By: Harris S.B. No. 2482
A BILL TO BE ENTITLED
AN ACT
relating to local regulation of distance requirements for
businesses selling alcoholic beverages near certain
establishments.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 109, Alcoholic Beverage
Code, is amended by adding Section 109.332 to read as follows:
Section 109.332. MEASUREMENT OF DISTANCE. For purposes of
any distance requirement imposed by this code, distance shall be
measured:
(1) from the property line of the place of business
where alcoholic beverages are sold to the nearest property line of
the property in relation to which a distance requirement is imposed
along the property lines of the street fronts and in a direct line
across intersections; or
(2) if the permit or license holder is located on or
above the fifth story of a multistory building, from the property
line of the property in relation to which a distance requirement is
imposed to the nearest property line of the place of business where
alcoholic beverages are sold along the property lines of the street
fronts, in a direct line across intersections, and vertically up
the building at the property line to the base of the floor on which
the permit or license holder is located.
SECTION 2. Section 109.59(b), Alcoholic Beverage Code, is
amended to read as follows:
(b) On the sale or transfer of the premises or the business
on the premises in which a new original license or permit is
required for the premises, the premises shall be deemed to satisfy
any distance requirements as if the issuance of the new original
permit or license were a renewal of a previously held permit or
license if the new permit or license is of the same type as the
previously held permit or license.
SECTION 3. Sections 109.33(b) and (d), Alcoholic Beverage
Code, are repealed.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.