| 1 | 1 | | By: Harris S.B. No. 2482 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to local regulation of distance requirements for |
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| 7 | 7 | | businesses selling alcoholic beverages near certain |
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| 8 | 8 | | establishments. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter C, Chapter 109, Alcoholic Beverage |
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| 11 | 11 | | Code, is amended by adding Section 109.332 to read as follows: |
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| 12 | 12 | | Section 109.332. MEASUREMENT OF DISTANCE. For purposes of |
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| 13 | 13 | | any distance requirement imposed by this code, distance shall be |
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| 14 | 14 | | measured: |
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| 15 | 15 | | (1) from the property line of the place of business |
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| 16 | 16 | | where alcoholic beverages are sold to the nearest property line of |
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| 17 | 17 | | the property in relation to which a distance requirement is imposed |
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| 18 | 18 | | along the property lines of the street fronts and in a direct line |
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| 19 | 19 | | across intersections; or |
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| 20 | 20 | | (2) if the permit or license holder is located on or |
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| 21 | 21 | | above the fifth story of a multistory building, from the property |
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| 22 | 22 | | line of the property in relation to which a distance requirement is |
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| 23 | 23 | | imposed to the nearest property line of the place of business where |
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| 24 | 24 | | alcoholic beverages are sold along the property lines of the street |
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| 25 | 25 | | fronts, in a direct line across intersections, and vertically up |
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| 26 | 26 | | the building at the property line to the base of the floor on which |
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| 27 | 27 | | the permit or license holder is located. |
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| 28 | 28 | | SECTION 2. Section 109.59(b), Alcoholic Beverage Code, is |
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| 29 | 29 | | amended to read as follows: |
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| 30 | 30 | | (b) On the sale or transfer of the premises or the business |
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| 31 | 31 | | on the premises in which a new original license or permit is |
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| 32 | 32 | | required for the premises, the premises shall be deemed to satisfy |
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| 33 | 33 | | any distance requirements as if the issuance of the new original |
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| 34 | 34 | | permit or license were a renewal of a previously held permit or |
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| 35 | 35 | | license if the new permit or license is of the same type as the |
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| 36 | 36 | | previously held permit or license. |
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| 37 | 37 | | SECTION 3. Sections 109.33(b) and (d), Alcoholic Beverage |
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| 38 | 38 | | Code, are repealed. |
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| 39 | 39 | | SECTION 4. This Act takes effect immediately if it receives |
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| 40 | 40 | | a vote of two-thirds of all the members elected to each house, as |
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| 41 | 41 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 42 | 42 | | Act does not receive the vote necessary for immediate effect, this |
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| 43 | 43 | | Act takes effect September 1, 2009. |
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