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A BILL TO BE ENTITLED
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AN ACT
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relating to the on-premises consumption of certain alcoholic |
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beverages; providing a penalty and authorizing a fee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle A, Title 3, Alcoholic Beverage Code, is |
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amended by adding Chapter 56 to read as follows: |
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CHAPTER 56. ON-PREMISES CONSUMPTION ONLY PERMIT |
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Sec. 56.01. AUTHORIZED ACTIVITIES. The holder of an |
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on-premises consumption only permit may allow a person to: |
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(1) consume alcoholic beverages on the permitted |
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premises; and |
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(2) bring alcoholic beverages onto or possess |
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alcoholic beverages on the permitted premises for the purpose of |
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consumption by the person on the permitted premises. |
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Sec. 56.02. ON-PREMISES CONSUMPTION ONLY PERMIT REQUIRED. |
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(a) Except as provided by Subsection (b), a person is required to |
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obtain a permit under this chapter if the person: |
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(1) operates a commercial establishment described by |
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Section 243.002, Local Government Code, other than an establishment |
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exempt from regulation under Chapter 243, Local Government Code, |
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that: |
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(A) provides entertainment or social activities; |
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or |
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(B) requires payment, dues, or mandatory |
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purchase of any kind or amount to be admitted onto the premises; |
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(2) allows persons to possess, consume, or bring |
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alcoholic beverages onto the premises for the purpose of |
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consumption on the establishment's premises; and |
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(3) is not covered by or required to be covered by a |
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license or permit under this code authorizing the sale or service of |
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alcoholic beverages. |
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(b) A permit under this chapter is not required for: |
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(1) an establishment that operates primarily as a food |
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service establishment; |
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(2) a fraternal or veterans organization as defined by |
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Section 32.11; |
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(3) an establishment operated by a religious |
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organization, governmental entity, or charitable organization; |
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(4) a premises that is covered by a license or permit |
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under this code authorizing the sale or service of alcoholic |
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beverages; or |
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(5) other types of establishments as determined by the |
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commission where the consumption of alcohol does not pose a threat |
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to the public health or safety. |
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(c) For the purposes of this section, an establishment |
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operates primarily as a food service establishment only if: |
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(1) the establishment prepares and serves food |
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primarily for on-premises human consumption; |
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(2) the establishment has food service facilities for |
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the preparation and service of a minimum of eight entrees; and |
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(3) the establishment operates under a food service |
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establishment permit issued by a local or state health authority. |
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Sec. 56.03. CERTAIN PREMISES INELIGIBLE FOR PERMIT. An |
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on-premises consumption only permit may not be issued for a |
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premises that is covered by a license or permit under this code |
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authorizing the sale or service of alcoholic beverages. |
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Sec. 56.04. FEE. The annual state fee for an on-premises |
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consumption only permit is $3,000. |
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Sec. 56.05. PERMIT APPLICATION; NOTICE AND HEARING. (a) An |
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application for an on-premises consumption only permit must be |
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filed with the county judge of the county in which the premises is |
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located. |
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(b) The requirements for issuing a license under Chapter 61 |
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apply to the issuance of an on-premises consumption only permit, |
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including the notice and hearing requirements. |
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Sec. 56.06. DENIAL OF ORIGINAL APPLICATION OR RENEWAL. (a) |
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In this section, "applicant" means the individual natural person |
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holding or applying for the permit or, if the holder or applicant is |
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not an individual natural person, the individual partner, officer, |
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trustee, or receiver who is primarily responsible for the |
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management of the premises. |
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(b) The county judge shall deny an original application for |
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an on-premises consumption only permit if the judge finds that the |
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applicant or the applicant's spouse, during the five years |
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immediately preceding the date of application, was finally |
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convicted of a felony or one of the following offenses: |
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(1) prostitution; |
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(2) a vagrancy offense involving moral turpitude; |
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(3) bookmaking; |
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(4) gambling or gaming; |
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(5) an offense involving controlled substances as |
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defined in Chapter 481, Health and Safety Code, or other dangerous |
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drugs; |
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(6) a violation of this code resulting in the |
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cancellation of a license or permit or a fine of not less than $500; |
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(7) more than three violations of this code relating |
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to minors; |
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(8) bootlegging; or |
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(9) an offense involving firearms or a deadly weapon. |
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(c) The county judge shall also deny an original application |
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for a permit if the judge finds that five years have not elapsed |
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since the termination of a sentence, parole, or probation served by |
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the applicant or the applicant's spouse because of a felony |
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conviction or conviction of any of the offenses described in |
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Subsection (b). |
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(d) The commission shall refuse to issue a renewal of an |
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on-premises consumption only permit if it finds: |
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(1) that the applicant or the applicant's spouse has |
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been convicted of a felony or one of the offenses listed in |
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Subsection (b) at any time during the five years immediately |
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preceding the date of filing of the application for renewal; or |
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(2) that five years have not elapsed since the |
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termination of a sentence, parole, or probation served by the |
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applicant or the applicant's spouse of a felony conviction or |
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conviction of any of the offenses described in Subsection (b). |
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Sec. 56.07. BREACH OF PEACE. The commission or |
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administrator may suspend or cancel an on-premises consumption only |
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permit after giving the permittee notice and the opportunity to |
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show compliance with all requirements of law for retention of the |
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permit if the commission or administrator finds that a breach of the |
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peace has occurred on the permitted premises or on premises under |
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the permittee's control and that the breach of the peace was not |
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beyond the control of the permittee and resulted from the |
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permittee's improper supervision of persons permitted to be on the |
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permitted premises or the premises under the permittee's control. |
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Sec. 56.08. CONSUMPTION BY MINOR OR INTOXICATED PERSON. |
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The commission or administrator may suspend or cancel an |
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on-premises consumption only permit after giving the permittee |
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notice and the opportunity to show compliance with all requirements |
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of law for retention of the permit if the commission or |
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administrator finds that the permittee permitted a minor or an |
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intoxicated person to consume alcohol on the permitted premises or |
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on premises under the permittee's control. |
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Sec. 56.09. CONSUMPTION NEAR CHURCH, SCHOOL, OR HOSPITAL. |
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A municipality or a county may enact regulations prohibiting the |
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consumption of alcoholic beverages on the premises of a commercial |
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establishment described by Section 56.02 near a church, public or |
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private school, or public hospital in the same manner as the |
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municipality or county may prohibit the sale of alcoholic beverages |
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near a church, public or private school, or public hospital under |
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Section 109.33. |
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Sec. 56.10. PUBLIC PLACE. (a) A commercial establishment |
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that is required to hold a permit under this chapter is a public |
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place. |
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(b) A premises, other than a private residence, where a |
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person is allowed to consume alcoholic beverages or to bring |
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alcoholic beverages or possess alcoholic beverages for the purpose |
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of consumption by the person is a public place. |
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Sec. 56.11. PENALTY. (a) A person who operates a |
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commercial establishment or that person's agent commits an offense |
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if: |
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(1) the person or that person's agent allows a person |
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to: |
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(A) consume alcoholic beverages on the |
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establishment's premises; or |
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(B) bring alcoholic beverages onto or possess |
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alcoholic beverages on the establishment's premises for the purpose |
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of consumption on the establishment's premises; |
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(2) the establishment is required to be covered by an |
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on-premises consumption only permit under this chapter; and |
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(3) the establishment is not covered by an on-premises |
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consumption only permit under this chapter. |
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(b) An offense under this section is a Class C misdemeanor, |
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except that the offense is a: |
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(1) Class B misdemeanor if it is shown on the trial of |
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the offense that the person has previously been convicted of an |
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offense under this section one time; or |
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(2) Class A misdemeanor if it is shown on the trial of |
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the offense that the person has previously been convicted of an |
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offense under this section two or more times. |
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SECTION 2. On or before November 1, 2013, the Texas |
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Alcoholic Beverage Commission shall adopt all rules necessary to |
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implement Chapter 56, Alcoholic Beverage Code, as added by this |
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Act. |
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SECTION 3. (a) Except as provided by Subsection (b) of this |
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section, this Act takes effect September 1, 2013. |
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(b) Section 56.11, Alcoholic Beverage Code, as added by this |
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Act, takes effect January 1, 2014. |