1-1 By: Menendez, et al. (Senate Sponsor-Van de Putte) H.B. No. 1806 1-2 (In the Senate - Received from the House May 7, 2001; 1-3 May 7, 2001, read first time and referred to Committee on Business 1-4 and Commerce; May 11, 2001, reported favorably by the following 1-5 vote: Yeas 5, Nays 0; May 11, 2001, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to the issuance of certain alcoholic beverage licenses and 1-9 permits. 1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-11 SECTION 1. Subchapter B, Chapter 11, Alcoholic Beverage Code, 1-12 is amended by adding Section 11.393 to read as follows: 1-13 Sec. 11.393. NOTICE BY MAIL. (a) Except as provided by 1-14 Subsection (b), a person who submits an original application for a 1-15 private club registration permit or a permit authorizing the 1-16 on-premises consumption of alcoholic beverages shall give written 1-17 notice of the application to each residential address and 1-18 established neighborhood association located within 300 feet of any 1-19 property line of the premises for which the permit is sought. 1-20 (b) The notice required by Subsection (a) does not apply to 1-21 an application that contains an application for a food and beverage 1-22 certificate. 1-23 (c) The notice required by this section must be: 1-24 (1) delivered by mail at the applicant's expense; 1-25 (2) provided in English and a language other than 1-26 English if it is likely that a substantial number of residents in 1-27 the area speak a language other than English as their familiar 1-28 language; and 1-29 (3) provided not earlier than the 14th day and not 1-30 later than the 7th day before the date the application is filed. 1-31 (d) The applicant shall submit with an application for a 1-32 permit described by Subsection (a) a list of each residential 1-33 address provided notice under this section. 1-34 (e) The notice must be provided on a form prescribed by the 1-35 commission and must contain: 1-36 (1) the type of permit and type of business for which 1-37 the applicant has applied; 1-38 (2) the exact location of the place of business for 1-39 which the permit is sought; 1-40 (3) the name of each owner of the business or, if the 1-41 business is operated under an assumed name, the trade name and the 1-42 name of each owner; 1-43 (4) if the applicant is a corporation, the name and 1-44 title of each officer; and 1-45 (5) a description of the procedure for protesting the 1-46 application. 1-47 SECTION 2. Section 61.32(c), Alcoholic Beverage Code, is 1-48 amended to read as follows: 1-49 (c) In the case of an application to sell beer at retail, 1-50 the county judge may give due consideration to any recommendations 1-51 made by representatives of the commission, the state senator who 1-52 represents the area in question, the state representative who 1-53 represents the area in question, the county commissioner who 1-54 represents the area in question, or the sheriff or county or 1-55 district attorney of the county where the license is sought, or the 1-56 mayor, city council member or commissioner who represents the area 1-57 in question, or chief of police of the incorporated city where the 1-58 applicant seeks to conduct business. 1-59 SECTION 3. Subchapter B, Chapter 61, Alcoholic Beverage Code, 1-60 is amended by adding Section 61.382 to read as follows: 1-61 Sec. 61.382. NOTICE BY MAIL. (a) Except as provided by 1-62 Subsection (b), a person who submits an original application for a 1-63 license authorizing the on-premises sale of beer shall give written 1-64 notice of the application to each residential address and 2-1 established neighborhood association located within 300 feet of any 2-2 property line of the premises for which the license is sought. 2-3 (b) The notice required by Subsection (a) does not apply to 2-4 an application that contains an application for a food and beverage 2-5 certificate. 2-6 (c) The notice required by this section must be: 2-7 (1) delivered by mail at the applicant's expense; 2-8 (2) provided in English and a language other than 2-9 English if it is likely that a substantial number of residents in 2-10 the area speak a language other than English as their familiar 2-11 language; and 2-12 (3) provided not earlier than the 14th day and not 2-13 later than the 7th day before the date the application is filed. 2-14 (d) The applicant shall submit with an application for a 2-15 license described by Subsection (a) a list of each residential 2-16 address provided notice under this section. 2-17 (e) The notice must be provided on a form prescribed by the 2-18 commission and must contain: 2-19 (1) the type of license and type of business for which 2-20 the applicant has applied; 2-21 (2) the exact location of the place of business for 2-22 which the license is sought; 2-23 (3) the name of each owner of the business or, if the 2-24 business is operated under an assumed name, the trade name and the 2-25 name of each owner; 2-26 (4) if the applicant is a corporation, the name and 2-27 title of each officer; and 2-28 (5) a description of the procedure for protesting the 2-29 application. 2-30 SECTION 4. (a) This Act takes effect September 1, 2001. 2-31 (b) The Texas Alcoholic Beverage Commission shall prescribe 2-32 the form for the notice required by Sections 11.393 and 61.382, 2-33 Alcoholic Beverage Code, as added by this Act, on or before 2-34 December 1, 2001. 2-35 (c) An applicant for a permit or license under the Alcoholic 2-36 Beverage Code is not required to comply with Section 11.393 or 2-37 61.382, Alcoholic Beverage Code, as added by this Act, until 2-38 January 1, 2002. 2-39 * * * * *