1-1 AN ACT
1-2 relating to the cancellation or suspension of an alcoholic beverage
1-3 private club registration permit.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 32, Alcoholic Beverage Code, is amended
1-6 by adding Section 32.24 to read as follows:
1-7 Sec. 32.24. BREACH OF PEACE. The commission or
1-8 administrator may suspend or cancel a private club registration
1-9 permit after giving the holder notice and the opportunity to show
1-10 compliance with the requirements of law for the retention of the
1-11 permit if the commission or administrator finds that:
1-12 (1) a breach of the peace has occurred on the premises
1-13 covered by the permit or on a premises under the control of the
1-14 holder; and
1-15 (2) the breach of the peace resulted from the holder's
1-16 improper supervision of a person who was allowed on the premises
1-17 covered by the permit or on a premises under the holder's control.
1-18 SECTION 2. Sections 32.17(a) and (b), Alcoholic Beverage
1-19 Code, are amended to read as follows:
1-20 (a) The commission or administrator may cancel or suspend
1-21 for a period of time not exceeding 60 days, after notice and
1-22 hearing, an original or renewal private club registration permit on
1-23 finding that the permittee club has:
1-24 (1) sold, offered for sale, purchased, or held title
2-1 to any alcoholic beverage [liquor] so as to constitute an open
2-2 saloon;
2-3 (2) refused to allow an authorized agent or
2-4 representative of the commission or a peace officer to come on the
2-5 club premises for the purposes of inspecting alcoholic beverages
2-6 stored on the premises or investigating compliance with the
2-7 provisions of this code;
2-8 (3) refused to furnish the commission or its agent or
2-9 representative when requested any information pertaining to the
2-10 storage, possession, serving, or consumption of alcoholic beverages
2-11 on club premises;
2-12 (4) permitted or allowed any alcoholic beverages
2-13 stored on club premises to be served or consumed at any place other
2-14 than on the club premises;
2-15 (5) failed to maintain an adequate building at the
2-16 address for which the private club registration permit was issued;
2-17 (6) caused, permitted, or allowed any member of a club
2-18 in a dry area to store any liquor on club premises except under the
2-19 locker system;
2-20 (7) caused, permitted, or allowed any person to
2-21 consume or be served any alcoholic beverage on the club premises:
2-22 (A) at any time on Sunday between the hours of
2-23 1:15 a.m. and 10 a.m. or on any other day at any time between the
2-24 hours of 12:15 a.m. and 7 a.m., if the club does not have a private
2-25 club late hours permit, except that an alcoholic beverage served to
2-26 a customer between 10 a.m. and 12 noon on Sunday must be provided
2-27 during the service of food to the customer; or
3-1 (B) at any time on Sunday between the hours of 2
3-2 a.m. and 10 a.m. or on any other day at any time between the hours
3-3 of 2 a.m. and 7 a.m., if the club has a private club late hours
3-4 permit, except that an alcoholic beverage served to a customer
3-5 between 10 a.m. and 12 noon on Sunday must be provided during the
3-6 service of food to the customer; or
3-7 (8) violated or assisted, aided or abetted the
3-8 violation of any provision of this code.
3-9 (b) As used in Subsection (a)(1) of this section, the term
3-10 "open saloon" means any place where an alcoholic beverage
3-11 [manufactured in whole or in part by distillation, or liquor
3-12 composed or compounded in part of distilled spirits,] is sold or
3-13 offered for sale for beverage purposes by the drink or in broken or
3-14 unsealed containers, or a place where any alcoholic beverage is [of
3-15 the liquors are] sold or offered for sale for on-premises
3-16 consumption.
3-17 SECTION 3. (a) This Act takes effect September 1, 1997.
3-18 (b) The change in law made by Section 32.24, Alcoholic
3-19 Beverage Code, as added by this Act, applies only to a breach of
3-20 the peace that occurs on the premises of the holder of a private
3-21 club registration permit, including the holder of a food and
3-22 beverage certificate, on or after the effective date of this Act.
3-23 (c) The change in law made by this Act to Sections 32.17(a)
3-24 and (b), Alcoholic Beverage Code, applies only to the holder of a
3-25 private club registration permit, including the holder of a food
3-26 and beverage certificate, who violates Section 32.17(a)(1),
3-27 Alcoholic Beverage Code, as amended by this Act, on or after the
4-1 effective date of this Act.
4-2 SECTION 4. The importance of this legislation and the
4-3 crowded condition of the calendars in both houses create an
4-4 emergency and an imperative public necessity that the
4-5 constitutional rule requiring bills to be read on three several
4-6 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3437 was passed by the House on May
7, 1997, by a non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 3437 was passed by the Senate on May
26, 1997, by the following vote: Yeas 31, Nays 0.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor