By: Gallegos S.B. No. 63
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the expiration or suspension of an alcoholic beverage
1-2 license or permit.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 11.09, Alcoholic Beverage Code, is
1-5 amended to read as follows:
1-6 Sec. 11.09. EXPIRATION OR SUSPENSION OF PERMIT. (a) A
1-7 permit issued under this code expires one year after the date it is
1-8 issued except as otherwise provided by this code.
1-9 (b) A secondary permit which requires the holder of the
1-10 permit to first obtain another permit, including a late hours
1-11 permit or temporary permit, expires on the same date the basic or
1-12 primary permit expires. The commission may not prorate or refund
1-13 any part of the fee for the secondary permit if the application of
1-14 this section results in the expiration of the permit in less than
1-15 one year.
1-16 (c) An action by the commission resulting in the suspension
1-17 of a basic or primary permit also acts to suspend any secondary
1-18 permit held by the holder of the basic or primary permit.
1-19 SECTION 2. Subchapter A, Chapter 11, Alcoholic Beverage
1-20 Code, is amended by adding Section 11.091 to read as follows:
1-21 Sec. 11.091. NOTIFICATION OF EXPIRED OR SUSPENDED PERMIT.
1-22 (a) The commission shall verify that the holder of an expired or
1-23 suspended retail permit is not operating in violation of this code.
1-24 The verification, including any inspection of the premises by
2-1 commission personnel, must occur within a reasonable time after the
2-2 date the permit expires or is suspended.
2-3 (b) The commission shall promptly notify each wholesaler, as
2-4 that term is ordinarily used and understood in Section 102.01, who
2-5 regularly supplies retailers in the geographic area that the
2-6 holder's retail permit has expired or has been suspended.
2-7 SECTION 3. Section 61.03, Alcoholic Beverage Code, is
2-8 amended to read as follows:
2-9 Sec. 61.03. [DURATION AND] EXPIRATION OR SUSPENSION OF
2-10 LICENSE. (a) Except as provided by Subsection (b), a [No] license
2-11 may not be issued for a term longer than one year. Any license
2-12 except a branch, importer's, importer's carrier's, or temporary
2-13 license expires one year after the date on which it is issued.
2-14 (b) A secondary license which requires the holder of the
2-15 license to first obtain another license, including a late hours
2-16 license or temporary license, expires on the same date the basic or
2-17 primary license expires. The commission may not prorate or refund
2-18 any part of the fee for the secondary license if the application of
2-19 this section results in the expiration of the license in less than
2-20 one year.
2-21 (c) An action by the commission resulting in the suspension
2-22 of a basic or primary license also acts to suspend any secondary
2-23 license held by the holder of the basic or primary license.
2-24 SECTION 4. Subchapter A, Chapter 61, Alcoholic Beverage
2-25 Code, is amended by adding Section 61.031 to read as follows:
2-26 Sec. 61.031. NOTIFICATION OF EXPIRED OR SUSPENDED LICENSE.
3-1 (a) The commission shall verify that the holder of an expired or
3-2 suspended retail license is not operating in violation of this
3-3 code. The verification, including any inspection of the premises
3-4 by commission personnel, must occur within a reasonable time after
3-5 the date the license expires or is suspended.
3-6 (b) The commission shall promptly notify each wholesaler, as
3-7 that term is ordinarily used and understood in Section 102.01, who
3-8 regularly supplies retailers in the geographic area that the
3-9 holder's retail license has expired or has been suspended.
3-10 SECTION 5. This Act takes effect September 1, 1999.
3-11 SECTION 6. The importance of this legislation and the
3-12 crowded condition of the calendars in both houses create an
3-13 emergency and an imperative public necessity that the
3-14 constitutional rule requiring bills to be read on three several
3-15 days in each house be suspended, and this rule is hereby suspended.