1-1 By: Kubiak (Senate Sponsor - Cain) H.B. No. 3437
1-2 (In the Senate - Received from the House May 8, 1997;
1-3 May 9, 1997, read first time and referred to Committee on State
1-4 Affairs; May 18, 1997, reported favorably by the following vote:
1-5 Yeas 13, Nays 0; May 18, 1997, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the cancellation or suspension of an alcoholic beverage
1-9 private club registration permit.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Chapter 32, Alcoholic Beverage Code, is amended
1-12 by adding Section 32.24 to read as follows:
1-13 Sec. 32.24. BREACH OF PEACE. The commission or
1-14 administrator may suspend or cancel a private club registration
1-15 permit after giving the holder notice and the opportunity to show
1-16 compliance with the requirements of law for the retention of the
1-17 permit if the commission or administrator finds that:
1-18 (1) a breach of the peace has occurred on the premises
1-19 covered by the permit or on a premises under the control of the
1-20 holder; and
1-21 (2) the breach of the peace resulted from the holder's
1-22 improper supervision of a person who was allowed on the premises
1-23 covered by the permit or on a premises under the holder's control.
1-24 SECTION 2. Sections 32.17(a) and (b), Alcoholic Beverage
1-25 Code, are amended to read as follows:
1-26 (a) The commission or administrator may cancel or suspend
1-27 for a period of time not exceeding 60 days, after notice and
1-28 hearing, an original or renewal private club registration permit on
1-29 finding that the permittee club has:
1-30 (1) sold, offered for sale, purchased, or held title
1-31 to any alcoholic beverage [liquor] so as to constitute an open
1-32 saloon;
1-33 (2) refused to allow an authorized agent or
1-34 representative of the commission or a peace officer to come on the
1-35 club premises for the purposes of inspecting alcoholic beverages
1-36 stored on the premises or investigating compliance with the
1-37 provisions of this code;
1-38 (3) refused to furnish the commission or its agent or
1-39 representative when requested any information pertaining to the
1-40 storage, possession, serving, or consumption of alcoholic beverages
1-41 on club premises;
1-42 (4) permitted or allowed any alcoholic beverages
1-43 stored on club premises to be served or consumed at any place other
1-44 than on the club premises;
1-45 (5) failed to maintain an adequate building at the
1-46 address for which the private club registration permit was issued;
1-47 (6) caused, permitted, or allowed any member of a club
1-48 in a dry area to store any liquor on club premises except under the
1-49 locker system;
1-50 (7) caused, permitted, or allowed any person to
1-51 consume or be served any alcoholic beverage on the club premises:
1-52 (A) at any time on Sunday between the hours of
1-53 1:15 a.m. and 10 a.m. or on any other day at any time between the
1-54 hours of 12:15 a.m. and 7 a.m., if the club does not have a private
1-55 club late hours permit, except that an alcoholic beverage served to
1-56 a customer between 10 a.m. and 12 noon on Sunday must be provided
1-57 during the service of food to the customer; or
1-58 (B) at any time on Sunday between the hours of 2
1-59 a.m. and 10 a.m. or on any other day at any time between the hours
1-60 of 2 a.m. and 7 a.m., if the club has a private club late hours
1-61 permit, except that an alcoholic beverage served to a customer
1-62 between 10 a.m. and 12 noon on Sunday must be provided during the
1-63 service of food to the customer; or
1-64 (8) violated or assisted, aided or abetted the
2-1 violation of any provision of this code.
2-2 (b) As used in Subsection (a)(1) of this section, the term
2-3 "open saloon" means any place where an alcoholic beverage
2-4 [manufactured in whole or in part by distillation, or liquor
2-5 composed or compounded in part of distilled spirits,] is sold or
2-6 offered for sale for beverage purposes by the drink or in broken or
2-7 unsealed containers, or a place where any alcoholic beverage is [of
2-8 the liquors are] sold or offered for sale for on-premises
2-9 consumption.
2-10 SECTION 3. (a) This Act takes effect September 1, 1997.
2-11 (b) The change in law made by Section 32.24, Alcoholic
2-12 Beverage Code, as added by this Act, applies only to a breach of
2-13 the peace that occurs on the premises of the holder of a private
2-14 club registration permit, including the holder of a food and
2-15 beverage certificate, on or after the effective date of this Act.
2-16 (c) The change in law made by this Act to Sections 32.17(a)
2-17 and (b), Alcoholic Beverage Code, applies only to the holder of a
2-18 private club registration permit, including the holder of a food
2-19 and beverage certificate, who violates Section 32.17(a)(1),
2-20 Alcoholic Beverage Code, as amended by this Act, on or after the
2-21 effective date of this Act.
2-22 SECTION 4. The importance of this legislation and the
2-23 crowded condition of the calendars in both houses create an
2-24 emergency and an imperative public necessity that the
2-25 constitutional rule requiring bills to be read on three several
2-26 days in each house be suspended, and this rule is hereby suspended.
2-27 * * * * *