By Kubiak H.B. No. 3440
75R7216 PAM-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the cancellation or suspension of certain alcoholic
1-3 beverage licenses.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 61.71(a), Alcoholic Beverage Code, is
1-6 amended to read as follows:
1-7 (a) The commission or administrator may suspend for not more
1-8 than 60 days or cancel an original or renewal retail dealer's
1-9 on- or off-premise license if it is found, after notice and
1-10 hearing, that the licensee:
1-11 (1) violated a provision of this code or a rule of the
1-12 commission during the existence of the license sought to be
1-13 cancelled or suspended or during the immediately preceding license
1-14 period;
1-15 (2) was finally convicted for violating a penal
1-16 provision of this code;
1-17 (3) was finally convicted of a felony while holding an
1-18 original or renewal license;
1-19 (4) made a false statement or a misrepresentation in
1-20 his original application or a renewal application;
1-21 (5) with criminal negligence sold, served, or
1-22 delivered an alcoholic beverage [beer] to a minor;
1-23 (6) sold, served, or delivered an alcoholic beverage
1-24 [beer] to an intoxicated person;
2-1 (7) sold, served, or delivered an alcoholic beverage
2-2 [beer] at a time when its sale is prohibited;
2-3 (8) entered or offered to enter an agreement,
2-4 condition, or system which would constitute the sale or possession
2-5 of alcoholic beverages on consignment;
2-6 (9) possessed on the licensed premises, or on adjacent
2-7 premises directly or indirectly under his control, an alcoholic
2-8 beverage not authorized to be sold on the licensed premises, or
2-9 permitted an agent, servant, or employee to do so, except as
2-10 permitted by Section 22.06, 24.05, or 102.05 of this code;
2-11 (10) does not have at his licensed premises running
2-12 water, if it is available, and separate toilets for both sexes
2-13 which are properly identified;
2-14 (11) permitted a person on the licensed premises to
2-15 engage in conduct which is lewd, immoral, or offensive to public
2-16 decency;
2-17 (12) employed a person under 18 years of age to sell,
2-18 handle, or dispense beer, or to assist in doing so, in an
2-19 establishment where beer is sold for on-premises consumption;
2-20 (13) conspired with a person to violate Section
2-21 101.41-101.43, 101.68, 102.11-102.15, 104.04, 108.01, or
2-22 108.04-108.06 of this code, or a rule promulgated under Section
2-23 5.40 of this code, or accepted a benefit from an act prohibited by
2-24 any of these sections or rules;
2-25 (14) refused to permit or interfered with an
2-26 inspection of the licensed premises by an authorized representative
2-27 of the commission or a peace officer;
3-1 (15) permitted the use or display of his license in
3-2 the conduct of a business for the benefit of a person not
3-3 authorized by law to have an interest in the license;
3-4 (16) maintained blinds or barriers at his place of
3-5 business in violation of this code;
3-6 (17) conducted his business in a place or manner which
3-7 warrants the cancellation or suspension of the license based on the
3-8 general welfare, health, peace, morals, safety, and sense of
3-9 decency of the people;
3-10 (18) consumed an alcoholic beverage or permitted one
3-11 to be consumed on the licensed premises at a time when the
3-12 consumption of alcoholic beverages is prohibited by this code;
3-13 (19) purchased beer for the purpose of resale from a
3-14 person other than the holder of a manufacturer's or distributor's
3-15 license;
3-16 (20) acquired an alcoholic beverage for the purpose of
3-17 resale from another retail dealer of alcoholic beverages;
3-18 (21) owned an interest of any kind in the business or
3-19 premises of the holder of a distributor's license;
3-20 (22) purchased, sold, offered for sale, distributed,
3-21 or delivered an alcoholic beverage, or consumed an alcoholic
3-22 beverage or permitted one to be consumed on the licensed premises
3-23 while his license was under suspension;
3-24 (23) purchased, possessed, stored, sold, or offered
3-25 for sale beer in or from an original package bearing a brand or
3-26 trade name of a manufacturer other than the brand or trade name
3-27 shown on the container;
4-1 (24) habitually uses alcoholic beverages to excess, is
4-2 mentally incompetent, or is physically unable to manage his
4-3 establishment;
4-4 (25) imported beer into this state except as
4-5 authorized by Section 107.07 of this code;
4-6 (26) occupied premises in which the holder of a
4-7 manufacturer's or distributor's license had an interest of any
4-8 kind;
4-9 (27) knowingly permitted a person who had an interest
4-10 in a permit or license which was cancelled for cause to sell,
4-11 handle, or assist in selling or handling alcoholic beverages on the
4-12 licensed premises within one year after the cancellation;
4-13 (28) was financially interested in a place of business
4-14 engaged in the selling of distilled spirits or permitted a person
4-15 having an interest in that type of business to have a financial
4-16 interest in the business authorized by his license, except as
4-17 permitted by Section 22.06, 24.05, or 102.05 of this code;
4-18 (29) is residentially domiciled with or related to a
4-19 person engaged in selling distilled spirits, except as permitted by
4-20 Section 22.06, 24.05, or 102.05 of this code, so that there is a
4-21 community of interests which the commission or administrator finds
4-22 contrary to the purposes of this code; or
4-23 (30) is residentially domiciled with or related to a
4-24 person whose license has been cancelled within the preceding 12
4-25 months so that there is a community of interests which the
4-26 commission or administrator finds contrary to the purposes of this
4-27 code.
5-1 SECTION 2. (a) This Act takes effect September 1, 1997.
5-2 (b) The change in law made by this Act applies to an offense
5-3 committed on or after the effective date of this Act. For purposes
5-4 of this section, an offense is committed before the effective date
5-5 of this Act if any element of the offense occurs before that date.
5-6 (c) An offense committed before the effective date of this
5-7 Act is governed by the law in effect when the offense was
5-8 committed, and the former law is continued in effect for that
5-9 purpose.
5-10 (d) This Act applies to a holder of any license issued under
5-11 Chapter 61, Alcoholic Beverage Code, including a holder of a food
5-12 and beverage certificate issued by the Texas Alcoholic Beverage
5-13 Commission.
5-14 SECTION 3. The importance of this legislation and the
5-15 crowded condition of the calendars in both houses create an
5-16 emergency and an imperative public necessity that the
5-17 constitutional rule requiring bills to be read on three several
5-18 days in each house be suspended, and this rule is hereby suspended.