By Pickett H.B. No. 2858
75R10857 BEM-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to cancellation or suspension of certain alcoholic
1-3 beverage permits.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 11.61(b), Alcoholic Beverage Code, is
1-6 amended to read as follows:
1-7 (b) The commission or administrator may suspend for not more
1-8 than 60 days or cancel an original or renewal permit if it is
1-9 found, after notice and hearing, that any of the following is true:
1-10 (1) the permittee has been finally convicted of a
1-11 violation of this code;
1-12 (2) the permittee violated a provision of this code or
1-13 a rule of the commission;
1-14 (3) the permittee was finally convicted of a felony
1-15 while holding an original or renewal permit;
1-16 (4) the permittee made a false or misleading statement
1-17 in connection with his original or renewal application, either in
1-18 the formal application itself or in any other written instrument
1-19 relating to the application submitted to the commission, its
1-20 officers, or employees;
1-21 (5) the permittee is indebted to the state for taxes,
1-22 fees, or payment of penalties imposed by this code, by a rule of
1-23 the commission, or by Chapter 183, Tax Code;
1-24 (6) the permittee is not of good moral character or
2-1 his reputation for being a peaceable and law-abiding citizen in the
2-2 community where he resides is bad;
2-3 (7) the place or manner in which the permittee
2-4 conducts his business warrants the cancellation or suspension of
2-5 the permit based on the general welfare, health, peace, morals, and
2-6 safety of the people and on the public sense of decency;
2-7 (8) the permittee is not maintaining an acceptable
2-8 bond;
2-9 (9) the permittee maintains a noisy, lewd, disorderly,
2-10 or unsanitary establishment or has supplied impure or otherwise
2-11 deleterious beverages;
2-12 (10) the permittee is insolvent or mentally or
2-13 physically unable to carry on the management of his establishment;
2-14 (11) the permittee is in the habit of using alcoholic
2-15 beverages to excess;
2-16 (12) the permittee knowingly misrepresented to a
2-17 customer or the public any liquor sold by him;
2-18 (13) the permittee was intoxicated on the licensed
2-19 premises;
2-20 (14) the permittee sold or delivered an alcoholic
2-21 beverage to an intoxicated person;
2-22 (15) the permittee possessed on the licensed premises
2-23 an alcoholic beverage that he was not authorized by his permit to
2-24 purchase and sell;
2-25 (16) a package store or wine only package store
2-26 permittee transported or shipped liquor, or caused it to be
2-27 transported or shipped, into a dry state or a dry area within this
3-1 state;
3-2 (17) the permittee is residentially domiciled with a
3-3 person who has a financial interest in an establishment engaged in
3-4 the business of selling beer at retail, other than a mixed beverage
3-5 establishment, except as authorized by Section 22.06, 24.05, or
3-6 102.05 of this code;
3-7 (18) the permittee is residentially domiciled with a
3-8 person whose permit or license was cancelled for cause within the
3-9 12-month period preceding his own application;
3-10 (19) the permittee is not a citizen of the United
3-11 States or has not been a citizen of Texas for a period of one year
3-12 immediately preceding the filing of his application, unless he was
3-13 issued an original or renewal permit on or before September 1,
3-14 1948, and has been a United States citizen at some time; [or]
3-15 (20) the permittee permitted a person to open a
3-16 container of alcoholic beverage or possess an open container of
3-17 alcoholic beverage on the licensed premises unless a mixed beverage
3-18 permit has been issued for the premises; or
3-19 (21) the permittee, including the holder of a food and
3-20 beverage certificate, consumed an alcoholic beverage or permitted
3-21 an alcoholic beverage to be consumed on the licensed premises at a
3-22 time when the consumption of alcoholic beverages is prohibited by
3-23 this code.
3-24 SECTION 2. (a) This Act takes effect September 1, 1997.
3-25 (b) The change in law made by this Act to Section 11.61(b),
3-26 Alcoholic Beverage Code, applies to the holder of an alcoholic
3-27 beverage permit, including the holder of a food and beverage
4-1 certificate, who violates Section 11.61(b), Alcoholic Beverage
4-2 Code, as amended by this Act, on or after the effective date of
4-3 this Act.
4-4 SECTION 3. The importance of this legislation and the
4-5 crowded condition of the calendars in both houses create an
4-6 emergency and an imperative public necessity that the
4-7 constitutional rule requiring bills to be read on three several
4-8 days in each house be suspended, and this rule is hereby suspended.