|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
|
relating to solicitation of a person to buy drinks for consumption |
|
by an alcoholic beverage retailer or the retailer's employee; |
|
authorizing a civil penalty; amending a provision that is subject |
|
to a criminal penalty. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Section 11.64(a), Alcoholic Beverage Code, is |
|
amended to read as follows: |
|
(a) When the commission or administrator is authorized to |
|
suspend a permit or license under this code, the commission or |
|
administrator shall give the permittee or licensee the opportunity |
|
to pay a civil penalty rather than have the permit or license |
|
suspended, unless the basis for the suspension is a violation of |
|
Section 11.61(b)(14), 22.12, 28.11, 32.17(a)(2), 32.17(a)(3), |
|
61.71(a)(5), 61.71(a)(6), 61.74(a)(14), 69.13, 71.09, 101.04, |
|
101.63, 104.01(a)(4), 106.03, 106.06, or 106.15, the sale or offer |
|
for sale of an alcoholic beverage during hours prohibited by |
|
Chapter 105, consumption or the permitting of consumption of an |
|
alcoholic beverage on the person's licensed or permitted premises |
|
during hours prohibited by Chapter 105 or Section 32.17(a)(7), or |
|
an offense relating to prostitution, trafficking of persons, or |
|
gambling, in which case the commission or administrator shall |
|
determine whether the permittee or licensee may have the |
|
opportunity to pay a civil penalty rather than have the permit or |
|
license suspended. The commission shall adopt rules addressing |
|
when suspension may be imposed pursuant to this section without the |
|
opportunity to pay a civil penalty. In adopting rules under this |
|
subsection, the commission shall consider the type of license or |
|
permit held, the type of violation, any aggravating or ameliorating |
|
circumstances concerning the violation, and any past violations of |
|
this code by the permittee or licensee. In cases in which a civil |
|
penalty is assessed, the commission or administrator shall |
|
determine the amount of the penalty. The amount of the civil |
|
penalty may not be less than $150 or more than $25,000 for each day |
|
the permit or license was to have been suspended. If the licensee |
|
or permittee does not pay the penalty before the sixth day after the |
|
commission or administrator notifies him of the amount, the |
|
commission or administrator shall impose the suspension. |
|
SECTION 2. Section 104.01, Alcoholic Beverage Code, is |
|
amended to read as follows: |
|
Sec. 104.01. LEWD, IMMORAL, INDECENT CONDUCT. (a) No |
|
person authorized to sell beer at retail, nor the person's [his] |
|
agent, servant, or employee, may engage in or permit conduct on the |
|
premises of the retailer which is lewd, immoral, or offensive to |
|
public decency, including, but not limited to, any of the following |
|
acts: |
|
(1) the use of loud and vociferous or obscene, vulgar, |
|
or indecent language, or permitting its use; |
|
(2) the exposure of a person or permitting a person to |
|
expose himself or herself [his person]; |
|
(3) rudely displaying or permitting a person to rudely |
|
display a pistol or other deadly weapon in a manner calculated to |
|
disturb persons in the retail establishment; |
|
(4) solicitation of any person to buy drinks for |
|
consumption by the retailer or any of the retailer's [his] |
|
employees; |
|
(5) being intoxicated on the licensed premises; |
|
(6) permitting lewd or vulgar entertainment or acts; |
|
(7) permitting solicitations of persons for immoral or |
|
sexual purposes; |
|
(8) failing or refusing to comply with state or |
|
municipal health or sanitary laws or ordinances; or |
|
(9) possession of a narcotic or any equipment used or |
|
designed for the administering of a narcotic or permitting a person |
|
on the licensed premises to do so. |
|
(b) For purposes of Subsection (a)(4), a solicitation is |
|
presumed if an alcoholic beverage is sold or offered for sale for |
|
an amount in excess of the retailer's listed, advertised, or |
|
customary price. The presumption may be rebutted only by evidence |
|
presented under oath. |
|
SECTION 3. (a) Section 11.64(a), Alcoholic Beverage Code, |
|
as amended by this Act, applies only to the imposition of a penalty |
|
for a violation that occurs on or after the effective date of this |
|
Act. The imposition of a penalty for a violation that occurs before |
|
the effective date of this Act is governed by the law in effect |
|
immediately before the effective date of this Act, and that law is |
|
continued in effect for that purpose. |
|
(b) Section 104.01(b), Alcoholic Beverage Code, as added by |
|
this Act, applies only to the sale or offer for sale of an alcoholic |
|
beverage on or after the effective date of this Act. |
|
SECTION 4. This Act takes effect September 1, 2015. |
|
|
|
* * * * * |