1-1 By: Cain S.B. No. 1831
1-2 (In the Senate - Filed March 14, 1997; March 24, 1997, read
1-3 first time and referred to Committee on State Affairs;
1-4 April 17, 1997, reported favorably by the following vote: Yeas 13,
1-5 Nays 0; April 17, 1997, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to sanitary facilities required on the premises of certain
1-9 applicants for an alcoholic beverage license.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 61.43, Alcoholic Beverage Code, is
1-12 amended to read as follows:
1-13 Sec. 61.43. DISCRETIONARY GROUNDS FOR REFUSAL: DISTRIBUTOR
1-14 OR RETAILER. (a) The county judge may refuse to approve an
1-15 application for a license as a distributor or retailer if the
1-16 county judge [he] has reasonable grounds to believe and finds that:
1-17 (1) the applicant has been finally convicted in a
1-18 court of competent jurisdiction for the violation of a provision of
1-19 this code during the two years immediately preceding the filing of
1-20 an [his] application;
1-21 (2) two years has not elapsed since the termination,
1-22 by pardon or otherwise, of a sentence imposed for conviction of a
1-23 felony;
1-24 (3) the applicant has violated or caused to be
1-25 violated a provision of this code or a rule or regulation of the
1-26 commission, for which a suspension was not imposed, during the
1-27 12-month period immediately preceding the filing of an [his]
1-28 application;
1-29 (4) the applicant failed to answer or falsely or
1-30 incorrectly answered a question in an [his] original or renewal
1-31 application;
1-32 (5) the applicant for a retail dealer's license does
1-33 not have an adequate building available at the address for which
1-34 the license is sought before conducting any activity authorized by
1-35 the license;
1-36 (6) the applicant or a person with whom the applicant
1-37 [he] is residentially domiciled had an interest in a license or
1-38 permit which was cancelled or revoked within the 12-month period
1-39 immediately preceding the filing of an [his] application;
1-40 (7) the applicant failed or refused to furnish a true
1-41 copy of the [his] application to the commission's district office
1-42 in the district in which the premises sought to be licensed are
1-43 located;
1-44 (8) the premises on which beer is to be sold for
1-45 on-premises consumption does not have running water, if it is
1-46 available, or does not have separate free toilets for males and
1-47 females, properly identified, on the premises for which the license
1-48 is sought;
1-49 (9) the applicant for a retail dealer's license will
1-50 conduct [his] business in a manner contrary to law or in a place or
1-51 manner conducive to a violation of the law; or
1-52 (10) the place, building, or premises for which the
1-53 license is sought was used for selling alcoholic beverages in
1-54 violation of the law at any time during the six months immediately
1-55 preceding the filing of the application or was used, operated, or
1-56 frequented during that time for a purpose or in a manner which was
1-57 lewd, immoral, offensive to public decency, or contrary to this
1-58 code.
1-59 (b) Subsection (a)(8) does not apply to an application under
1-60 this section if the premises for which the application is submitted
1-61 is part of a larger business complex with multiple tenant or
1-62 commercial spaces, including a mall, that is open to the public and
1-63 that offers the facilities required by Subsection (a)(8).
1-64 SECTION 2. This Act takes effect September 1, 1997.
2-1 SECTION 3. The importance of this legislation and the
2-2 crowded condition of the calendars in both houses create an
2-3 emergency and an imperative public necessity that the
2-4 constitutional rule requiring bills to be read on three several
2-5 days in each house be suspended, and this rule is hereby suspended.
2-6 * * * * *