By: Van de Putte S.B. No. 1524
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
1-6 Code, 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 and not later than 14 days before the
1-25 permit is issued.
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
2-18 Code, 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
3-1 certificate.
3-2 (c) The notice required by this section must be:
3-3 (1) delivered by mail at the applicant's expense;
3-4 (2) provided in English and a language other than
3-5 English if it is likely that a substantial number of residents in
3-6 the area speak a language other than English as their familiar
3-7 language; and
3-8 (3) provided not earlier than the 14th day before the
3-9 date the application is filed and not later than 14 days before the
3-10 license is issued.
3-11 (d) The applicant shall submit with an application for a
3-12 license described by Subsection (a) a list of each residential
3-13 address provided notice under this section.
3-14 (e) The notice must be provided on a form prescribed by the
3-15 commission and must contain:
3-16 (1) the type of license and type of business for which
3-17 the applicant has applied;
3-18 (2) the exact location of the place of business for
3-19 which the license is sought;
3-20 (3) the name of each owner of the business or, if the
3-21 business is operated under an assumed name, the trade name and the
3-22 name of each owner;
3-23 (4) if the applicant is a corporation, the name and
3-24 title of each officer; and
3-25 (5) a description of the procedure for protesting the
3-26 application.
4-1 SECTION 3. (a) This Act takes effect September 1, 2001.
4-2 (b) The Texas Alcoholic Beverage Commission shall prescribe
4-3 the form for the notice required by Sections 11.393 and 61.382,
4-4 Alcoholic Beverage Code, as added by this Act, on or before
4-5 December 1, 2001.
4-6 (c) An applicant for a permit or license under the Alcoholic
4-7 Beverage Code is not required to comply with Section 11.393 or
4-8 61.382, Alcoholic Beverage Code, as added by this Act, until
4-9 January 1, 2002.