By: Cain S.B. No. 1831
A BILL TO BE ENTITLED
AN ACT
1-1 relating to sanitary facilities required on the premises of certain
1-2 applicants for an alcoholic beverage license.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 61.43, Alcoholic Beverage Code, is
1-5 amended to read as follows:
1-6 Sec. 61.43. DISCRETIONARY GROUNDS FOR REFUSAL: DISTRIBUTOR
1-7 OR RETAILER. (a) The county judge may refuse to approve an
1-8 application for a license as a distributor or retailer if the
1-9 county judge [he] has reasonable grounds to believe and finds that:
1-10 (1) the applicant has been finally convicted in a
1-11 court of competent jurisdiction for the violation of a provision of
1-12 this code during the two years immediately preceding the filing of
1-13 an [his] application;
1-14 (2) two years has not elapsed since the termination,
1-15 by pardon or otherwise, of a sentence imposed for conviction of a
1-16 felony;
1-17 (3) the applicant has violated or caused to be
1-18 violated a provision of this code or a rule or regulation of the
1-19 commission, for which a suspension was not imposed, during the
1-20 12-month period immediately preceding the filing of an [his]
1-21 application;
1-22 (4) the applicant failed to answer or falsely or
1-23 incorrectly answered a question in an [his] original or renewal
2-1 application;
2-2 (5) the applicant for a retail dealer's license does
2-3 not have an adequate building available at the address for which
2-4 the license is sought before conducting any activity authorized by
2-5 the license;
2-6 (6) the applicant or a person with whom the applicant
2-7 [he] is residentially domiciled had an interest in a license or
2-8 permit which was cancelled or revoked within the 12-month period
2-9 immediately preceding the filing of an [his] application;
2-10 (7) the applicant failed or refused to furnish a true
2-11 copy of the [his] application to the commission's district office
2-12 in the district in which the premises sought to be licensed are
2-13 located;
2-14 (8) the premises on which beer is to be sold for
2-15 on-premises consumption does not have running water, if it is
2-16 available, or does not have separate free toilets for males and
2-17 females, properly identified, on the premises for which the license
2-18 is sought;
2-19 (9) the applicant for a retail dealer's license will
2-20 conduct [his] business in a manner contrary to law or in a place or
2-21 manner conducive to a violation of the law; or
2-22 (10) the place, building, or premises for which the
2-23 license is sought was used for selling alcoholic beverages in
2-24 violation of the law at any time during the six months immediately
2-25 preceding the filing of the application or was used, operated, or
3-1 frequented during that time for a purpose or in a manner which was
3-2 lewd, immoral, offensive to public decency, or contrary to this
3-3 code.
3-4 (b) Subsection (a)(8) does not apply to an application under
3-5 this section if the premises for which the application is submitted
3-6 is part of a larger business complex with multiple tenant or
3-7 commercial spaces, including a mall, that is open to the public and
3-8 that offers the facilities required by Subsection (a)(8).
3-9 SECTION 2. This Act takes effect September 1, 1997.
3-10 SECTION 3. The importance of this legislation and the
3-11 crowded condition of the calendars in both houses create an
3-12 emergency and an imperative public necessity that the
3-13 constitutional rule requiring bills to be read on three several
3-14 days in each house be suspended, and this rule is hereby suspended.
3-15 COMMITTEE AMENDMENT NO. 1
3-16 Amend S.B. 1831 as follows:
3-17 (1) On page 3, line 7, following Section 1 of the bill,
3-18 insert the following new section and renumber the subsequent
3-19 sections appropriately:
3-20 SECTION 2. Sec. 438.034, Health and Safety Code, is amended
3-21 to read as follows:
3-22 Sec. 438.034. EMPLOYEE CLEANLINESS. A person handling food
3-23 or unsealed food containers shall:
3-24 (1) maintain personal cleanliness;
3-25 (2) wear clean outer garments;
4-1 (3) keep the person's hands clean; and
4-2 (4) either (A) wash the person's hands and exposed
4-3 portions of their arms with soap and water before starting work,
4-4 during work as often as necessary to avoid cross-contaminating food
4-5 and to maintain cleanliness, after smoking, eating, and each visit
4-6 to the toilet or (B) avoid bare-hand contact with exposed food by
4-7 use of gloves or utensils and hand wash after smoking, eating, and
4-8 each visit to the toilet.
4-9 Goolsby