77R11309 MCK-D By Menendez H.B. No. 1806 Substitute the following for H.B. No. 1806: By Wise C.S.H.B. No. 1806 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to notice requirements for certain applicants for certain 1-3 alcoholic beverage licenses and permits. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subchapter B, Chapter 11, Alcoholic Beverage Code, 1-6 is amended by adding Section 11.393 to read as follows: 1-7 Sec. 11.393. NOTICE BY MAIL. (a) Except as provided by 1-8 Subsection (b), a person who submits an original application for a 1-9 private club registration permit or a permit authorizing the 1-10 on-premises consumption of alcoholic beverages shall give written 1-11 notice of the application to each residential address located 1-12 within 300 feet of any property line of the premises for which the 1-13 permit is sought. 1-14 (b) The notice required by Subsection (a) does not apply to 1-15 an application that contains an application for a food and beverage 1-16 certificate. 1-17 (c) The notice required by this section must be: 1-18 (1) delivered by mail at the applicant's expense; 1-19 (2) provided in English and a language other than 1-20 English if it is likely that a substantial number of residents in 1-21 the area speak a language other than English as their familiar 1-22 language; and 1-23 (3) provided not earlier than the 14th day before the 1-24 date the application is filed. 2-1 (d) The applicant shall submit with an application for a 2-2 permit described by Subsection (a) a list of each residential 2-3 address provided notice under this section. 2-4 (e) The notice must be provided on a form prescribed by the 2-5 commission and must contain: 2-6 (1) the type of permit and type of business for which 2-7 the applicant has applied; 2-8 (2) the exact location of the place of business for 2-9 which the permit is sought; 2-10 (3) the name of each owner of the business or, if the 2-11 business is operated under an assumed name, the trade name and the 2-12 name of each owner; 2-13 (4) if the applicant is a corporation, the name and 2-14 title of each officer; and 2-15 (5) a description of the procedure for protesting the 2-16 application. 2-17 SECTION 2. Subchapter B, Chapter 61, Alcoholic Beverage Code, 2-18 is amended by adding Section 61.382 to read as follows: 2-19 Sec. 61.382. NOTICE BY MAIL. (a) Except as provided by 2-20 Subsection (b), a person who submits an original application for a 2-21 license authorizing the on-premises sale of beer shall give written 2-22 notice of the application to each residential address located 2-23 within 300 feet of any property line of the premises for which the 2-24 license is sought. 2-25 (b) The notice required by Subsection (a) does not apply to 2-26 an application that contains an application for a food and beverage 2-27 certificate. 3-1 (c) The notice required by this section must be: 3-2 (1) delivered by mail at the applicant's expense; 3-3 (2) provided in English and a language other than 3-4 English if it is likely that a substantial number of residents in 3-5 the area speak a language other than English as their familiar 3-6 language; and 3-7 (3) provided not earlier than the 14th day before the 3-8 date the application is filed. 3-9 (d) The applicant shall submit with an application for a 3-10 license described by Subsection (a) a list of each residential 3-11 address provided notice under this section. 3-12 (e) The notice must be provided on a form prescribed by the 3-13 commission and must contain: 3-14 (1) the type of license and type of business for which 3-15 the applicant has applied; 3-16 (2) the exact location of the place of business for 3-17 which the license is sought; 3-18 (3) the name of each owner of the business or, if the 3-19 business is operated under an assumed name, the trade name and the 3-20 name of each owner; 3-21 (4) if the applicant is a corporation, the name and 3-22 title of each officer; and 3-23 (5) a description of the procedure for protesting the 3-24 application. 3-25 SECTION 3. (a) This Act takes effect September 1, 2001. 3-26 (b) The Texas Alcoholic Beverage Commission shall prescribe 3-27 the form for the notice required by Sections 11.393 and 61.382, 4-1 Alcoholic Beverage Code, as added by this Act, on or before 4-2 December 1, 2001. 4-3 (c) An applicant for a permit or license under the Alcoholic 4-4 Beverage Code is not required to comply with Section 11.393 or 4-5 61.382, Alcoholic Beverage Code, as added by this Act, until 4-6 January 1, 2002.