84R164 MCK-F
 
  By: Menéndez S.B. No. 1320
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the consumption of alcoholic beverages on certain
  premises; providing a penalty and authorizing a fee.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         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.
         SECTION 2.  Section 11.042(a), Alcoholic Beverage Code, is
  amended to read as follows:
         (a)  The commission by rule shall require the holder of a
  permit authorizing the sale or possession of alcoholic beverages
  for on-premises consumption to display a warning sign on the door to
  each restroom on the permitted premises that informs the public of
  the risks of drinking alcohol during pregnancy.
         SECTION 3.  Section 104.07(a), Alcoholic Beverage Code, is
  amended to read as follows:
         (a)  The holder of a permit or license under Chapter 25, 26,
  28, 32, 56, 69, or 71, other than the holder of a food and beverage
  certificate, shall display a sign containing the following notice
  in English and in Spanish:
         WARNING:  Obtaining forced labor or services is a crime under
  Texas law.  Call the national human trafficking
  hotline:  1-888-373-7888.  You may remain anonymous.
         SECTION 4.  Section 411.204, Government Code, is amended by
  adding Subsection (a-1) to read as follows:
         (a-1)  A business that has a permit issued under Chapter 56,
  Alcoholic Beverage Code, shall prominently display at each entrance
  to the business a sign that complies with the requirements of
  Subsection (c) other than the requirement that the sign include on
  its face the number "51".
         SECTION 5.  Section 46.02(c), Penal Code, is amended to read
  as follows:
         (c)  An offense under this section is a felony of the third
  degree if the offense is committed on any premises licensed or
  issued a permit by this state for the sale or public consumption of
  alcoholic beverages.
         SECTION 6.  Section 46.035(b), Penal Code, is amended to
  read as follows:
         (b)  A license holder commits an offense if the license
  holder intentionally, knowingly, or recklessly carries a handgun
  under the authority of Subchapter H, Chapter 411, Government Code,
  regardless of whether the handgun is concealed, on or about the
  license holder's person:
               (1)  on the premises of a business that has:
                     (A)  a permit or license issued under Chapter 25,
  28, 32, 69, or 74, Alcoholic Beverage Code, if the business derives
  51 percent or more of its income from the sale or service of
  alcoholic beverages for on-premises consumption, as determined by
  the Texas Alcoholic Beverage Commission under Section 104.06,
  Alcoholic Beverage Code; or
                     (B)  a permit issued under Chapter 56, Alcoholic
  Beverage Code;
               (2)  on the premises where a high school, collegiate,
  or professional sporting event or interscholastic event is taking
  place, unless the license holder is a participant in the event and a
  handgun is used in the event;
               (3)  on the premises of a correctional facility;
               (4)  on the premises of a hospital licensed under
  Chapter 241, Health and Safety Code, or on the premises of a nursing
  home licensed under Chapter 242, Health and Safety Code, unless the
  license holder has written authorization of the hospital or nursing
  home administration, as appropriate;
               (5)  in an amusement park; or
               (6)  on the premises of a church, synagogue, or other
  established place of religious worship.
         SECTION 7.  On or before November 1, 2015, the Texas
  Alcoholic Beverage Commission shall adopt all rules necessary to
  implement Chapter 56, Alcoholic Beverage Code, as added by this
  Act.
         SECTION 8.  (a) Except as provided by Subsection (b) of this
  section, this Act takes effect September 1, 2015.
         (b)  Section 56.12, Alcoholic Beverage Code, as added by this
  Act, takes effect January 1, 2016.