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A BILL TO BE ENTITLED
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AN ACT
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relating to regulation of the sale of alcoholic beverages. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 1, Alcoholic Beverage Code, is amended |
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by adding Section 1.09 to read as follows: |
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Sec. 1.09. REPORT OF CERTAIN VIOLATIONS BY LAW ENFORCEMENT |
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OFFICER. A law enforcement agency that issues a citation for a |
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violation of this code to the holder of a permit or license under |
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this code shall report the issuance of the citation to the |
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commission as required by commission rule. |
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SECTION 2. Chapter 6, Alcoholic Beverage Code, is amended |
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by adding Section 6.06 to read as follows: |
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Sec. 6.06. PROVISION OF ALCOHOL ON CERTAIN PREMISES |
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PROHIBITED. An alcoholic beverage may not be provided to the public |
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free of charge on the premises of a commercial establishment not |
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licensed or permitted under this code if the owner or operator of |
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the establishment: |
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(1) is ineligible for a permit or license under this |
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code; or |
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(2) has been denied a permit or license for the |
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premises under this code. |
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SECTION 3. Section 11.08, Alcoholic Beverage Code, is |
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amended to read as follows: |
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Sec. 11.08. CHANGE OF LOCATION. If a permittee desires to |
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change the location of the permittee's [his] place of business, the |
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permittee [he] may do so by applying to the county judge [file an
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application for a change of location with the commission. The
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application shall be] on a form prescribed by the commission and |
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obtaining the county judge's consent. The county judge [commission
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or administrator] may deny the application on any ground for which |
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an original application may be denied. The application is subject |
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to protest and hearing in the same manner as an original application |
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for a permit. An additional fee for the unexpired term of the |
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permit is not required in the case of an application for a change of |
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location. |
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SECTION 4. Section 11.31, Alcoholic Beverage Code, is |
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amended to read as follows: |
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Sec. 11.31. APPLICATION TO COMMISSION [FOR PERMIT]. The |
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following [All] permits shall be applied for and obtained from the |
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commission: |
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(1) a brewer's, nonresident brewer's, or distiller's |
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and rectifier's permit; |
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(2) a winery or wine bottler's permit; |
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(3) a wholesaler's, general class B wholesaler's, |
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local class B wholesaler's, or local distributor's permit; |
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(4) a temporary or special wine and beer retailer's |
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permit; |
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(5) a mixed beverage late hours or daily temporary |
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mixed beverage permit; |
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(6) a caterer's permit; |
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(7) a private club late hour or daily temporary |
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private club permit; |
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(8) an airline beverage permit; |
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(9) an agent's or manufacturer's agent's permit; |
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(10) a nonresident seller's permit; |
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(11) an industrial permit; |
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(12) a carrier, private carrier, local cartage, or |
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beverage cartage permit; |
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(13) a storage or bonded warehouse permit; |
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(14) a local industrial alcohol manufacturer's permit; |
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(15) a passenger train beverage permit; |
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(16) a market research packager's permit; |
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(17) a minibar permit; |
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(18) a package store tasting permit; |
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(19) a temporary charitable auction permit; or |
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(20) a [. This section does not apply to] wine and |
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beer retailer's permit [permits, except those] for a railway car |
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[cars] or excursion boat [boats, or to wine and beer retailer's
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off-premise permits]. |
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SECTION 5. Subchapter B, Chapter 11, Alcoholic Beverage |
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Code, is amended by adding Sections 11.311 through 11.320 to read as |
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follows: |
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Sec. 11.311. APPLICATION TO COUNTY JUDGE. (a) A permit |
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that allows the retail sale or service of an alcoholic beverage, |
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other than a permit listed in Section 11.31, shall be applied for |
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and obtained from a county judge and issued by the commission. |
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(b) A person may file an application under this section in |
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termtime or vacation with the county judge of the county in which |
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the person desires to conduct business. The person shall file the |
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application in duplicate. |
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(c) The county judge shall set the application for a hearing |
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to be held not less than five nor more than 10 days after the |
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application is filed. This subsection does not apply to an |
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application for a mixed beverage, wine and beer retailer's, or |
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private club registration permit. |
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(d) Each applicant for an original permit shall pay a |
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hearing fee of $5 to the county clerk at the time of the hearing. |
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The county clerk shall deposit the fee in the county treasury. The |
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applicant is liable for no other fee except the annual permit fee |
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prescribed by this code. |
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(e) A person may not sell an alcoholic beverage during the |
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pendency of the person's original license application. An official |
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may not advise a person to the contrary. |
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Sec. 11.312. MASTERS IN CERTAIN COUNTIES. (a) The county |
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judge of a county with a population of 1.3 million or more may, as |
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provided by Section 61.311, appoint a master to hear an application |
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under this chapter. |
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(b) A master shall give notice of a hearing on an |
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application for a mixed beverage, wine and beer retailer's, or |
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private club registration permit before the master to each person |
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entitled to notice of a hearing before a judge under Section 11.315. |
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Sec. 11.313. DELEGATION OF DUTIES OF COUNTY JUDGE. A county |
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judge may, as provided by Section 61.312, file an order with the |
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commissioners court of the county delegating to another county |
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officer the duty to hear applications under this chapter. |
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Sec. 11.314. HEARING BY COUNTY JUDGE. (a) If the county |
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judge finds that all facts stated in the application are true and no |
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legal ground to refuse a permit exists, the county judge shall enter |
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an order certifying those findings and give the applicant a copy of |
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the order. If the county judge finds otherwise, the county judge |
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shall enter an order accordingly. |
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(b) If the county judge enters an order favorable to the |
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applicant, the applicant shall present a copy of the order to the |
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assessor and collector of taxes of the county and pay that officer |
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the appropriate permit fee. The assessor and collector of taxes |
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then shall report to the commission on a form prescribed by the |
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commission, certifying that the application was approved and that |
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all required fees have been paid and furnishing any other |
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information the commission requires. The assessor and collector of |
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taxes shall attach a copy of the original application to the report. |
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(c) The county judge may give due consideration to any |
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recommendations made by: |
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(1) representatives of the commission; |
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(2) the state senator who represents the area in |
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question; |
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(3) the state representative who represents the area |
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in question; |
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(4) the county commissioner who represents the area in |
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question; |
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(5) the sheriff or county or district attorney of the |
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county where the permit is sought; |
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(6) the mayor, city council member, or commissioner |
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who represents the area in question; or |
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(7) the chief of police of the incorporated city where |
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the applicant seeks to conduct business. |
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Sec. 11.315. HEARINGS ON ON-PREMISE PERMIT APPLICATIONS: |
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NOTICE AND ATTENDANCE. (a) On receipt of an original application |
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for a mixed beverage, wine and beer retailer's, or private club |
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registration permit, the county judge shall give notice of all |
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hearings before the county judge concerning the application to the |
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commission, the sheriff, and the chief of police of the |
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incorporated city in which, or nearest which, the premises for |
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which the permit is sought are located. |
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(b) The individual natural person applying for the permit |
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or, if the applicant is not an individual natural person, the |
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individual partner, officer, trustee, or receiver who will be |
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primarily responsible for the management of the premises shall |
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attend any hearing involving the application. |
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Sec. 11.316. ISSUANCE OF PERMIT BY COMMISSION OR |
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ADMINISTRATOR. (a) On receiving a report from the assessor and |
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collector of taxes under Section 11.314, the commission or |
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administrator shall issue the appropriate permit if the commission |
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or administrator finds that the applicant is entitled to a permit. |
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The permit shall show the class of business the applicant is |
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authorized to conduct, the amount of fees paid, the address of the |
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place of business, the date the permit is issued and the date it |
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expires, and any other information the commission considers proper. |
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(b) The commission or administrator may refuse to issue a |
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permit after receiving the report of the assessor and collector of |
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taxes if the commission or administrator possesses information from |
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which it is determined that any statement in the permit application |
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is false or misleading or that there is another legal reason why a |
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permit should not be issued. If the commission or administrator |
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refuses to issue a permit, the commission or administrator shall |
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enter an order accordingly and the applicant is entitled to a refund |
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of any permit fee the applicant paid the assessor and collector of |
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taxes in connection with the application. |
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Sec. 11.317. APPEAL. (a) An applicant or a person who |
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contests an application under Section 11.318 may appeal the |
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decision of the county judge, commission, or administrator on the |
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application on or before the 30th day after the date the decision |
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becomes final and appealable to the district court of the county |
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where the application was made. The appeal is governed by Section |
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11.67, and the court may hear the appeal in termtime or vacation. |
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(b) If the judgment of the district court is in favor of the |
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applicant, regardless of whether an appeal is taken, a copy of the |
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judgment shall be presented to the assessor and collector of taxes |
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of the county where the application was made. The assessor and |
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collector of taxes shall accept the fees required by this code and |
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proceed as provided under Section 11.314 as if the county judge had |
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approved the application. |
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(c) If a permit is issued on the basis of a district court |
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judgment and that judgment is reversed on appeal, the mandate of the |
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appellate court automatically invalidates the permit and the |
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applicant is entitled to a proportionate refund of fees for the |
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unexpired portion of the permit. As much of the proceeds from |
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permit fees collected under this subtitle as is necessary may be |
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appropriated for the payment of those refunds. |
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(d) A person appealing from an order under this section |
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shall give bond for all costs incident to the appeal and shall be |
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required to pay those costs if the judgment on appeal is unfavorable |
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to the applicant, but not otherwise. A bond is not required on an |
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appeal filed on behalf of the state. |
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Sec. 11.318. RETAIL OR PRIVATE CLUB REGISTRATION PERMIT: |
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MAY CONTEST APPLICATION. Any person may contest the facts stated in |
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an application for a permit to sell alcoholic beverages at retail or |
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a private club registration permit, or the applicant's right to |
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secure a permit. The person may not be required to pay security for |
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the costs that may be incurred in the contest if the case should be |
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decided in favor of the applicant. |
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Sec. 11.319. SECOND PERMIT AT SAME LOCATION; EFFECT ON |
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EXISTING PERMIT. A permit may not be issued for a premises, |
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location, or place of business for which a permit is in effect |
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unless the holder of the existing permit has shown to the |
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satisfaction of the commission that the permit holder will no |
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longer exercise any privilege granted by the existing permit at |
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that location. If the holder of the existing permit desires to |
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transfer the permit to another location, the permit holder may |
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apply for a transfer of location in accordance with this code. If |
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the holder of the existing permit has made a declaration required by |
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the commission that the permit holder will no longer use the permit, |
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the permit holder may not manufacture or sell alcoholic beverages |
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or possess alcoholic beverages for the purpose of sale or, if a |
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private club registration permit, for on-premises consumption |
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until the permit has been reinstated. The holder may apply for the |
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reinstatement of the permit in the same manner and according to the |
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same procedure as in the case of an original permit application. |
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The county judge or the commission or administrator may deny |
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reinstatement of the permit for any cause for which an original |
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permit application may be denied. |
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Sec. 11.320. REAPPLICATION AFTER DENIAL. (a) A person who |
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has been denied a permit or license under this code may not apply |
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for that or another type of permit or license under this code before |
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the first anniversary of the date on which the county judge or the |
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commission or administrator denied the person a permit or license. |
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(b) Before an application by a person described by |
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Subsection (a) may be considered on its merits, the person must |
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prove at a hearing before the entity that denied the previous |
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application that the circumstances on which the previous denial was |
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based have changed. |
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SECTION 6. Section 11.32, Alcoholic Beverage Code, is |
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amended to read as follows: |
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Sec. 11.32. RENEWAL APPLICATION. (a) Renewal applications |
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shall be made under oath and shall contain all information required |
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by the commission or administrator showing that the applicant is |
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qualified to hold the permit. The application shall be accompanied |
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by the required bond and state fee. The commission or administrator |
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may issue a renewal permit if it is found that the applicant is |
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qualified. |
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(b) An application to renew a permit other than a permit |
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listed in Section 11.31 shall be filed in writing with the assessor |
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and collector of taxes of the county in which the permitted premises |
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are located no earlier than 30 days before the permit expires but |
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not after the permit expires. The application shall be signed by |
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the applicant and shall contain complete information required by |
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the commission showing that the applicant is not disqualified from |
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holding a permit. The application shall be accompanied by the |
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appropriate permit fee plus a filing fee of $2. The assessor and |
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collector of taxes shall deposit the filing fee in the county |
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treasury and shall account for it as a fee of office. An applicant |
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for a renewal is not required to pay any fee other than permit fees |
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and the filing fee unless the applicant is required by the |
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commission or administrator to submit to a renewal hearing before |
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the county judge. |
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(c) When a renewal application has been filed in accordance |
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with Subsection (b), the assessor and collector of taxes shall |
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transmit to the commission the original copy of the application |
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plus a certification that all required fees have been paid for the |
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ensuing permit period. On receiving the application and |
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certification, the commission or administrator may in the |
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commission's or administrator's discretion issue a renewal permit |
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or reject the application and require the applicant to file an |
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application with the county judge and submit to a hearing as |
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required in the case of an original application. When an |
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application for renewal is rejected, the applicant is entitled to a |
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refund of any permit fee that was paid to the assessor and collector |
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of taxes at the time the renewal application was filed. |
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SECTION 7. Section 11.36, Alcoholic Beverage Code, is |
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amended to read as follows: |
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Sec. 11.36. REFUND OF FEE. The commission may not refund a |
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permit fee except when the permittee is prevented from continuing |
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in business because of a local option election or when an |
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application for a permit is rejected [by the commission or
|
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administrator]. As much of the proceeds from permit fees as is |
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necessary may be appropriated for that purpose. |
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SECTION 8. Section 11.38(e), Alcoholic Beverage Code, is |
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amended to read as follows: |
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(e) The county judge may refuse to approve and the |
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commission or administrator may cancel or deny a permit for the |
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retail sale or service of alcoholic beverages, including a permit |
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held by the holder of a food and beverage certificate, if the county |
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judge, commission, or administrator [it] finds that the permit |
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holder or applicant has not paid delinquent ad valorem taxes due on |
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that permitted premises or due from a business operated on that |
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premises to any taxing authority in the county of the premises. For |
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purposes of this subsection, a permit holder or applicant is |
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presumed delinquent in the payment of taxes due if the permit holder |
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or applicant: |
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(1) is placed on a delinquent tax roll prepared under |
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Section 33.03, Tax Code; |
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(2) has received a notice of delinquency under Section |
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33.04, Tax Code; and |
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(3) has not made a payment required under Section |
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42.08, Tax Code. |
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SECTION 9. Section 11.41, Alcoholic Beverage Code, is |
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amended to read as follows: |
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Sec. 11.41. RECOMMENDATION OF LOCAL OFFICIALS. (a) When a |
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person applies for a permit, the county judge, commission, or |
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administrator may give due consideration to the recommendations of |
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the mayor, the city council member or commissioner who represents |
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the area in question, chief of police, city marshal, or city |
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attorney of the city or town in which the premises sought to be |
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licensed are located and of the county judge, the county |
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commissioner who represents the area in question, sheriff, or |
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county or district attorney of the county in which the premises |
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sought to be licensed are located. If a protest against the |
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issuance of a permit is made under this code [to the commission] by |
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any of these officers and it is found on a hearing or finding of |
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facts that the issuance of the permit would be in conflict with the |
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provisions of this code, the county judge, commission, or |
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administrator shall enter an order setting forth the reasons for |
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refusal. A copy of the order shall be immediately mailed or |
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delivered to the applicant. |
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(b) In the granting or withholding of a permit to sell |
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alcoholic beverages at retail, the county judge, commission, or |
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administrator may give consideration to a recommendation made in |
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writing by the commissioners court of the county in which the |
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applicant proposes to conduct the applicant's [his] business or by |
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a representative of the commission. |
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SECTION 10. Sections 11.43(a), (b), and (c), Alcoholic |
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Beverage Code, are amended to read as follows: |
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(a) The county judge, commission, and administrator have |
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discretionary authority to grant or refuse to issue an original or |
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renewal permit under the provisions of this subchapter or any other |
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applicable provision of this code. |
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(b) Notwithstanding any other provision of this code that |
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authorizes the refusal [commission or administrator to refuse] to |
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issue a permit or license without a hearing, the county judge |
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[commission or administrator] shall hold a hearing before granting |
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or refusing to issue an original mixed beverage permit, private |
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club registration permit, wine and beer retailer's permit, or |
|
retail dealer's on-premise license if a sexually oriented business |
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is to be operated on the premises to be covered by the permit or |
|
license. |
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(c) A hearing shall be held on any renewal application of a |
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mixed beverage permit, private club registration permit, wine and |
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beer retailer's permit, or retail dealer's on-premise license if a |
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sexually oriented business is to be operated on the premises to be |
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covered by the permit or license and a petition is presented to the |
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county judge [commission] requesting a hearing which is signed by |
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50 percent of the residents who reside within 300 feet of any |
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property line of the affected premises. |
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SECTION 11. The heading of Section 11.46, Alcoholic |
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Beverage Code, is amended to read as follows: |
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Sec. 11.46. DISCRETIONARY [GENERAL] GROUNDS FOR COMMISSION |
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REFUSAL. |
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SECTION 12. Section 11.46(a), Alcoholic Beverage Code, is |
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amended to read as follows: |
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[(a)] For a permit listed in Section 11.31, the [The] |
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commission or administrator may refuse to issue an original or |
|
renewal permit with or without a hearing if the commissioner or |
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administrator [it] has reasonable grounds to believe and finds that |
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any of the following circumstances exist [exists]: |
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(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 the |
|
[his] application; |
|
(2) five 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 |
|
the [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 |
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incorrectly answered a question in an original or renewal |
|
application; |
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(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; |
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(6) the applicant is not of good moral character or the |
|
applicant's [his] reputation for being a peaceable, law-abiding |
|
citizen in the community where the applicant [he] resides is bad; |
|
(7) the applicant is a minor; |
|
(8) the place or manner in which the applicant may |
|
conduct the applicant's [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 the [his] application, unless the applicant |
|
[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 the [his] present |
|
application; |
|
(14) the applicant has failed or refused to furnish a |
|
true copy of the [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 13. Subchapter B, Chapter 11, Alcoholic Beverage |
|
Code, is amended by adding Sections 11.461, 11.462, and 11.463 to |
|
read as follows: |
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Sec. 11.461. PERMITS FOR ON-PREMISE CONSUMPTION: MANDATORY |
|
GROUNDS FOR COMMISSION REFUSAL. (a) In this section, "applicant" |
|
includes the individual natural person holding or applying for the |
|
permit or, if the holder or applicant is not an individual natural |
|
person, the individual partner, officer, trustee, or receiver who |
|
is primarily responsible for the management of the premises. |
|
(b) The commission or administrator shall refuse to issue a |
|
renewal of a mixed beverage, wine and beer retailer's, or private |
|
club registration permit if the commission or administrator finds: |
|
(1) that the applicant or the applicant's spouse has |
|
been finally convicted of a felony or one of the offenses listed in |
|
Section 69.06(a) at any time during the five years immediately |
|
preceding the filing of the application for renewal; or |
|
(2) that five 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 Section |
|
69.06(a). |
|
(c) The commission or administrator shall refuse to issue an |
|
original permit under Section 11.31 authorizing the retail sale of |
|
alcoholic beverages unless the applicant for the permit files with |
|
the application a certificate issued by the comptroller of public |
|
accounts stating that the applicant holds, or has applied for and |
|
satisfies all legal requirements for the issuance of, a sales tax |
|
permit, if required, for the place of business for which the |
|
alcoholic beverage permit is sought. |
|
(d) The commission or administrator shall refuse to issue, |
|
for a period of one year after cancellation, a mixed beverage permit |
|
or private club registration permit under Section 11.31 for a |
|
premises where a license or permit has been canceled during the |
|
preceding 12 months as a result of a shooting, stabbing, or other |
|
violent act, or as a result of an offense involving drugs. |
|
Sec. 11.462. MANDATORY GROUNDS FOR COUNTY JUDGE REFUSAL. |
|
For a permit described by Section 11.311(a), the county judge shall |
|
refuse to approve an original or renewal permit if the county judge |
|
has reasonable grounds to believe and finds that any ground on which |
|
the county judge would be required to refuse to approve an |
|
application for a license under Section 61.42 exists. |
|
Sec. 11.463. DISCRETIONARY GROUNDS FOR COUNTY JUDGE |
|
REFUSAL. For a permit described by Section 11.311(a), the county |
|
judge may refuse to approve an application for a permit if the |
|
county judge has reasonable grounds to believe and finds that any |
|
ground on which the county judge would be authorized to refuse to |
|
approve an application for a license under Section 61.43 exists. |
|
SECTION 14. Section 11.47, Alcoholic Beverage Code, is |
|
amended to read as follows: |
|
Sec. 11.47. REFUSAL OF PERMIT: INTEREST IN BEER |
|
ESTABLISHMENT. The county judge, commission, or administrator may |
|
refuse to approve or issue an original or renewal permit with or |
|
without a hearing if the county judge, commission, or administrator |
|
[it] has reasonable grounds to believe and finds that the applicant |
|
or a person with whom the applicant [he] is residentially domiciled |
|
has a financial interest in a permit or license authorizing the sale |
|
of beer at retail, except as is authorized by Section 22.06, 24.05, |
|
or 102.05 [of this code]. This section does not apply to an |
|
applicant for a permit which authorizes the sale of mixed |
|
beverages. |
|
SECTION 15. Sections 11.48(a) and (b), Alcoholic Beverage |
|
Code, are amended to read as follows: |
|
(a) The county judge, commission, or administrator may |
|
refuse to approve or issue an original or renewal mixed beverage |
|
permit with or without a hearing if the county judge, commission, or |
|
administrator [it] has reasonable grounds to believe and finds that |
|
the applicant, directly or indirectly, or through a subsidiary, |
|
affiliate, agent, or employee, or through an officer, director, or |
|
firm member, owns an interest of any kind in the premises, business, |
|
or permit of a package store. |
|
(b) The county judge [commission or administrator] may |
|
refuse to approve [issue] an original or renewal package store |
|
permit with or without a hearing if the county judge [it] has |
|
reasonable grounds to believe and finds that the applicant, |
|
directly or indirectly, through a subsidiary, affiliate, agent, or |
|
employee, or through an officer, director, or firm member, owns an |
|
interest of any kind in the premises, business, or permit of a mixed |
|
beverage establishment. |
|
SECTION 16. Sections 11.492(b) and (c), Alcoholic Beverage |
|
Code, are amended to read as follows: |
|
(b) Any time before the expiration of a mixed beverage or |
|
wine and beer retailer's permit or a retail dealer's on-premise |
|
license the permittee or licensee may file an application for a |
|
change of permit or license under Subsection (a) of this section. |
|
The applicant must make the application to the county judge on a |
|
form provided by the commission and the application must be |
|
accompanied by the appropriate fee for the permit or license |
|
sought. |
|
(c) The county judge [commission] shall consider an |
|
application under this section in the same manner and according to |
|
the same criteria as the county judge [it] would consider a renewal |
|
application of the license or permit held by the permittee or |
|
licensee. Procedures applicable to an application for an original |
|
license or permit do not apply. The commission shall issue a new |
|
license or permit to an applicant if the county judge [commission] |
|
determines the applicant is eligible to hold the license or permit |
|
sought. The license or permit takes effect on the expiration of the |
|
old license or, if requested in the application, on approval. The |
|
former license is canceled on the effective date of the new license. |
|
The licensee or permittee is not entitled to a refund for the |
|
unexpired portion of a canceled license or permit. |
|
SECTION 17. Section 11.52(a), Alcoholic Beverage Code, is |
|
amended to read as follows: |
|
(a) In a municipality with a population of 1,500,000 or |
|
more, on the assertion by any person of any justiciable grounds for |
|
a suspension, denial, cancellation, or refusal of a mixed beverage |
|
permit or a wine and beer retailer's permit, the [commission or] |
|
county judge[, as applicable,] shall hold a hearing if: |
|
(1) any point of the property line of the premise is |
|
less than 300 feet from the nearest point on a property line of a |
|
residence, church, school, hospital, day-care facility, or social |
|
service facility, as measured in a straight line; and |
|
(2) 75 percent or more of the permittee's or licensee's |
|
actual or anticipated gross revenue is from the sale of alcoholic |
|
beverages. |
|
SECTION 18. Section 11.612(a), Alcoholic Beverage Code, is |
|
amended to read as follows: |
|
(a) The commission or administrator may cancel an original |
|
or a renewal permit issued under Chapter 32 or 33, and the county |
|
judge, commission, or administrator may refuse to approve or issue |
|
any new alcoholic beverage permit for the same premises for one year |
|
after the date of cancellation if: |
|
(1) the chief of police of the municipality, if the |
|
premises are located in an incorporated area, or the sheriff of the |
|
county in which the premises are located has submitted a sworn |
|
statement to the commission stating specific allegations that the |
|
place or manner in which the permittee conducts its business |
|
endangers the general welfare, health, peace, morals, or safety of |
|
the community; and |
|
(2) the county judge, commission, or administrator |
|
finds, after notice and hearing within the county where the |
|
premises are located, that the place or manner in which the |
|
permittee conducts its business does in fact endanger the general |
|
welfare, health, peace, morals, or safety of the community. |
|
SECTION 19. Section 11.67, Alcoholic Beverage Code, is |
|
amended by amending Subsections (a) and (d) to read as follows: |
|
(a) An appeal from an order of a county judge or the |
|
commission or administrator granting, refusing, cancelling, or |
|
suspending a permit or license may be taken to the district court of |
|
the county in which the applicant, licensee, or permittee resides |
|
or in which the owner of involved real or personal property resides. |
|
(d) If the appeal is from an order refusing the issuance or |
|
renewal of a permit or license for a business that is sexually |
|
oriented, any person may appear on appeal against the issuance or |
|
renewal of the license or permit. In any other appeal, a person who |
|
contested the application may appear on appeal against the issuance |
|
or renewal of the license or permit. However, the court may grant a |
|
motion to strike the [person's] appearance of a person under this |
|
subsection on a showing that the person does not have a justiciable |
|
or administratively cognizable interest in the proceeding. |
|
SECTION 20. Section 22.16(c), Alcoholic Beverage Code, is |
|
amended to read as follows: |
|
(c) Before the county judge or commission may renew a |
|
package store permit, an individual who is an owner or officer of |
|
the permittee must file with the assessor and collector of taxes of |
|
the county in which the permitted premises are located [commission] |
|
a sworn affidavit stating that the permittee fully complies with |
|
the requirements of this section. |
|
SECTION 21. Section 25.04(a), Alcoholic Beverage Code, is |
|
amended to read as follows: |
|
(a) [A wine and beer retailer's permit is issued by the
|
|
commission or administrator.] The qualification of applicants and |
|
the application for and issuance of the permit are governed by the |
|
same provisions which apply to the application for and issuance of a |
|
retail dealer's on-premise license. |
|
SECTION 22. Section 26.03(a), Alcoholic Beverage Code, is |
|
amended to read as follows: |
|
(a) [A wine and beer retailer's off-premise permit is issued
|
|
by the commission or administrator.] The qualifications of |
|
applicants and the application for and issuance of the permit are |
|
governed by the same provisions which apply to the application for |
|
and issuance of a retail dealer's off-premise license. |
|
SECTION 23. The heading of Section 61.34, Alcoholic |
|
Beverage Code, is amended to read as follows: |
|
Sec. 61.34. APPEAL [FROM DENIAL]. |
|
SECTION 24. Section 61.34(a), Alcoholic Beverage Code, is |
|
amended to read as follows: |
|
(a) An applicant or a person who contests the application |
|
under Section 61.39 may appeal the decision of [If] the county |
|
judge, commission, or administrator on the [denies an] application |
|
on or before the 30th day after[, the applicant may appeal within 30
|
|
days from] the date the decision [order] becomes final and |
|
appealable to the district court of the county where the |
|
application was made. The appeal is governed by Section 11.67 of |
|
this code, and the court may hear the appeal in termtime or |
|
vacation. |
|
SECTION 25. Subchapter B, Chapter 61, Alcoholic Beverage |
|
Code, is amended by adding Section 61.411 to read as follows: |
|
Sec. 61.411. REAPPLICATION AFTER DENIAL. (a) A person who |
|
has been denied a permit or license under this code may not apply |
|
for that or another type of permit or license under this code before |
|
the first anniversary of the date on which the county judge or the |
|
commission or administrator denied the person a permit or license. |
|
(b) Before an application by a person described by |
|
Subsection (a) may be considered on its merits, the person must |
|
prove at a hearing before the entity that denied the previous |
|
application that the circumstances on which the previous denial was |
|
based have changed. |
|
SECTION 26. 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 the county judge [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 the applicant's [his] business |
|
warrants the [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 or |
|
incapacitated; |
|
(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 the [his] application, unless the applicant |
|
[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 years immediately preceding the filing of the [his] |
|
application; |
|
(7) the applicant is not of good moral character or the |
|
applicant's [his] reputation for being a peaceable, law-abiding |
|
citizen in the community where the applicant [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 27. 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 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: |
|
(A) running water, if it is available; or |
|
(B) separate free toilets for males and females, |
|
properly identified, on the premises for which the license is |
|
sought or, if the premises is a restaurant that derives less than 50 |
|
percent of its gross revenue from the sale of alcohol, is 2,500 |
|
square feet or less, and has an occupancy rating of 50 persons or |
|
less, at least one toilet, 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) during the six months immediately before the |
|
filing of the application, 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; or |
|
(11) in the six-month period immediately before the |
|
filing of the application, the applicant violated or caused to be |
|
violated a provision of this code or a commission rule that involves |
|
moral turpitude, as distinguished from a technical violation of |
|
this code or a rule. |
|
SECTION 28. Section 109.32, Alcoholic Beverage Code, is |
|
amended to read as follows: |
|
Sec. 109.32. MUNICIPAL AND COUNTY REGULATION OF BEER. (a) |
|
An incorporated city or town by charter or ordinance may: |
|
(1) prohibit the sale of alcoholic beverages [beer] in |
|
a residential area; and |
|
(2) regulate the sale of alcoholic beverages [beer] |
|
and prescribe the hours when alcoholic beverages [it] may be sold, |
|
except the city or town may not permit the sale of an alcoholic |
|
beverage [beer] when its sale is prohibited by this code. |
|
(b) In a county that has only one incorporated city or town |
|
that has a majority of the population of the county, according to |
|
the most recent federal census, and where the city or town has |
|
shortened the hours of sale for an alcoholic beverage [beer] on |
|
Sundays by a valid charter amendment or ordinance before January 1, |
|
1957, the commissioners court may enter an order prohibiting the |
|
sale of the alcoholic beverage [beer] on Sundays during the hours it |
|
is prohibited in the city or town. The order may apply to all or |
|
part of the area of the county located outside the city or town. The |
|
commissioners court may not adopt the order unless it first |
|
publishes notice for four consecutive weeks in a newspaper of |
|
general circulation in the county published in the county or a |
|
nearby county. |
|
(c) In exercising the authority granted by this section, the |
|
city, town, or county may distinguish between retailers selling |
|
alcoholic beverages [beer] for on-premises consumption and |
|
retailers, manufacturers, or distributors who do not sell alcoholic |
|
beverages [beer] for on-premises consumption. |
|
SECTION 29. Section 38.007(b), Education Code, is amended |
|
to read as follows: |
|
(b) The board of trustees of a school district shall attempt |
|
to provide a safe alcohol-free environment to students coming to or |
|
going from school. The board of trustees may cooperate with local |
|
law enforcement officials and the Texas Alcoholic Beverage |
|
Commission in attempting to provide this environment and in |
|
enforcing Sections 101.75, 109.33, and 109.59, Alcoholic Beverage |
|
Code. Additionally, the board [, if a majority of the area of a
|
|
district is located in a municipality with a population of 900,000
|
|
or more,] may petition the commissioners court of the county in |
|
which the district is located or the governing board of an |
|
incorporated city or town in which the district is located to adopt |
|
a 1,000-foot zone under Section 109.33, Alcoholic Beverage Code. |
|
SECTION 30. Sections 11.40, 11.46(b) and (c), 25.05, |
|
25.051, 25.052, 25.06, 26.06, 26.07, 32.04, and 32.18, Alcoholic |
|
Beverage Code, are repealed. |
|
SECTION 31. The change in law made by this Act to Chapters |
|
11, 22, 25, 26, 32, and 61, Alcoholic Beverage Code, applies only to |
|
an original or renewal alcoholic beverage permit or license the |
|
application for which is filed on or after the effective date of |
|
this Act. An application for an original or renewal alcoholic |
|
beverage license or permit 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 32. This Act takes effect September 1, 2007. |