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78R5191 MCK-D
By: Moreno of Harris H.B. No. 2005
A BILL TO BE ENTITLED
AN ACT
relating to the requirements for certain alcoholic beverage
licenses and permits.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 11.46(a), Alcoholic Beverage Code, is
amended to read as follows:
(a) The commission or administrator may refuse to issue an
original or renewal permit with or without a hearing if it has
reasonable grounds to believe and finds that any of the following
circumstances exists:
(1) the applicant has been convicted in a court of
competent jurisdiction of the violation of any provision of this
code during the two years immediately preceding the filing of his
application;
(2) five [three] years have not elapsed since the
termination, by pardon or otherwise, of a sentence imposed on the
applicant for the conviction of a felony;
(3) within the six-month period immediately preceding
his application the applicant violated or caused to be violated a
provision of this code or a rule or regulation of the commission
which involves moral turpitude, as distinguished from a technical
violation of this code or of the rule;
(4) the applicant failed to answer or falsely or
incorrectly answered a question in an original or renewal
application;
(5) the applicant is indebted to the state for any
taxes, fees, or payment of penalty imposed by this code or by rule
of the commission;
(6) the applicant is not of good moral character or his
reputation for being a peaceable, law-abiding citizen in the
community where he resides is bad;
(7) the applicant is a minor;
(8) the place or manner in which the applicant may
conduct his business warrants the refusal of a permit based on the
general welfare, health, peace, morals, and safety of the people
and on the public sense of decency;
(9) the applicant is in the habit of using alcoholic
beverages to excess or is physically or mentally incapacitated;
(10) the applicant will sell liquor unlawfully in a
dry area or in a manner contrary to law or will knowingly permit an
agent, servant, or employee to do so;
(11) the applicant is not a United States citizen or
has not been a citizen of Texas for a period of one year immediately
preceding the filing of his application, unless he was issued a
permit or renewal permit on or before September 1, 1948, and has at
some time been a United States citizen;
(12) the applicant does not provide an adequate
building available at the address for which the permit is sought
before conducting any activity authorized by the permit;
(13) the applicant is residentially domiciled with a
person whose permit or license has been cancelled for cause within
the 12 months immediately preceding the date of his present
application;
(14) the applicant has failed or refused to furnish a
true copy of his application to the commission's district office in
the district in which the premises for which the permit is sought
are located; or
(15) during the six months immediately preceding the
filing of the application the premises for which the permit is
sought have been operated, used, or frequented for a purpose or in a
manner that is lewd, immoral, or offensive to public decency.
SECTION 2. Sections 25.06(a), (b), and (c), Alcoholic
Beverage Code, are amended to read as follows:
(a) The county judge shall deny an original application for
a wine and beer retailer's permit if he finds that the applicant, or
the applicant's spouse, during the five [three] years immediately
preceding the application, was finally convicted of a felony or one
of the following offenses:
(1) prostitution;
(2) a vagrancy offense involving moral turpitude;
(3) bookmaking;
(4) gambling or gaming;
(5) an offense involving controlled substances as
defined in Chapter 481, Health and Safety Code or other dangerous
drugs;
(6) a violation of this code resulting in the
cancellation of a license or permit, or a fine of not less than
$500;
(7) more than three violations of this code relating
to minors;
(8) bootlegging; or
(9) an offense involving firearms or a deadly weapon.
(b) The county judge shall also deny an original application
for a permit if he finds that five [three] years have not elapsed
since the termination of a sentence, parole, or probation served by
the applicant or the applicant's spouse because of a felony
conviction or conviction of any of the offenses described in
Subsection (a) of this section.
(c) The commission shall refuse to issue a renewal of a wine
or beer retailer's permit if it finds:
(1) that the applicant, or the applicant's spouse, has
been convicted of a felony or one of the offenses listed in
Subsection (a) of this section at any time during the five [three]
years immediately preceding the filing of the application for
renewal; or
(2) that five [three] years have not elapsed since the
termination of a sentence, parole, or probation served by the
applicant, or the applicant's spouse, of a felony conviction or
conviction of any of the offenses described in Subsection (a) of
this section.
SECTION 3. Section 61.42(a), Alcoholic Beverage Code, is
amended to read as follows:
(a) The county judge shall refuse to approve an application
for a license as a distributor or retailer if he has reasonable
grounds to believe and finds that:
(1) the applicant is a minor;
(2) the applicant is indebted to the state for any
taxes, fees, or penalties imposed by this code or by rule of the
commission;
(3) the place or manner in which the applicant for a
retail dealer's license may conduct his business warrants a refusal
of a license based on the general welfare, health, peace, morals,
safety, and sense of decency of the people;
(4) the applicant is in the habit of using alcoholic
beverages to excess or is mentally or physically incompetent;
(5) the applicant is not a United States citizen or has
not been a citizen of Texas for a period of one year immediately
preceding the filing of his application, unless he was issued an
original or renewal license on or before September 1, 1948;
(6) the applicant was finally convicted of a felony
during the five [two] years immediately preceding the filing of his
application;
(7) the applicant is not of good moral character or his
reputation for being a peaceable, law-abiding citizen in the
community where he resides is bad; or
(8) as to a corporation, it is not incorporated under
the laws of this state, or at least 51 percent of the corporate
stock is not owned at all times by persons who individually are
qualified to obtain a license, except that this subdivision does
not apply to a holder of any renewal of a distributor's license
which was in effect on January 1, 1953, or to an applicant for a beer
retailer's on-premise license for a railway car.
SECTION 4. Section 61.43(a), Alcoholic Beverage Code, is
amended to read as follows:
(a) The county judge may refuse to approve an application
for a license as a distributor or retailer if the county judge has
reasonable grounds to believe and finds that:
(1) the applicant has been finally convicted in a
court of competent jurisdiction for the violation of a provision of
this code during the two years immediately preceding the filing of
an application;
(2) five [two] years has not elapsed since the
termination, by pardon or otherwise, of a sentence imposed for
conviction of a felony;
(3) the applicant has violated or caused to be
violated a provision of this code or a rule or regulation of the
commission, for which a suspension was not imposed, during the
12-month period immediately preceding the filing of an application;
(4) the applicant failed to answer or falsely or
incorrectly answered a question in an original or renewal
application;
(5) the applicant for a retail dealer's license does
not have an adequate building available at the address for which the
license is sought before conducting any activity authorized by the
license;
(6) the applicant or a person with whom the applicant
is residentially domiciled had an interest in a license or permit
which was cancelled or revoked within the 12-month period
immediately preceding the filing of an application;
(7) the applicant failed or refused to furnish a true
copy of the application to the commission's district office in the
district in which the premises sought to be licensed are located;
(8) the premises on which beer is to be sold for
on-premises consumption does not have running water, if it is
available, or does not have separate free toilets for males and
females, properly identified, on the premises for which the license
is sought;
(9) the applicant for a retail dealer's license will
conduct business in a manner contrary to law or in a place or manner
conducive to a violation of the law; or
(10) the place, building, or premises for which the
license is sought was used for selling alcoholic beverages in
violation of the law at any time during the six months immediately
preceding the filing of the application or was used, operated, or
frequented during that time for a purpose or in a manner which was
lewd, immoral, offensive to public decency, or contrary to this
code.
SECTION 5. Sections 69.06(a), (b), and (c), Alcoholic
Beverage Code, are amended to read as follows:
(a) The county judge shall deny an original application for
a retail dealer's on-premise license if he finds that the applicant
or the applicant's spouse, during the five [three] years
immediately preceding the application, was finally convicted of a
felony or one of the following offenses:
(1) prostitution;
(2) a vagrancy offense involving moral turpitude;
(3) bookmaking;
(4) gambling or gaming;
(5) an offense involving controlled substances as
defined in the Texas Controlled Substances Act or other dangerous
drugs;
(6) a violation of this code resulting in the
cancellation of a license or permit, or a fine of not less than
$500;
(7) more than three violations of this code relating
to minors;
(8) bootlegging; or
(9) an offense involving firearms or a deadly weapon.
(b) The county judge shall also deny an original application
for a license if he finds that five [three] years has not elapsed
since the termination of a sentence, parole, or probation served by
the applicant or the applicant's spouse because of a felony
conviction or conviction of any of the offenses described in
Subsection (a) of this section.
(c) The commission shall refuse to issue a renewal of a
retail dealer's on-premise license if it finds:
(1) that the applicant or the applicant's spouse has
been finally convicted of a felony or one of the offenses listed in
Subsection (a) of this section at any time during the five [three]
years immediately preceding the filing of the application for
renewal; or
(2) that five [three] years has not elapsed since the
termination of a sentence, parole, or probation served by the
applicant or the applicant's spouse because of a felony prosecution
or prosecution for any of the offenses described in Subsection (a)
of this section.
SECTION 6. The changes in law made by this Act apply only to
an application for an alcoholic beverage license or permit that is
made on or after the effective date of this Act. An application
made before the effective date of this Act is governed by the law in
effect on the date the application is made, and that law is
continued in effect for that purpose.
SECTION 7. This Act takes effect September 1, 2003.