By Van de Putte S.B. No. 1524
77R9058 MCK-D
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) An applicant for a private
1-8 club registration permit or a permit authorizing the retail sale of
1-9 alcoholic beverages shall give written notice of the application to
1-10 each residential address located within 200 feet of any property
1-11 line of the premises for which the permit is sought.
1-12 (b) The notice required by this section must be:
1-13 (1) delivered by mail at the applicant's expense;
1-14 (2) provided in English and a language other than
1-15 English if it is likely that a substantial number of residents in
1-16 the area speak a language other than English as their familiar
1-17 language; and
1-18 (3) provided before the application is filed but not
1-19 earlier than the 14th day before the date the application is filed.
1-20 (c) The applicant shall submit with an application for a
1-21 permit described by Subsection (a) a list of each residential
1-22 address provided notice under this section.
1-23 (d) The notice must be provided on a form prescribed by the
1-24 commission and must contain:
2-1 (1) the type of permit for which the applicant has
2-2 applied;
2-3 (2) the exact location of the place of business for
2-4 which the permit is sought;
2-5 (3) the name of each owner of the business or, if the
2-6 business is operated under an assumed name, the trade name and the
2-7 name of each owner;
2-8 (4) if the applicant is a corporation, the name and
2-9 title of each officer; and
2-10 (5) a description of the procedure for protesting the
2-11 application.
2-12 SECTION 2. Subchapter B, Chapter 61, Alcoholic Beverage Code,
2-13 is amended by adding Section 61.382 to read as follows:
2-14 Sec. 61.382. NOTICE BY MAIL. (a) An applicant for a license
2-15 authorizing the retail sale of beer shall give written notice of
2-16 the application to each residential address located within 200 feet
2-17 of any property line of the premises for which the license is
2-18 sought.
2-19 (b) The notice required by this section must be:
2-20 (1) delivered by mail at the applicant's expense;
2-21 (2) provided in English and a language other than
2-22 English if it is likely that a substantial number of residents in
2-23 the area speak a language other than English as their familiar
2-24 language; and
2-25 (3) provided before the application is filed but not
2-26 earlier than the 14th day before the date the application is filed.
2-27 (c) The applicant shall submit with an application for a
3-1 license described by Subsection (a) a list of each residential
3-2 address provided notice under this section.
3-3 (d) The notice must be provided on a form prescribed by the
3-4 commission and must contain:
3-5 (1) the type of license for which the applicant has
3-6 applied;
3-7 (2) the exact location of the place of business for
3-8 which the license is sought;
3-9 (3) the name of each owner of the business or, if the
3-10 business is operated under an assumed name, the trade name and the
3-11 name of each owner;
3-12 (4) if the applicant is a corporation, the name and
3-13 title of each officer; and
3-14 (5) a description of the procedure for protesting the
3-15 application.
3-16 SECTION 3. (a) This Act takes effect September 1, 2001.
3-17 (b) The Texas Alcoholic Beverage Commission shall prescribe
3-18 the form for the notice required by Sections 11.393 and 61.382,
3-19 Alcoholic Beverage Code, as added by this Act, on or before
3-20 December 1, 2001.
3-21 (c) An applicant for a permit or license under the Alcoholic
3-22 Beverage Code is not required to comply with Section 11.393 or
3-23 61.382, Alcoholic Beverage Code, as added by this Act, until
3-24 January 1, 2002.