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A BILL TO BE ENTITLED
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AN ACT
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relating to the grounds for suspension of certain alcoholic |
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beverage permits and licenses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 11, Alcoholic Beverage |
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Code, is amended by adding Section 11.614 to read as follows: |
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Sec. 11.614. PETITION FOR SUSPENSION. (a) The commission |
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or the administrator shall temporarily suspend the permit of a |
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person permitted to sell alcoholic beverages for on-premises |
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consumption if the commission receives a petition requesting |
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suspension of the permit that: |
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(1) is signed by 25 individuals: |
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(A) who reside on property located within 100 |
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feet of the property line of the permitted premises; or |
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(B) who reside in an area served by an |
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established neighborhood association whose boundaries lie within |
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100 feet of the property line of the permitted premises; |
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(2) alleges that: |
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(A) the permit holder is using or allowing others |
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to use the permitted premises in a manner that constitutes a common |
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nuisance, as defined by Section 125.001, Civil Practice and |
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Remedies Code, or by Section 101.70(a) of this code; or |
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(B) continuous acts of lewd behavior or other |
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criminal activity have occurred on the permitted premises; and |
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(3) is supported by evidence showing a history of |
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police response to the permitted premises because of the criminal |
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activity. |
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(b) After the commission or administrator receives a |
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petition, the commission or administrator shall attempt to mediate |
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a resolution between the residents and the permit holder. |
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(c) If the commission or administrator is not able to |
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resolve the dispute, the commission or administrator shall hold a |
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hearing to determine whether to end the suspension, continue the |
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suspension, or cancel the permit. The commission or administrator |
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shall hold the hearing not later than the 30th day after the date |
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the commission or administrator receives the petition. |
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(d) The commission or administrator shall give the permit |
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holder notice of the hearing and of the permit holder's right to |
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appear and show cause why the permit should not be canceled. |
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(e) The commission or administrator shall render a decision |
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not later than the fourth day after the date the hearing concludes. |
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(f) The commission or administrator may not suspend a permit |
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under this section if the permit holder employs a licensed security |
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guard or an off-duty peace officer to provide security for the |
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permitted premises. |
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SECTION 2. Subchapter C, Chapter 61, Alcoholic Beverage |
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Code, is amended by adding Section 61.722 to read as follows: |
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Sec. 61.722. PETITION FOR SUSPENSION. (a) The commission |
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or the administrator shall temporarily suspend the license of a |
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|
person licensed to sell alcoholic beverages for on-premises |
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|
consumption if the commission receives a petition requesting |
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|
suspension of the license that: |
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|
(1) is signed by 25 individuals: |
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(A) who reside on property located within 100 |
|
|
feet of the property line of the licensed premises; or |
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|
(B) who reside in an area served by an |
|
|
established neighborhood association whose boundaries lie within |
|
|
100 feet of the property line of the licensed premises; |
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(2) alleges that: |
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(A) the license holder is using or allowing |
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others to use the licensed premises in a manner that constitutes a |
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|
common nuisance, as defined by Section 125.001, Civil Practice and |
|
|
Remedies Code, or by Section 101.70(a) of this code; or |
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(B) continuous acts of lewd behavior or other |
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criminal activity have occurred on the licensed premises; and |
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(3) is supported by evidence showing a history of |
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police response to the licensed premises because of the criminal |
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|
activity. |
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(b) After the commission or administrator receives a |
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petition, the commission or administrator shall attempt to mediate |
|
|
a resolution between the residents and the license holder. |
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|
(c) If the commission or administrator is not able to |
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|
resolve the dispute, the commission or administrator shall hold a |
|
|
hearing to determine whether to end the suspension, continue the |
|
|
suspension, or cancel the license. The commission or administrator |
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|
shall hold the hearing not later than the 30th day after the date |
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the commission or administrator receives the petition. |
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(d) The commission or administrator shall give the license |
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holder notice of the hearing and of the license holder's right to |
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appear and show cause why the license should not be canceled. |
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(e) The commission or administrator shall render a decision |
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not later than the fourth day after the date the hearing concludes. |
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(f) The commission or administrator may not suspend a |
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license under this section if the license holder employs a licensed |
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security guard or an off-duty peace officer to provide security for |
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the licensed premises. |
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SECTION 3. This Act takes effect September 1, 2009. |