1-1 By: Kubiak (Senate Sponsor - Cain) H.B. No. 3440
1-2 (In the Senate - Received from the House May 5, 1997;
1-3 May 6, 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 certain alcoholic
1-9 beverage licenses.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 61.71(a), Alcoholic Beverage Code, is
1-12 amended to read as follows:
1-13 (a) The commission or administrator may suspend for not more
1-14 than 60 days or cancel an original or renewal retail dealer's
1-15 on- or off-premise license if it is found, after notice and
1-16 hearing, that the licensee:
1-17 (1) violated a provision of this code or a rule of the
1-18 commission during the existence of the license sought to be
1-19 cancelled or suspended or during the immediately preceding license
1-20 period;
1-21 (2) was finally convicted for violating a penal
1-22 provision of this code;
1-23 (3) was finally convicted of a felony while holding an
1-24 original or renewal license;
1-25 (4) made a false statement or a misrepresentation in
1-26 his original application or a renewal application;
1-27 (5) with criminal negligence sold, served, or
1-28 delivered an alcoholic beverage [beer] to a minor;
1-29 (6) sold, served, or delivered an alcoholic beverage
1-30 [beer] to an intoxicated person;
1-31 (7) sold, served, or delivered an alcoholic beverage
1-32 [beer] at a time when its sale is prohibited;
1-33 (8) entered or offered to enter an agreement,
1-34 condition, or system which would constitute the sale or possession
1-35 of alcoholic beverages on consignment;
1-36 (9) possessed on the licensed premises, or on adjacent
1-37 premises directly or indirectly under his control, an alcoholic
1-38 beverage not authorized to be sold on the licensed premises, or
1-39 permitted an agent, servant, or employee to do so, except as
1-40 permitted by Section 22.06, 24.05, or 102.05 of this code;
1-41 (10) does not have at his licensed premises running
1-42 water, if it is available, and separate toilets for both sexes
1-43 which are properly identified;
1-44 (11) permitted a person on the licensed premises to
1-45 engage in conduct which is lewd, immoral, or offensive to public
1-46 decency;
1-47 (12) employed a person under 18 years of age to sell,
1-48 handle, or dispense beer, or to assist in doing so, in an
1-49 establishment where beer is sold for on-premises consumption;
1-50 (13) conspired with a person to violate Section
1-51 101.41-101.43, 101.68, 102.11-102.15, 104.04, 108.01, or
1-52 108.04-108.06 of this code, or a rule promulgated under Section
1-53 5.40 of this code, or accepted a benefit from an act prohibited by
1-54 any of these sections or rules;
1-55 (14) refused to permit or interfered with an
1-56 inspection of the licensed premises by an authorized representative
1-57 of the commission or a peace officer;
1-58 (15) permitted the use or display of his license in
1-59 the conduct of a business for the benefit of a person not
1-60 authorized by law to have an interest in the license;
1-61 (16) maintained blinds or barriers at his place of
1-62 business in violation of this code;
1-63 (17) conducted his business in a place or manner which
1-64 warrants the cancellation or suspension of the license based on the
2-1 general welfare, health, peace, morals, safety, and sense of
2-2 decency of the people;
2-3 (18) consumed an alcoholic beverage or permitted one
2-4 to be consumed on the licensed premises at a time when the
2-5 consumption of alcoholic beverages is prohibited by this code;
2-6 (19) purchased beer for the purpose of resale from a
2-7 person other than the holder of a manufacturer's or distributor's
2-8 license;
2-9 (20) acquired an alcoholic beverage for the purpose of
2-10 resale from another retail dealer of alcoholic beverages;
2-11 (21) owned an interest of any kind in the business or
2-12 premises of the holder of a distributor's license;
2-13 (22) purchased, sold, offered for sale, distributed,
2-14 or delivered an alcoholic beverage, or consumed an alcoholic
2-15 beverage or permitted one to be consumed on the licensed premises
2-16 while his license was under suspension;
2-17 (23) purchased, possessed, stored, sold, or offered
2-18 for sale beer in or from an original package bearing a brand or
2-19 trade name of a manufacturer other than the brand or trade name
2-20 shown on the container;
2-21 (24) habitually uses alcoholic beverages to excess, is
2-22 mentally incompetent, or is physically unable to manage his
2-23 establishment;
2-24 (25) imported beer into this state except as
2-25 authorized by Section 107.07 of this code;
2-26 (26) occupied premises in which the holder of a
2-27 manufacturer's or distributor's license had an interest of any
2-28 kind;
2-29 (27) knowingly permitted a person who had an interest
2-30 in a permit or license which was cancelled for cause to sell,
2-31 handle, or assist in selling or handling alcoholic beverages on the
2-32 licensed premises within one year after the cancellation;
2-33 (28) was financially interested in a place of business
2-34 engaged in the selling of distilled spirits or permitted a person
2-35 having an interest in that type of business to have a financial
2-36 interest in the business authorized by his license, except as
2-37 permitted by Section 22.06, 24.05, or 102.05 of this code;
2-38 (29) is residentially domiciled with or related to a
2-39 person engaged in selling distilled spirits, except as permitted by
2-40 Section 22.06, 24.05, or 102.05 of this code, so that there is a
2-41 community of interests which the commission or administrator finds
2-42 contrary to the purposes of this code; or
2-43 (30) is residentially domiciled with or related to a
2-44 person whose license has been cancelled within the preceding 12
2-45 months so that there is a community of interests which the
2-46 commission or administrator finds contrary to the purposes of this
2-47 code.
2-48 SECTION 2. (a) This Act takes effect September 1, 1997.
2-49 (b) The change in law made by this Act applies to an offense
2-50 committed on or after the effective date of this Act. For purposes
2-51 of this section, an offense is committed before the effective date
2-52 of this Act if any element of the offense occurs before that date.
2-53 (c) An offense committed before the effective date of this
2-54 Act is governed by the law in effect when the offense was
2-55 committed, and the former law is continued in effect for that
2-56 purpose.
2-57 (d) This Act applies to a holder of any license issued under
2-58 Chapter 61, Alcoholic Beverage Code, including a holder of a food
2-59 and beverage certificate issued by the Texas Alcoholic Beverage
2-60 Commission.
2-61 SECTION 3. The importance of this legislation and the
2-62 crowded condition of the calendars in both houses create an
2-63 emergency and an imperative public necessity that the
2-64 constitutional rule requiring bills to be read on three several
2-65 days in each house be suspended, and this rule is hereby suspended.
2-66 * * * * *