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A BILL TO BE ENTITLED
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AN ACT
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relating to providing notice of a change in certain contact |
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information of an alcoholic beverage license or permit holder. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 11, Alcoholic Beverage |
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Code, is amended by adding Section 11.081 to read as follows: |
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Sec. 11.081. CHANGE OF MAILING ADDRESS. Not later than the |
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10th day after the date the holder of a permit issued under this |
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subtitle changes the mailing address for contacting the permit |
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holder, the permit holder shall notify the commission on a form |
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prescribed by the commission of the new mailing address. |
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SECTION 2. Section 11.46(a), Alcoholic Beverage Code, is |
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amended to read as follows: |
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(a) The commission or administrator may refuse to issue an |
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original or renewal permit with or without a hearing if it has |
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reasonable grounds to believe and finds that any of the following |
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circumstances exists: |
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(1) the applicant has been convicted in a court of |
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competent jurisdiction of the violation of any provision of this |
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code during the two years immediately preceding the filing of his |
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application; |
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(2) five years have not elapsed since the termination, |
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by pardon or otherwise, of a sentence imposed on the applicant for |
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the conviction of a felony; |
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(3) within the six-month period immediately preceding |
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his application the applicant violated or caused to be violated a |
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provision of this code or a rule or regulation of the commission |
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which involves moral turpitude, as distinguished from a technical |
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violation of this code or of the rule; |
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(4) the applicant failed to answer or falsely or |
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incorrectly answered a question in an original or renewal |
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application; |
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(5) the applicant is indebted to the state for any |
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taxes, fees, or payment of penalty imposed by this code or by rule |
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of the commission; |
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(6) the applicant is not of good moral character or his |
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reputation for being a peaceable, law-abiding citizen in the |
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community where he resides is bad; |
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(7) the applicant is a minor; |
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(8) the place or manner in which the applicant may |
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conduct his business warrants the refusal of a permit based on the |
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general welfare, health, peace, morals, and safety of the people |
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and on the public sense of decency; |
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(9) the applicant is in the habit of using alcoholic |
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beverages to excess or is physically or mentally incapacitated; |
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(10) the applicant will sell liquor unlawfully in a |
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dry area or in a manner contrary to law or will knowingly permit an |
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agent, servant, or employee to do so; |
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(11) the applicant is not a United States citizen or |
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has not been a citizen of Texas for a period of one year immediately |
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preceding the filing of his application, unless he was issued a |
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permit or renewal permit on or before September 1, 1948, and has at |
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some time been a United States citizen; |
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(12) the applicant does not provide an adequate |
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building available at the address for which the permit is sought |
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before conducting any activity authorized by the permit; |
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(13) the applicant is residentially domiciled with a |
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person whose permit or license has been cancelled for cause within |
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the 12 months immediately preceding the date of his present |
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application; |
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(14) the applicant has failed or refused to furnish a |
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true copy of his application to the commission's district office in |
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the district in which the premises for which the permit is sought |
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are located; [or] |
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(15) during the six months immediately preceding the |
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filing of the application the premises for which the permit is |
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sought have been operated, used, or frequented for a purpose or in a |
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manner that is lewd, immoral, or offensive to public decency; or |
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(16) the applicant has failed to timely notify the |
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commission of a change in mailing address as required by Section |
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11.081 or 61.081. |
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SECTION 3. Section 11.61(b), Alcoholic Beverage Code, is |
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amended to read as follows: |
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(b) The commission or administrator may suspend for not more |
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than 60 days or cancel an original or renewal permit if it is found, |
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after notice and hearing, that any of the following is true: |
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(1) the permittee has been finally convicted of a |
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violation of this code; |
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(2) the permittee violated a provision of this code or |
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a rule of the commission; |
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(3) the permittee was finally convicted of a felony |
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while holding an original or renewal permit; |
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(4) the permittee made a false or misleading statement |
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in connection with his original or renewal application, either in |
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the formal application itself or in any other written instrument |
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relating to the application submitted to the commission, its |
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officers, or employees; |
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(5) the permittee is indebted to the state for taxes, |
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fees, or payment of penalties imposed by this code, by a rule of the |
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commission, or by Chapter 183, Tax Code; |
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(6) the permittee is not of good moral character or his |
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reputation for being a peaceable and law-abiding citizen in the |
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community where he resides is bad; |
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(7) the place or manner in which the permittee |
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conducts his business warrants the cancellation or suspension of |
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the permit based on the general welfare, health, peace, morals, and |
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safety of the people and on the public sense of decency; |
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(8) the permittee is not maintaining an acceptable |
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bond; |
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(9) the permittee maintains a noisy, lewd, disorderly, |
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or unsanitary establishment or has supplied impure or otherwise |
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deleterious beverages; |
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(10) the permittee is insolvent or mentally or |
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physically unable to carry on the management of his establishment; |
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(11) the permittee is in the habit of using alcoholic |
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beverages to excess; |
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(12) the permittee knowingly misrepresented to a |
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customer or the public any liquor sold by him; |
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(13) the permittee was intoxicated on the licensed |
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premises; |
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(14) the permittee sold or delivered an alcoholic |
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beverage to an intoxicated person; |
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(15) the permittee possessed on the licensed premises |
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an alcoholic beverage that he was not authorized by his permit to |
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purchase and sell; |
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(16) a package store or wine only package store |
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permittee transported or shipped liquor, or caused it to be |
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transported or shipped, into a dry state or a dry area within this |
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state; |
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(17) the permittee is residentially domiciled with a |
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person who has a financial interest in an establishment engaged in |
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the business of selling beer at retail, other than a mixed beverage |
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establishment, except as authorized by Section 22.06, 24.05, or |
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102.05 of this code; |
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(18) the permittee is residentially domiciled with a |
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person whose permit or license was cancelled for cause within the |
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12-month period preceding his own application; |
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(19) the permittee is not a citizen of the United |
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States or has not been a citizen of Texas for a period of one year |
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immediately preceding the filing of his application, unless he was |
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issued an original or renewal permit on or before September 1, 1948, |
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and has been a United States citizen at some time; |
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(20) the permittee permitted a person to open a |
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container of alcoholic beverage or possess an open container of |
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alcoholic beverage on the licensed premises unless a mixed beverage |
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permit has been issued for the premises; |
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(21) the permittee failed to promptly report to the |
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commission a breach of the peace occurring on the permittee's |
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licensed premises; |
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(22) the permittee consumed an alcoholic beverage or |
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permitted one to be consumed on the licensed premises at a time when |
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the consumption of alcoholic beverages is prohibited by this code; |
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[or] |
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(23) the permittee sold, served, or delivered an |
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alcoholic beverage at a time when its sale is prohibited; or |
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(24) the permittee has failed to timely notify the |
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commission of a change in mailing address as required by Section |
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11.081 or 61.081. |
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SECTION 4. Subchapter A, Chapter 61, Alcoholic Beverage |
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Code, is amended by adding Section 61.081 to read as follows: |
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Sec. 61.081. CHANGE OF MAILING ADDRESS. Not later than the |
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10th day after the date the holder of a license issued under this |
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subtitle changes the mailing address for contacting the license |
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holder, the license holder shall notify the commission on a form |
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prescribed by the commission of the new mailing address. |
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SECTION 5. Section 61.43(a), Alcoholic Beverage Code, is |
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amended to read as follows: |
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(a) The county judge may refuse to approve an application |
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for a license as a distributor or retailer if the county judge has |
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reasonable grounds to believe and finds that: |
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(1) the applicant has been finally convicted in a |
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court of competent jurisdiction for the violation of a provision of |
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this code during the two years immediately preceding the filing of |
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an application; |
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(2) five years has not elapsed since the termination, |
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by pardon or otherwise, of a sentence imposed for conviction of a |
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felony; |
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(3) the applicant has violated or caused to be |
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violated a provision of this code or a rule or regulation of the |
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commission, for which a suspension was not imposed, during the |
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12-month period immediately preceding the filing of an application; |
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(4) the applicant failed to answer or falsely or |
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incorrectly answered a question in an original or renewal |
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application; |
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(5) the applicant for a retail dealer's license does |
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not have an adequate building available at the address for which the |
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license is sought before conducting any activity authorized by the |
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license; |
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(6) the applicant or a person with whom the applicant |
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is residentially domiciled had an interest in a license or permit |
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which was cancelled or revoked within the 12-month period |
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immediately preceding the filing of an application; |
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(7) the applicant failed or refused to furnish a true |
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copy of the application to the commission's district office in the |
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district in which the premises sought to be licensed are located; |
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(8) the premises on which beer is to be sold for |
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on-premises consumption does not have: |
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(A) running water, if it is available; or |
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(B) separate free toilets for males and females, |
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properly identified, on the premises for which the license is |
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sought or, if the premises is a restaurant that derives less than 50 |
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percent of its gross revenue from the sale of alcohol, is 2,500 |
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square feet or less, and has an occupancy rating of 50 persons or |
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less, at least one toilet, properly identified, on the premises for |
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which the license is sought; |
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(9) the applicant for a retail dealer's license will |
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conduct business in a manner contrary to law or in a place or manner |
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conducive to a violation of the law; [or] |
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(10) the place, building, or premises for which the |
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license is sought was used for selling alcoholic beverages in |
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violation of the law at any time during the six months immediately |
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preceding the filing of the application or was used, operated, or |
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frequented during that time for a purpose or in a manner which was |
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lewd, immoral, offensive to public decency, or contrary to this |
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code; or |
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(11) the applicant has failed to timely notify the |
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commission of a change in mailing address as required by Section |
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11.081 or 61.081. |
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SECTION 6. Section 61.71(a), Alcoholic Beverage Code, is |
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amended to read as follows: |
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(a) The commission or administrator may suspend for not more |
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than 60 days or cancel an original or renewal retail dealer's on- or |
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off-premise license if it is found, after notice and hearing, that |
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the licensee: |
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(1) violated a provision of this code or a rule of the |
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commission during the existence of the license sought to be |
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cancelled or suspended or during the immediately preceding license |
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period; |
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(2) was finally convicted for violating a penal |
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provision of this code; |
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(3) was finally convicted of a felony while holding an |
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original or renewal license; |
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(4) made a false statement or a misrepresentation in |
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his original application or a renewal application; |
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(5) with criminal negligence sold, served, or |
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delivered an alcoholic beverage to a minor; |
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(6) sold, served, or delivered an alcoholic beverage |
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to an intoxicated person; |
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(7) sold, served, or delivered an alcoholic beverage |
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at a time when its sale is prohibited; |
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(8) entered or offered to enter an agreement, |
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condition, or system which would constitute the sale or possession |
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of alcoholic beverages on consignment; |
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(9) possessed on the licensed premises, or on adjacent |
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premises directly or indirectly under his control, an alcoholic |
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beverage not authorized to be sold on the licensed premises, or |
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permitted an agent, servant, or employee to do so, except as |
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permitted by Section 22.06, 24.05, or 102.05 of this code; |
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(10) does not have at his licensed premises: |
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(A) running water, if it is available; and |
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(B) separate toilets for both sexes which are |
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properly identified, or, if the premises is a restaurant that |
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derives less than 50 percent of its gross revenue from the sale of |
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alcohol, is 2,500 square feet or less, and has an occupancy rating |
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of 50 persons or less, at least one toilet that is properly |
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identified; |
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(11) permitted a person on the licensed premises to |
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engage in conduct which is lewd, immoral, or offensive to public |
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decency; |
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(12) employed a person under 18 years of age to sell, |
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handle, or dispense beer, or to assist in doing so, in an |
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establishment where beer is sold for on-premises consumption; |
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(13) conspired with a person to violate Section |
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101.41-101.43, 101.68, 102.11-102.15, 104.04, 108.01, or |
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108.04-108.06 of this code, or a rule promulgated under Section |
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5.40 of this code, or accepted a benefit from an act prohibited by |
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any of these sections or rules; |
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(14) refused to permit or interfered with an |
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inspection of the licensed premises by an authorized representative |
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of the commission or a peace officer; |
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(15) permitted the use or display of his license in the |
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conduct of a business for the benefit of a person not authorized by |
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law to have an interest in the license; |
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(16) maintained blinds or barriers at his place of |
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business in violation of this code; |
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(17) conducted his business in a place or manner which |
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warrants the cancellation or suspension of the license based on the |
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general welfare, health, peace, morals, safety, and sense of |
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decency of the people; |
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(18) consumed an alcoholic beverage or permitted one |
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to be consumed on the licensed premises at a time when the |
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consumption of alcoholic beverages is prohibited by this code; |
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(19) purchased beer for the purpose of resale from a |
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person other than the holder of a manufacturer's or distributor's |
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license; |
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(20) acquired an alcoholic beverage for the purpose of |
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resale from another retail dealer of alcoholic beverages; |
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(21) owned an interest of any kind in the business or |
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premises of the holder of a distributor's license; |
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(22) purchased, sold, offered for sale, distributed, |
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or delivered an alcoholic beverage, or consumed an alcoholic |
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beverage or permitted one to be consumed on the licensed premises |
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while his license was under suspension; |
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(23) purchased, possessed, stored, sold, or offered |
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for sale beer in or from an original package bearing a brand or |
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trade name of a manufacturer other than the brand or trade name |
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shown on the container; |
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(24) habitually uses alcoholic beverages to excess, is |
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mentally incompetent, or is physically unable to manage his |
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establishment; |
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(25) imported beer into this state except as |
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authorized by Section 107.07 of this code; |
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(26) occupied premises in which the holder of a |
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manufacturer's or distributor's license had an interest of any |
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kind; |
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(27) knowingly permitted a person who had an interest |
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in a permit or license which was cancelled for cause to sell, |
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handle, or assist in selling or handling alcoholic beverages on the |
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licensed premises within one year after the cancellation; |
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(28) was financially interested in a place of business |
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engaged in the selling of distilled spirits or permitted a person |
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having an interest in that type of business to have a financial |
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interest in the business authorized by his license, except as |
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permitted by Section 22.06, 24.05, or 102.05 of this code; |
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(29) is residentially domiciled with or related to a |
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person engaged in selling distilled spirits, except as permitted by |
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Section 22.06, 24.05, or 102.05 of this code, so that there is a |
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community of interests which the commission or administrator finds |
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contrary to the purposes of this code; |
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(30) is residentially domiciled with or related to a |
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person whose license has been cancelled within the preceding 12 |
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months so that there is a community of interests which the |
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commission or administrator finds contrary to the purposes of this |
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code; [or] |
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(31) failed to promptly report to the commission a |
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breach of the peace occurring on the licensee's licensed premises; |
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or |
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(32) has failed to timely notify the commission of a |
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change in mailing address as required by Section 11.081 or 61.081. |
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SECTION 7. This Act takes effect September 1, 2011. |