4-1 amended by adding Chapter 53 to read as follows:
4-2 CHAPTER 53. EXHIBITOR'S PERMIT
4-3 Sec. 53.01. DEFINITIONS. In this chapter:
4-4 (1) "Employee" includes a person who is subject to
4-5 control, supervision, direction, or discharge by a person who holds
4-6 a permit under this chapter.
4-7 (2) "Nude" means a person who exposes the person's
4-8 body in a manner that constitutes lewd, immoral, or offensive
4-9 conduct under Section 104.01.
4-10 (3) "Public place" includes any area on the premises
4-11 in which an employee performs any portion of the employee's work.
4-12 (4) "Sexually oriented business" has the meaning
4-13 assigned by Section 243.002, Local Government Code.
4-14 Sec. 53.02. AUTHORIZED ACTIVITY. A holder of an exhibitor's
4-15 permit may allow a person to possess or consume on the premises an
4-16 alcoholic beverage during the time that the holder of the permit
4-17 allows:
4-18 (1) any person to perform any part of a sexually
4-19 oriented business on the premises covered by the permit; or
4-20 (2) an employee to be nude at a public place on the
4-21 premises covered by the permit.
4-22 Sec. 53.03. FEE. The annual state fee for an exhibitor's
4-23 permit is $3,000.
4-24 Sec. 53.04. PERMIT REQUIRED; PENALTY. (a) An exhibitor's
4-25 permit is required for a business that:
4-26 (1) is a sexually oriented business; and
4-27 (2) allows a person to possess or consume an alcoholic
5-1 beverage on the premises.
5-2 (b) A person commits an offense if the person engages in
5-3 conduct authorized by Section 53.02 and does not hold an
5-4 exhibitor's permit.
5-5 (c) An offense under this section is a felony of the third
5-6 degree.
5-7 Sec. 53.05. DISTANCE REQUIREMENTS. The commission may not
5-8 issue or renew a permit under this chapter if the location of the
5-9 premises violates a municipal ordinance or county order regulating
5-10 the distance required between the premises and a residential
5-11 neighborhood, church or other house of worship, public or private
5-12 school, playground, playing field or park used by children under
5-13 the age of 16, day-care center, adult care facility, hospital, or
5-14 premises of a holder of another permit issued under this chapter.
5-15 Sec. 53.06. RESTRICTED ENTRY. (a) An individual 18 years
5-16 of age or younger may not enter the premises of the holder of a
5-17 permit issued under this chapter.
5-18 (b) A person commits an offense if with criminal negligence
5-19 the person allows an individual 18 years of age or younger to enter
5-20 the premises of the holder of a permit issued under this chapter.
5-21 A person does not commit an offense if the individual who is 18
5-22 years of age or younger falsely represents the individual's age by
5-23 displaying an apparently valid Texas driver's license or an
5-24 identification card issued by the Department of Public Safety
5-25 containing a physical description consistent with the individual's
5-26 appearance for the purpose of inducing the individual's entry to
5-27 the premises.
6-1 (c) Except as provided in Subsection (d), a violation of
6-2 this section is a misdemeanor punishable by a fine of not less than
6-3 $100 and not more than $500, by confinement in jail for not more
6-4 than one year, or by both.
6-5 (d) If a person has been previously convicted of a violation
6-6 of this section, a violation is a misdemeanor punishable by a fine
6-7 of not less than $500 and not more than $1,000, by confinement in
6-8 jail for not more than one year, or by both.
6-9 SECTION 5. Section 109.59, Alcoholic Beverage Code, is
6-10 repealed.
6-11 SECTION 6. This Act takes effect September 1, 1997. The
6-12 changes in law made by this Act apply only to persons who apply for
6-13 a permit or a renewal of a permit on or after the effective date of
6-14 this Act.
6-15 SECTION 7. The importance of this legislation and the
6-16 crowded condition of the calendars in both houses create an
6-17 emergency and an imperative public necessity that the
6-18 constitutional rule requiring bills to be read on three several
6-19 days in each house be suspended, and this rule is hereby suspended.