1-1 By: Van de Putte S.B. No. 1524 1-2 (In the Senate - Filed March 9, 2001; March 14, 2001, read 1-3 first time and referred to Committee on Business and Commerce; 1-4 April 17, 2001, reported adversely, with favorable Committee 1-5 Substitute by the following vote: Yeas 4, Nays 0; April 17, 2001, 1-6 sent to printer.) 1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 1524 By: Van de Putte 1-8 A BILL TO BE ENTITLED 1-9 AN ACT 1-10 relating to notice requirements for certain applicants for certain 1-11 alcoholic beverage licenses and permits. 1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-13 SECTION 1. Subchapter B, Chapter 11, Alcoholic Beverage 1-14 Code, is amended by adding Section 11.393 to read as follows: 1-15 Sec. 11.393. NOTICE BY MAIL. (a) Except as provided by 1-16 Subsection (b), a person who submits an original application for a 1-17 private club registration permit or a permit authorizing the 1-18 on-premises consumption of alcoholic beverages shall give written 1-19 notice of the application to each residential address located 1-20 within 300 feet of any property line of the premises for which the 1-21 permit is sought. 1-22 (b) The notice required by Subsection (a) does not apply to 1-23 an application that contains an application for a food and beverage 1-24 certificate. 1-25 (c) The notice required by this section must be: 1-26 (1) delivered by mail at the applicant's expense; 1-27 (2) provided in English and a language other than 1-28 English if it is likely that a substantial number of residents in 1-29 the area speak a language other than English as their familiar 1-30 language; and 1-31 (3) provided not earlier than the 14th day before the 1-32 date the application is filed and not later than 14 days before the 1-33 permit is issued. 1-34 (d) The applicant shall submit with an application for a 1-35 permit described by Subsection (a) a list of each residential 1-36 address provided notice under this section. 1-37 (e) The notice must be provided on a form prescribed by the 1-38 commission and must contain: 1-39 (1) the type of permit and type of business for which 1-40 the applicant has applied; 1-41 (2) the exact location of the place of business for 1-42 which the permit is sought; 1-43 (3) the name of each owner of the business or, if the 1-44 business is operated under an assumed name, the trade name and the 1-45 name of each owner; 1-46 (4) if the applicant is a corporation, the name and 1-47 title of each officer; and 1-48 (5) a description of the procedure for protesting the 1-49 application. 1-50 SECTION 2. Subchapter B, Chapter 61, Alcoholic Beverage 1-51 Code, is amended by adding Section 61.382 to read as follows: 1-52 Sec. 61.382. NOTICE BY MAIL. (a) Except as provided by 1-53 Subsection (b), a person who submits an original application for a 1-54 license authorizing the on-premises sale of beer shall give written 1-55 notice of the application to each residential address located 1-56 within 300 feet of any property line of the premises for which the 1-57 license is sought. 1-58 (b) The notice required by Subsection (a) does not apply to 1-59 an application that contains an application for a food and beverage 1-60 certificate. 1-61 (c) The notice required by this section must be: 1-62 (1) delivered by mail at the applicant's expense; 1-63 (2) provided in English and a language other than 1-64 English if it is likely that a substantial number of residents in 2-1 the area speak a language other than English as their familiar 2-2 language; and 2-3 (3) provided not earlier than the 14th day before the 2-4 date the application is filed and not later than 14 days before the 2-5 license is issued. 2-6 (d) The applicant shall submit with an application for a 2-7 license described by Subsection (a) a list of each residential 2-8 address provided notice under this section. 2-9 (e) The notice must be provided on a form prescribed by the 2-10 commission and must contain: 2-11 (1) the type of license and type of business for which 2-12 the applicant has applied; 2-13 (2) the exact location of the place of business for 2-14 which the license is sought; 2-15 (3) the name of each owner of the business or, if the 2-16 business is operated under an assumed name, the trade name and the 2-17 name of each owner; 2-18 (4) if the applicant is a corporation, the name and 2-19 title of each officer; and 2-20 (5) a description of the procedure for protesting the 2-21 application. 2-22 SECTION 3. (a) This Act takes effect September 1, 2001. 2-23 (b) The Texas Alcoholic Beverage Commission shall prescribe 2-24 the form for the notice required by Sections 11.393 and 61.382, 2-25 Alcoholic Beverage Code, as added by this Act, on or before 2-26 December 1, 2001. 2-27 (c) An applicant for a permit or license under the Alcoholic 2-28 Beverage Code is not required to comply with Section 11.393 or 2-29 61.382, Alcoholic Beverage Code, as added by this Act, until 2-30 January 1, 2002. 2-31 * * * * *