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79R6612 AJA-D
By: Ellis S.B. No. 860
A BILL TO BE ENTITLED
AN ACT
relating to wine and beer retailer's permits.
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. Subchapter B, Chapter 11, Alcoholic Beverage
Code, is amended by adding Section 11.461 to read as follows:
Sec. 11.461. CERTAIN WINE AND BEER RETAILER'S PERMITS:
ADDITIONAL GROUNDS FOR REFUSAL TO RENEW. (a) This section applies
only to a wine and beer retailer's permit for premises located in a
municipality:
(1) with a population of 1.5 million or more; and
(2) that has not adopted a comprehensive zoning
ordinance under Subchapter A, Chapter 211, Local Government Code.
(b) The commission or administrator may refuse to issue a
renewal wine and beer retailer's permit for a premises located
within 300 feet of a church, school, or day-care center or
child-care facility, as that distance is determined under Sections
109.33 and 109.331, if the commission or administrator determines
after a hearing that the operation of the premises has an adverse
effect on the health, safety, or welfare of individuals attending
the church, school, or day-care center or child-care facility.
SECTION 4. Subchapter B, Chapter 11, Alcoholic Beverage
Code, is amended by adding Section 11.481 to read as follows:
Sec. 11.481. REFUSAL OF WINE AND BEER RETAILER'S PERMIT:
CERTAIN RELATIVES OF CERTAIN APPLICANTS. If the commission,
administrator, or county judge refuses to issue or renew or cancels
a wine and beer retailer's permit, an original wine and beer
retailer's permit for the same premises may not be issued to an
individual related to the former permit holder or applicant within
the fourth degree by consanguinity or affinity, as determined under
Chapter 573, Government Code.
SECTION 5. Subchapter C, Chapter 11, Alcoholic Beverage
Code, is amended by adding Section 11.614 to read as follows:
Sec. 11.614. CANCELLATION OF CERTAIN WINE AND BEER
RETAILER'S PERMITS. (a) In this section, "residential area" has
the meaning assigned by Section 244.001, Local Government Code.
(b) This section applies only to a wine and beer retailer's
permit for premises located in a residential area in a
municipality:
(1) with a population of 1.5 million or more; and
(2) that has not adopted a comprehensive zoning
ordinance under Subchapter A, Chapter 211, Local Government Code.
(c) The commission, the administrator, or the county judge,
as applicable, shall hold a hearing under this subchapter to
determine whether a wine and beer retailer's permit should be
canceled if the commission receives a petition that:
(1) alleges a ground for cancellation under Section
11.61;
(2) is:
(A) signed by 25 percent of the owners or tenants
of real property within 300 feet of any point on the property line
of the permitted premises; or
(B) submitted by the state senator or
representative who represents the district in which the premises
are located, the chief of police, mayor, or a member of the city
council of the municipality in which the premises are located, or
the sheriff of the county in which the premises are located; and
(3) is accompanied by the sworn statement of at least
one credible person supporting the grounds alleged in the petition.
SECTION 6. Section 25.02, Alcoholic Beverage Code, is
amended to read as follows:
Sec. 25.02. FEE. Except as provided in Section 25.03 [of
this code], the [annual] state fee for a wine and beer retailer's
permit is:
(1) $1,000 for an original permit; and
(2) $175 annually for a renewal permit.
SECTION 7. Chapter 25, Alcoholic Beverage Code, is amended
by adding Section 25.055 to read as follows:
Sec. 25.055. PREMISES IN RESIDENTIAL AREA: ADDITIONAL
NOTICE REQUIREMENTS. (a) In addition to any other notice required
by this code, and notwithstanding Section 11.393(b), a person who
submits an application for an original or renewal wine and beer
retailer's permit for premises located in a residential area, as
that term is defined by Section 244.001, Local Government Code,
shall give notice of the application to:
(1) all tenants and owners of real property located
less than 300 feet from any point on the property line of the
premises, as measured in a straight line;
(2) the sheriff of the county in which the premises are
located;
(3) the chief of police, mayor, and members of the
governing body of the incorporated city in which the premises are
located; and
(4) the state senator and state representative
representing the district in which the premises are located.
(b) Notice required by Subsection (a) must be:
(1) delivered by mail at the applicant's expense;
(2) provided in English and a language other than
English if it is likely that a substantial number of residents in
the area speak a language other than English as their familiar
language; and
(3) provided on or before:
(A) the fifth day after the date on which the
applicant files the application, if the application is an original
application; or
(B) the 30th day before the expiration date of a
permit for which the applicant files a renewal application.
(c) The notice must be provided on a form prescribed by the
commission and must contain:
(1) the type of permit and type of business for which
the applicant has applied;
(2) the exact location of the place of business for
which the permit is sought;
(3) the name of each owner of the business or, if the
business is operated under an assumed name, the trade name and the
name of each owner;
(4) if the applicant is a corporation, the name and
title of each officer of the corporation; and
(5) a description of the procedure for protesting the
application.
(d) In addition to any other notice required by this code,
the commission, administrator, or county judge, as appropriate,
shall give notice of all hearings concerning an original or renewal
application for a wine and beer retailer's permit to each person
entitled to notice under Subsection (a). Notwithstanding Section
11.40, if hearings concerning the application are held by the
commission or administrator, the commission or administrator shall
also give notice under this subsection to the county judge of the
county in which the premises for which the permit is sought are
located.
SECTION 8. Chapter 25, Alcoholic Beverage Code, is amended
by adding Section 25.07 to read as follows:
Sec. 25.07. LIMITATION ON ISSUANCE OF PERMITS IN CERTAIN
MUNICIPALITIES. (a) In this section, "residential area" has the
meaning assigned by Section 244.001, Local Government Code.
(b) This section applies only to a municipality:
(1) with a population of 1.5 million or more; and
(2) that has not adopted a comprehensive zoning
ordinance under Subchapter A, Chapter 211, Local Government Code.
(c) The governing body of the municipality may adopt
regulations limiting the number of wine and beer retailers that may
operate in a zip code area located wholly or partly within the
municipality if the zip code area consists primarily of real
property in residential areas. A regulation adopted under this
subsection for a zip code area only partly located in the
municipality applies only to the area located in the municipality.
(d) A regulation adopted under this section may prescribe a
limit for a zip code area that is fewer than the number of wine and
beer retailers operating in the zip code area at the time the
regulation is adopted, but a regulation adopted under this section
does not affect the authority of a person who holds a wine and beer
retailer's permit at the time the regulation is adopted to continue
to operate under that permit or to renew that permit.
(e) The county judge shall deny an application for an
original application for a wine and beer retailer's permit if, at
the time the application is filed, the number of wine and beer
retailers operating in the zip code area for the premises for which
the permit is sought equals or exceeds the number of wine and beer
retailers allowed in that zip code area by a regulation adopted
under this section.
SECTION 9. Chapter 25, Alcoholic Beverage Code, is amended
by adding Section 25.14 to read as follows:
Sec. 25.14. HOURS OF OPERATION OF CERTAIN PERMIT HOLDERS.
(a) In this section, "residential area" has the meaning prescribed
by Section 244.001, Local Government Code.
(b) This section applies only to the holder of a beer and
wine retailer's permit for premises located in a residential area
in a municipality:
(1) with a population of 1.5 million or more; and
(2) that has not adopted zoning regulations or a
comprehensive zoning ordinance under Subchapter A, Chapter 211,
Local Government Code.
(c) The holder of a beer and wine retailer's permit may not
allow any customer on the premises after 2 a.m.
SECTION 10. 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 11. 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 12. Subchapter C, Chapter 109, Alcoholic Beverage
Code, is amended by adding Section 109.332 to read as follows:
Sec. 109.332. CERTAIN BEER AND WINE RETAILERS: SALES NEAR
CERTAIN YOUTH-ORIENTED FACILITIES. (a) This section applies only
to the holder of a beer and wine retailer's permit for premises
located in a municipality:
(1) with a population of 1.5 million or more; and
(2) that has not adopted zoning regulations or a
comprehensive zoning ordinance under Subchapter A, Chapter 211,
Local Government Code.
(b) Except as provided by this subsection, the provisions of
Section 109.33 relating to the location of a permitted premises
with respect to a public school also apply to the location of a beer
and wine retailer's premises with respect to a playground, video
arcade facility, or public or private youth center, as those terms
are defined by Section 481.134, Health and Safety Code, or a public
swimming pool. Sections 109.33(a)(2) and (c) do not apply to the
location of a beer and wine retailer's premises with respect to the
other premises listed in this subsection.
SECTION 13. (a) Sections 11.461 and 109.332, Alcoholic
Beverage Code, as added by this Act, apply only to an application
for an original or renewal wine and beer retailer's permit that is
filed or pending on or after the effective date of this Act. An
application for an original or renewal wine and beer retailer's
permit that is filed and approved 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.
(b) Except as provided by Subsection (c) of this section,
Sections 11.393, 25.02, 61.382, and 109.33, Alcoholic Beverage
Code, as amended by this Act, and Sections 11.481 and 25.055,
Alcoholic Beverage Code, as added by this Act, apply only to an
application for an original or renewal wine and beer retailer's
permit that is filed on or after the effective date of this Act. An
application 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.
(c) Section 25.055(d), Alcoholic Beverage Code, as added by
this Act, applies only to a hearing concerning an application for a
wine and beer retailer's permit that occurs on or after November 1,
2005. A hearing held before November 1, 2005, is governed by the
law in effect immediately before the effective date of this Act, and
that law is continued in effect for that purpose.
SECTION 14. This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2005.