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SECTION 1. Subtitle A, Title
3, Alcoholic Beverage Code, is amended by adding Chapter 56 to read as
follows:
CHAPTER 56. ON-PREMISES CONSUMPTION ONLY PERMIT
Sec. 56.01. AUTHORIZED
ACTIVITIES. The holder of an on-premises
consumption only permit may allow a person to:
(1) consume alcoholic
beverages on the permitted premises; and
(2) bring alcoholic
beverages onto or possess alcoholic beverages on the permitted premises for
the purpose of consumption by the person on the permitted premises.
Sec. 56.02. ON-PREMISES CONSUMPTION ONLY PERMIT
REQUIRED. A person is required to obtain a permit under this chapter if
the person:
(1) operates a commercial
establishment described by Section 243.002, Local Government Code, other
than an establishment exempt from regulation under Chapter 243, Local
Government Code;
(2) allows persons to:
(A) consume alcoholic
beverages on the establishment's premises; or
(B) bring alcoholic
beverages onto or possess alcoholic beverages on the establishment's
premises for the purpose of consumption on the establishment's premises;
and
(3) is not covered by or
required to be covered by a license or permit under this code authorizing
the sale or service of alcoholic beverages.
Sec. 56.03. FEE. The
annual state fee for an on-premises consumption
only permit is $3,000.
No
equivalent provision.
No
equivalent provision.
No
equivalent provision.
No
equivalent provision.
No
equivalent provision.
No
equivalent provision.
Sec. 56.04. PUBLIC PLACE.
A commercial establishment that is required to hold a permit under this
chapter is a public place.
Sec. 56.05. PENALTY.
(a) A person who operates a commercial establishment or that person's
agent commits an offense if:
(1) the person or that
person's agent allows a person to:
(A) consume alcoholic
beverages on the establishment's premises; or
(B) bring alcoholic
beverages onto or possess alcoholic beverages on the establishment's
premises for the purpose of consumption on the establishment's premises;
(2) the establishment is
required to be covered by an on-premises
consumption only permit under this chapter; and
(3) the establishment is
not covered by an on-premises consumption
only permit under this chapter.
(b) An offense under this
section is a Class C misdemeanor, except that
the offense is a:
(1) Class B misdemeanor if it is shown on the trial of the offense
that the person has previously been convicted of an offense under this
section one time; or
(2) Class A misdemeanor if it is shown on the trial of the offense
that the person has previously been convicted of an offense under this
section two or more times.
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SECTION 1. Subtitle A, Title
3, Alcoholic Beverage Code, is amended by adding Chapter 56 to read as
follows:
CHAPTER 56. PUBLIC CONSUMPTION PERMIT
Sec. 56.01. AUTHORIZED
ACTIVITIES. The holder of a public
consumption permit may allow a person to:
(1) consume alcoholic
beverages on the permitted premises; and
(2) bring alcoholic
beverages onto or possess alcoholic beverages on the permitted premises for
the purpose of consumption by the person on the permitted premises.
Sec. 56.02. PUBLIC CONSUMPTION PERMIT REQUIRED. A
person is required to obtain a permit under this chapter if the person:
(1) operates a commercial
establishment:
(A) described by Section
243.002, Local Government Code, other than an establishment exempt from
regulation under Chapter 243, Local Government Code; or
(B) that requires payment, dues, or a mandatory purchase of any kind
or amount to be admitted on the premises;
(2) allows persons to:
(A) consume alcoholic
beverages on the establishment's premises; or
(B) bring alcoholic
beverages onto or possess alcoholic beverages on the establishment's
premises for the purpose of consumption on the establishment's premises;
(3) is not covered by or
required to be covered by a license or permit under this code authorizing
the sale or service of alcoholic beverages; and
(4) operates during hours when the public consumption of alcoholic
beverages is prohibited under Section 105.06.
Sec. 56.03. FEE. The
annual state fee for a public consumption
permit is $3,000.
Sec. 56.04. ISSUANCE OF
PERMIT. A public consumption permit is issued by the commission or
administrator. The qualifications of an applicant and the application for
and issuance of the permit are governed by the same provisions that apply to
the application for and issuance of a mixed beverage permit.
Sec. 56.05. REFUSAL OF
PERMIT. (a) In this section, "applicant" includes each member
of a partnership or association and, with respect to a corporation, each
officer and the owner or owners of a majority of the corporate stock.
(b) The commission or
administrator may refuse to issue an original or renewal public consumption
permit with or without a hearing if the commission or administrator has
reasonable grounds to believe and finds that any of the following
circumstances exists:
(1) the applicant has
been convicted of the violation of any provision of this code during the
two years immediately preceding the filing of the 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 filing of the application the applicant
violated or caused to be violated a provision of this code or a rule or
regulation of the commission that 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 incorrectly answered a question in an original or
renewal application;
(5) the applicant is
indebted to the state for any taxes, fees, or payment of a penalty imposed
by this code or by a rule of the commission;
(6) the applicant is not
of good moral character or the applicant's reputation for being a
peaceable, law-abiding citizen in the community where the applicant resides
is bad;
(7) the applicant is a
minor;
(8) the place or manner
in which the applicant may conduct the applicant's 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 is not
a United States citizen;
(11) 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;
(12) the applicant is
residentially domiciled with a person whose permit or license has been
canceled for cause within the 12 months immediately preceding the date of
the applicant's present application;
(13) the applicant has
failed or refused to furnish a true copy of the applicant's application to
the commission's district office in the district in which the premises for
which the permit is sought are located;
(14) 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;
(15) the applicant does
not hold a sales tax permit, if required, for the place of business for
which the public consumption permit is sought; or
(16) the applicant has
had a license or permit 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, prostitution, or trafficking of persons.
Sec. 56.06. CANCELLATION
AND SUSPENSION OF PERMIT. (a) In this section, "permittee"
includes each member of a partnership or association and, with respect to a
corporation, each officer and the owner or owners of a majority of the
corporate stock.
(b) The commission or
administrator may suspend for not more than 60 days or cancel an original
or renewal public consumption permit if it is found, after notice and
hearing, that any of the following is true:
(1) the permittee has
been finally convicted of a violation of this code;
(2) the permittee
violated a provision of this code or a rule of the commission;
(3) the permittee was
finally convicted of a felony while holding an original or renewal permit;
(4) the permittee made a
false and misleading statement in connection with the permittee's original
or renewal application, either in the formal application itself or in any
other written instrument relating to the application submitted to the
commission or its officers or employees;
(5) the permittee does
not hold a sales tax permit, if required, for the place of business covered
by the permit;
(6) the permittee is not
of good moral character or the permittee's reputation for being a
peaceable, law-abiding citizen in the community where the permittee resides
is bad;
(7) the place or manner
in which the permittee conducts the permittee's business warrants the
cancellation or suspension of the permit based on the general welfare,
health, peace, morals, and safety of the people and on the public sense of
decency;
(8) the permittee
maintains a noisy, lewd, disorderly, or unsanitary establishment;
(9) the permittee is
insolvent or mentally or physically unable to carry on the management of
the permittee's establishment;
(10) the permittee is in
the habit of using alcoholic beverages to excess;
(11) the permittee was
intoxicated on the licensed premises;
(12) the permittee
allowed an intoxicated person to remain on the premises;
(13) the permittee is
residentially domiciled with a person whose permit or license was canceled
for cause within the 12-month period preceding the permittee's own
application;
(14) the permittee is not
a United States citizen;
(15) the permittee failed
to promptly report to the commission a breach of the peace occurring on the
premises; or
(16) the permittee
consumed an alcoholic beverage or permitted one to be consumed on the
premises at a time when the consumption of alcoholic beverages is
prohibited by this code.
Sec. 56.07. PERFORMANCE
BOND. Notwithstanding Section 204.01 or any other provision of this code,
a person applying for a permit under this chapter must file with the
commission a surety bond, in an amount to be determined by the commission,
conditioned on the permittee's conformance with the alcoholic beverage
law. The bond is forfeited to the commission on the suspension of the
permit for the first time under this chapter. Before the suspended permit
may be reinstated, the permittee must furnish a second surety bond,
similarly conditioned, in an amount greater than the initial surety bond,
the amount to be determined by the commission. If the same permit is
suspended under this chapter a second time, the bond is again forfeited to
the commission. Before the suspended permit may be reinstated, the
permittee shall furnish a third surety bond, similarly conditioned, in an
amount greater than the second surety bond, the amount to be determined by
the commission. If the same permit is suspended under this chapter a third
time, the bond is again forfeited to the commission and the permit shall be
canceled by the commission.
Sec. 56.08. SUMMARY
SUSPENSION. The commission or administrator without a hearing may for
investigative purposes summarily suspend a permit issued under this chapter
for not more than seven days if the commission or administrator finds that
a shooting, stabbing, or murder has occurred on the premises that is likely
to result in a subsequent act of violence. Notice of the order suspending
the permit shall be given to the permittee personally within 24 hours of
the time the violent act occurs. If the permittee cannot be located, notice
shall be provided by posting a copy of the order on the front door of the
permitted premises.
Sec. 56.09. WARNING
SIGN. The holder of a permit issued under this chapter shall comply with
the requirements of Section 411.204, Government Code.
Sec. 56.10. COMMON
NUISANCE. Notwithstanding Section 81.002, Chapter 81 applies to a permit
issued under this chapter.
Sec. 56.11. PUBLIC
PLACE. A commercial establishment that is required to hold a permit under
this chapter is a public place.
Sec. 56.12. PENALTY.
(a) A person who operates a commercial establishment or that person's
agent commits an offense if:
(1) the person or that
person's agent allows a person to:
(A) consume alcoholic
beverages on the establishment's premises; or
(B) bring alcoholic
beverages onto or possess alcoholic beverages on the establishment's
premises for the purpose of consumption on the establishment's premises;
(2) the establishment is
required to be covered by a public
consumption permit under this chapter; and
(3) the establishment is
not covered by a public consumption permit
under this chapter.
(b) An offense under this
section is a Class A misdemeanor.
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