79R307 AJA-D
By: Farrar H.B. No. 272
A BILL TO BE ENTITLED
AN ACT
relating to the location of wine and beer retailer near certain
institutions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 11.393(a), Alcoholic Beverage Code, is
amended to read as follows:
(a) Except as provided by Subsection (b), a person who
submits an original application for a private club registration
permit or a permit authorizing the retail sale of alcoholic
beverages for on-premises consumption shall give written notice of
the application to each residential address and established
neighborhood association any point on the property line of which is
less than [located within] 300 feet from [of] any point on the
property line of the premises for which the permit is sought, as
measured in a straight line.
SECTION 2. Section 11.43(c), Alcoholic Beverage Code, is
amended to read as follows:
(c) A hearing shall be held on any renewal application of a
mixed beverage permit, private club registration permit, wine and
beer retailer's permit, or retail dealer's on-premise license if a
sexually oriented business is to be operated on the premises to be
covered by the permit or license and a petition is presented to the
commission requesting a hearing which is signed by 50 percent of the
residents who reside on property any point on the property line of
which is less than [within] 300 feet from [of] any point on the
property line of the affected premises, as measured in a straight
line.
SECTION 3. Section 61.382(a), Alcoholic Beverage Code, is
amended to read as follows:
(a) Except as provided by Subsection (b), a person who
submits an original application for a license authorizing the
retail sale of beer for on-premises consumption shall give written
notice of the application to each residential address and
established neighborhood association any point on the property line
of which is less than [located within] 300 feet from [of] any point
on the property line of the premises for which the license is
sought, as measured in a straight line.
SECTION 4. Section 109.33, Alcoholic Beverage Code, is
amended by amending Subsection (b) and adding Subsection (b-1) to
read as follows:
(b) Except as provided by Subsection (b-1), the [The]
measurement of the distance between the place of business where
alcoholic beverages are sold and the church or public hospital
shall be along the property lines of the street fronts and from
front door to front door, and in direct line across intersections.
Except as provided by Subsection (b-1), the[The] measurement of the
distance between the place of business where alcoholic beverages
are sold and the public or private school shall be:
(1) in a direct line from the property line of the
public or private school to the property line of the place of
business, and in a direct line across intersections; or
(2) if the permit or license holder is located on or
above the fifth story of a multistory building, in a direct line
from the property line of the public or private school to the
property line of the place of business, in a direct line across
intersections, and vertically up the building at the property line
to the base of the floor on which the permit or license holder is
located.
(b-1) This subsection applies only to regulations enacted
by a municipality with a population of 1.5 million or more that has
not adopted a comprehensive zoning ordinance under Subchapter A,
Chapter 211, Local Government Code. Except as provided by this
subsection, for the purposes of this section, the distance between
a particular property and a premises for which a wine and beer
retailer's permit is held or sought is the distance between the
point on the property line of the particular property and the point
on the property line of the permitted or potentially permitted
premises that are nearest each other, as measured in a straight
line. For the purposes of a regulation enacted under Subsection
(a), the distance between a particular property and a premises for
which a wine and beer retailer's permit is originally granted
before September 1, 2005, is determined by the law in effect at the
time the original permit was granted.
SECTION 5. (a) The changes in law made by this Act to
Sections 11.393, 61.382, and 109.33, Alcoholic Beverage Code, apply
only to an application for an original wine and beer retailer's
permit that is filed on or after the effective date of this Act.
(b) An application for an original wine and beer retailer's
permit that is filed before the effective date of this Act is
governed by the law in effect immediately before that date, and that
law is continued in effect for that purpose.
SECTION 6. (a) The change in law made by this Act to Section
11.43, Alcoholic Beverage Code, applies only to a petition for a
hearing filed on or after the effective date of this Act.
(b) A petition filed before the effective date of this Act
is governed by the law in effect immediately before that date, and
that law is continued in effect for that purpose.
SECTION 7. This Act takes effect September 1, 2005.