BILL ANALYSIS
By: Isett, Carl
Licensing & Administrative Procedures
BACKGROUND AND PURPOSE
The Alcoholic Beverage Code currently requires holders of a Mixed Beverage Permit to file an original application if the applicant is a corporation and more than 50% of its shareholders changes since the original permit was issued. However, if the applicant transfers over 50% of the shares to a person who possesses the qualifications and has been an officer since the date the original permit was issued or if the permittee pays a fee of $500 and advises the commission 10 days before the change is effective, then the permittee may renew the permit.
H.B. 2710 eliminates the payment of the $500 fee and the 10 day notice which is not required of any other permit holder for the same type of change. The filing of the change of ownership is still required.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
H.B. 2710 changes the "his" references to "the shareholder's" to make it more gender neutral; eliminates the $500 fee and the 10 day notice associated with transferring the permit; makes reference to Section 11.46, instead of this code.
H.B. 2710 applies to a mixed beverage permit renewal that expires on or after September 1, 2007, regardless of when legal or beneficial ownership of the corporation holding the permit changed.
EFFECTIVE DATE
September 1, 2007.