By: Jackson, Harper-Brown, Kent, Anchia, H.B. No. 206
Davis of Harris, et al.
A BILL TO BE ENTITLED
AN ACT
relating to the on-premises consumption of certain alcoholic
beverages; providing a penalty.
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. 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) Except as provided by Subsections (b) and (c), a person is
required to obtain a permit under this chapter if the person:
(1) operates a commercial establishment that:
(A) provides entertainment or social activities;
or
(B) requires payment, dues, or mandatory
purchase of any kind or amount to be admitted onto the premises; and
(2) allows persons to possess, consume, or bring
alcoholic beverages onto the premises for the purpose of
consumption.
(b) An establishment that prepares and serves food
primarily for on-premises human consumption and operates under a
food service establishment permit issued by a local or state health
authority is not required to obtain a permit under this chapter.
(c) A fraternal or veterans organization as defined by
Section 32.11 is not required to obtain a permit under this chapter.
Sec. 56.03. CERTAIN PREMISES INELIGIBLE FOR PERMIT. An
on-premises consumption only permit may not be issued for a
premises that is covered by a license or permit under this code
authorizing the sale or service of alcoholic beverages.
Sec. 56.04. FEE. The annual state fee for an on-premises
consumption only permit is $1,000.
Sec. 56.05. PERMIT APPLICATION; NOTICE AND HEARING. (a) An
application for an on-premises consumption only permit must be
filed with the county judge of the county in which the premises is
located.
(b) The requirements for issuing a license under Chapter 61
apply to the issuance of an on-premises consumption only permit,
including the notice and hearing requirements.
Sec. 56.06. DENIAL OF ORIGINAL APPLICATION OR RENEWAL. (a)
In this section, "applicant" means the individual natural person
holding or applying for the permit or, if the holder or applicant is
not an individual natural person, the individual partner, officer,
trustee, or receiver who is primarily responsible for the
management of the premises.
(b) The county judge shall deny an original application for
an on-premises consumption only permit if the judge finds that the
applicant or the applicant's spouse, during the five years
immediately preceding the date of application, was finally
convicted of a felony or one of the following offenses:
(1) prostitution;
(2) a vagrancy offense involving moral turpitude;
(3) bookmaking;
(4) gambling or gaming;
(5) an offense involving controlled substances as
defined in Chapter 481, Health and Safety Code, or other dangerous
drugs;
(6) a violation of this code resulting in the
cancellation of a license or permit or a fine of not less than $500;
(7) more than three violations of this code relating
to minors;
(8) bootlegging; or
(9) an offense involving firearms or a deadly weapon.
(c) The county judge shall also deny an original application
for a permit if the judge finds that five years have not elapsed
since the termination of a sentence, parole, or probation served by
the applicant or the applicant's spouse because of a felony
conviction or conviction of any of the offenses described in
Subsection (b).
(d) The commission shall refuse to issue a renewal of an
on-premises consumption only permit if it finds:
(1) that the applicant or the applicant's spouse has
been convicted of a felony or one of the offenses listed in
Subsection (b) at any time during the five years immediately
preceding the date of filing of the application for renewal; or
(2) that five years have not elapsed since the
termination of a sentence, parole, or probation served by the
applicant or the applicant's spouse of a felony conviction or
conviction of any of the offenses described in Subsection (b).
Sec. 56.07. CONSUMPTION NEAR CHURCH, SCHOOL, OR HOSPITAL.
A municipality or a county may enact regulations prohibiting the
consumption of alcoholic beverages on the premises of a commercial
establishment described by Section 56.02 near a church, public or
private school, or public hospital in the same manner as the
municipality or county may prohibit the sale of alcoholic beverages
near a church, public or private school, or public hospital under
Section 109.33.
Sec. 56.08. PUBLIC PLACE. A premises, other than a private
residence, where a person is allowed to consume alcoholic beverages
or to bring alcoholic beverages or possess alcoholic beverages for
the purpose of consumption by the person is a public place.
SECTION 2. Subchapter D, Chapter 101, Alcoholic Beverage
Code, is amended by adding Section 101.76 to read as follows:
Sec. 101.76. ON-PREMISES CONSUMPTION ONLY PERMIT REQUIRED.
(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 Chapter 56; and
(3) the establishment is not covered by an on-premises
consumption only permit under Chapter 56.
(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.
SECTION 3. On or before November 1, 2009, the Texas
Alcoholic Beverage Commission shall adopt all rules necessary to
implement Chapter 56, Alcoholic Beverage Code, as added by this
Act.
SECTION 4. (a) Except as provided by Subsection (b) of
this section, this Act takes effect September 1, 2009.
(b) Section 101.76, Alcoholic Beverage Code, as added by
this Act, takes effect January 1, 2010.