By Kubiak H.B. No. 3436
75R7210 LJR-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to reports required by certain retailers of alcoholic
1-3 beverages.
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 failed to promptly report to the
3-20 commission a breach of the peace occurring on the permittee's
3-21 licensed premises.
3-22 SECTION 2. Section 61.71(a), Alcoholic Beverage Code, is
3-23 amended to read as follows:
3-24 (a) The commission or administrator may suspend for not more
3-25 than 60 days or cancel an original or renewal retail dealer's
3-26 on- or off-premise license if it is found, after notice and
3-27 hearing, that the licensee:
4-1 (1) violated a provision of this code or a rule of the
4-2 commission during the existence of the license sought to be
4-3 cancelled or suspended or during the immediately preceding license
4-4 period;
4-5 (2) was finally convicted for violating a penal
4-6 provision of this code;
4-7 (3) was finally convicted of a felony while holding an
4-8 original or renewal license;
4-9 (4) made a false statement or a misrepresentation in
4-10 his original application or a renewal application;
4-11 (5) with criminal negligence sold, served, or
4-12 delivered beer to a minor;
4-13 (6) sold, served, or delivered beer to an intoxicated
4-14 person;
4-15 (7) sold, served, or delivered beer at a time when its
4-16 sale is prohibited;
4-17 (8) entered or offered to enter an agreement,
4-18 condition, or system which would constitute the sale or possession
4-19 of alcoholic beverages on consignment;
4-20 (9) possessed on the licensed premises, or on adjacent
4-21 premises directly or indirectly under his control, an alcoholic
4-22 beverage not authorized to be sold on the licensed premises, or
4-23 permitted an agent, servant, or employee to do so, except as
4-24 permitted by Section 22.06, 24.05, or 102.05 of this code;
4-25 (10) does not have at his licensed premises running
4-26 water, if it is available, and separate toilets for both sexes
4-27 which are properly identified;
5-1 (11) permitted a person on the licensed premises to
5-2 engage in conduct which is lewd, immoral, or offensive to public
5-3 decency;
5-4 (12) employed a person under 18 years of age to sell,
5-5 handle, or dispense beer, or to assist in doing so, in an
5-6 establishment where beer is sold for on-premises consumption;
5-7 (13) conspired with a person to violate Section
5-8 101.41-101.43, 101.68, 102.11-102.15, 104.04, 108.01, or
5-9 108.04-108.06 of this code, or a rule promulgated under Section
5-10 5.40 of this code, or accepted a benefit from an act prohibited by
5-11 any of these sections or rules;
5-12 (14) refused to permit or interfered with an
5-13 inspection of the licensed premises by an authorized representative
5-14 of the commission or a peace officer;
5-15 (15) permitted the use or display of his license in
5-16 the conduct of a business for the benefit of a person not
5-17 authorized by law to have an interest in the license;
5-18 (16) maintained blinds or barriers at his place of
5-19 business in violation of this code;
5-20 (17) conducted his business in a place or manner which
5-21 warrants the cancellation or suspension of the license based on the
5-22 general welfare, health, peace, morals, safety, and sense of
5-23 decency of the people;
5-24 (18) consumed an alcoholic beverage or permitted one
5-25 to be consumed on the licensed premises at a time when the
5-26 consumption of alcoholic beverages is prohibited by this code;
5-27 (19) purchased beer for the purpose of resale from a
6-1 person other than the holder of a manufacturer's or distributor's
6-2 license;
6-3 (20) acquired an alcoholic beverage for the purpose of
6-4 resale from another retail dealer of alcoholic beverages;
6-5 (21) owned an interest of any kind in the business or
6-6 premises of the holder of a distributor's license;
6-7 (22) purchased, sold, offered for sale, distributed,
6-8 or delivered an alcoholic beverage, or consumed an alcoholic
6-9 beverage or permitted one to be consumed on the licensed premises
6-10 while his license was under suspension;
6-11 (23) purchased, possessed, stored, sold, or offered
6-12 for sale beer in or from an original package bearing a brand or
6-13 trade name of a manufacturer other than the brand or trade name
6-14 shown on the container;
6-15 (24) habitually uses alcoholic beverages to excess, is
6-16 mentally incompetent, or is physically unable to manage his
6-17 establishment;
6-18 (25) imported beer into this state except as
6-19 authorized by Section 107.07 of this code;
6-20 (26) occupied premises in which the holder of a
6-21 manufacturer's or distributor's license had an interest of any
6-22 kind;
6-23 (27) knowingly permitted a person who had an interest
6-24 in a permit or license which was cancelled for cause to sell,
6-25 handle, or assist in selling or handling alcoholic beverages on the
6-26 licensed premises within one year after the cancellation;
6-27 (28) was financially interested in a place of business
7-1 engaged in the selling of distilled spirits or permitted a person
7-2 having an interest in that type of business to have a financial
7-3 interest in the business authorized by his license, except as
7-4 permitted by Section 22.06, 24.05, or 102.05 of this code;
7-5 (29) is residentially domiciled with or related to a
7-6 person engaged in selling distilled spirits, except as permitted by
7-7 Section 22.06, 24.05, or 102.05 of this code, so that there is a
7-8 community of interests which the commission or administrator finds
7-9 contrary to the purposes of this code; [or]
7-10 (30) is residentially domiciled with or related to a
7-11 person whose license has been cancelled within the preceding 12
7-12 months so that there is a community of interests which the
7-13 commission or administrator finds contrary to the purposes of this
7-14 code; or
7-15 (31) failed to promptly report to the commission a
7-16 breach of the peace occurring on the licensee's licensed premises.
7-17 SECTION 3. The change in law made by this Act applies to the
7-18 holder of an alcoholic beverage permit or retail dealer's on- or
7-19 off-premise license, including a holder of a food and beverage
7-20 certificate issued by the Texas Alcoholic Beverage Commission.
7-21 SECTION 4. This Act takes effect September 1, 1997.
7-22 SECTION 5. The importance of this legislation and the
7-23 crowded condition of the calendars in both houses create an
7-24 emergency and an imperative public necessity that the
7-25 constitutional rule requiring bills to be read on three several
7-26 days in each house be suspended, and this rule is hereby suspended.