82R9945 MCK-F
By: Thompson H.B. No. 2712
A BILL TO BE ENTITLED
AN ACT
relating to providing notice of a change in certain contact
information of an alcoholic beverage license or permit holder.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 11, Alcoholic Beverage
Code, is amended by adding Section 11.081 to read as follows:
Sec. 11.081. CHANGE OF MAILING ADDRESS. Not later than the
10th day after the date the holder of a permit issued under this
subtitle changes the mailing address for contacting the permit
holder, the permit holder shall notify the commission on a form
prescribed by the commission of the new mailing address.
SECTION 2. Section 11.46(a), Alcoholic Beverage Code, is
amended to read as follows:
(a) The commission or administrator may refuse to issue an
original or renewal permit with or without a hearing if it has
reasonable grounds to believe and finds that any of the following
circumstances exists:
(1) the applicant has been convicted in a court of
competent jurisdiction of the violation of any provision of this
code during the two years immediately preceding the filing of his
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
his application the applicant violated or caused to be violated a
provision of this code or a rule or regulation of the commission
which 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 penalty imposed by this code or by rule
of the commission;
(6) the applicant is not of good moral character or his
reputation for being a peaceable, law-abiding citizen in the
community where he resides is bad;
(7) the applicant is a minor;
(8) the place or manner in which the applicant may
conduct his 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 will sell liquor unlawfully in a
dry area or in a manner contrary to law or will knowingly permit an
agent, servant, or employee to do so;
(11) the applicant is not a United States citizen or
has not been a citizen of Texas for a period of one year immediately
preceding the filing of his application, unless he was issued a
permit or renewal permit on or before September 1, 1948, and has at
some time been a United States citizen;
(12) 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;
(13) the applicant is residentially domiciled with a
person whose permit or license has been cancelled for cause within
the 12 months immediately preceding the date of his present
application;
(14) the applicant has failed or refused to furnish a
true copy of his application to the commission's district office in
the district in which the premises for which the permit is sought
are located; [or]
(15) 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; or
(16) the applicant has failed to timely notify the
commission of a change in mailing address as required by Section
11.081 or 61.081.
SECTION 3. Section 11.61(b), Alcoholic Beverage Code, is
amended to read as follows:
(b) The commission or administrator may suspend for not more
than 60 days or cancel an original or renewal 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 or misleading statement
in connection with his original or renewal application, either in
the formal application itself or in any other written instrument
relating to the application submitted to the commission, its
officers, or employees;
(5) the permittee is indebted to the state for taxes,
fees, or payment of penalties imposed by this code, by a rule of the
commission, or by Chapter 183, Tax Code;
(6) the permittee is not of good moral character or his
reputation for being a peaceable and law-abiding citizen in the
community where he resides is bad;
(7) the place or manner in which the permittee
conducts his 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 is not maintaining an acceptable
bond;
(9) the permittee maintains a noisy, lewd, disorderly,
or unsanitary establishment or has supplied impure or otherwise
deleterious beverages;
(10) the permittee is insolvent or mentally or
physically unable to carry on the management of his establishment;
(11) the permittee is in the habit of using alcoholic
beverages to excess;
(12) the permittee knowingly misrepresented to a
customer or the public any liquor sold by him;
(13) the permittee was intoxicated on the licensed
premises;
(14) the permittee sold or delivered an alcoholic
beverage to an intoxicated person;
(15) the permittee possessed on the licensed premises
an alcoholic beverage that he was not authorized by his permit to
purchase and sell;
(16) a package store or wine only package store
permittee transported or shipped liquor, or caused it to be
transported or shipped, into a dry state or a dry area within this
state;
(17) the permittee is residentially domiciled with a
person who has a financial interest in an establishment engaged in
the business of selling beer at retail, other than a mixed beverage
establishment, except as authorized by Section 22.06, 24.05, or
102.05 of this code;
(18) the permittee is residentially domiciled with a
person whose permit or license was cancelled for cause within the
12-month period preceding his own application;
(19) the permittee is not a citizen of the United
States or has not been a citizen of Texas for a period of one year
immediately preceding the filing of his application, unless he was
issued an original or renewal permit on or before September 1, 1948,
and has been a United States citizen at some time;
(20) the permittee permitted a person to open a
container of alcoholic beverage or possess an open container of
alcoholic beverage on the licensed premises unless a mixed beverage
permit has been issued for the premises;
(21) the permittee failed to promptly report to the
commission a breach of the peace occurring on the permittee's
licensed premises;
(22) the permittee consumed an alcoholic beverage or
permitted one to be consumed on the licensed premises at a time when
the consumption of alcoholic beverages is prohibited by this code;
[or]
(23) the permittee sold, served, or delivered an
alcoholic beverage at a time when its sale is prohibited; or
(24) the permittee has failed to timely notify the
commission of a change in mailing address as required by Section
11.081 or 61.081.
SECTION 4. Subchapter A, Chapter 61, Alcoholic Beverage
Code, is amended by adding Section 61.081 to read as follows:
Sec. 61.081. CHANGE OF MAILING ADDRESS. Not later than the
10th day after the date the holder of a license issued under this
subtitle changes the mailing address for contacting the license
holder, the license holder shall notify the commission on a form
prescribed by the commission of the new mailing address.
SECTION 5. Section 61.43(a), Alcoholic Beverage Code, is
amended to read as follows:
(a) The county judge may refuse to approve an application
for a license as a distributor or retailer if the county judge has
reasonable grounds to believe and finds that:
(1) the applicant has been finally convicted in a
court of competent jurisdiction for the violation of a provision of
this code during the two years immediately preceding the filing of
an application;
(2) five years has not elapsed since the termination,
by pardon or otherwise, of a sentence imposed for conviction of a
felony;
(3) the applicant has violated or caused to be
violated a provision of this code or a rule or regulation of the
commission, for which a suspension was not imposed, during the
12-month period immediately preceding the filing of an application;
(4) the applicant failed to answer or falsely or
incorrectly answered a question in an original or renewal
application;
(5) the applicant for a retail dealer's license does
not have an adequate building available at the address for which the
license is sought before conducting any activity authorized by the
license;
(6) the applicant or a person with whom the applicant
is residentially domiciled had an interest in a license or permit
which was cancelled or revoked within the 12-month period
immediately preceding the filing of an application;
(7) the applicant failed or refused to furnish a true
copy of the application to the commission's district office in the
district in which the premises sought to be licensed are located;
(8) the premises on which beer is to be sold for
on-premises consumption does not have:
(A) running water, if it is available; or
(B) separate free toilets for males and females,
properly identified, on the premises for which the license is
sought or, if the premises is a restaurant that derives less than 50
percent of its gross revenue from the sale of alcohol, is 2,500
square feet or less, and has an occupancy rating of 50 persons or
less, at least one toilet, properly identified, on the premises for
which the license is sought;
(9) the applicant for a retail dealer's license will
conduct business in a manner contrary to law or in a place or manner
conducive to a violation of the law; [or]
(10) the place, building, or premises for which the
license is sought was used for selling alcoholic beverages in
violation of the law at any time during the six months immediately
preceding the filing of the application or was used, operated, or
frequented during that time for a purpose or in a manner which was
lewd, immoral, offensive to public decency, or contrary to this
code; or
(11) the applicant has failed to timely notify the
commission of a change in mailing address as required by Section
11.081 or 61.081.
SECTION 6. Section 61.71(a), Alcoholic Beverage Code, is
amended to read as follows:
(a) The commission or administrator may suspend for not more
than 60 days or cancel an original or renewal retail dealer's on- or
off-premise license if it is found, after notice and hearing, that
the licensee:
(1) violated a provision of this code or a rule of the
commission during the existence of the license sought to be
cancelled or suspended or during the immediately preceding license
period;
(2) was finally convicted for violating a penal
provision of this code;
(3) was finally convicted of a felony while holding an
original or renewal license;
(4) made a false statement or a misrepresentation in
his original application or a renewal application;
(5) with criminal negligence sold, served, or
delivered an alcoholic beverage to a minor;
(6) sold, served, or delivered an alcoholic beverage
to an intoxicated person;
(7) sold, served, or delivered an alcoholic beverage
at a time when its sale is prohibited;
(8) entered or offered to enter an agreement,
condition, or system which would constitute the sale or possession
of alcoholic beverages on consignment;
(9) possessed on the licensed premises, or on adjacent
premises directly or indirectly under his control, an alcoholic
beverage not authorized to be sold on the licensed premises, or
permitted an agent, servant, or employee to do so, except as
permitted by Section 22.06, 24.05, or 102.05 of this code;
(10) does not have at his licensed premises:
(A) running water, if it is available; and
(B) separate toilets for both sexes which are
properly identified, or, if the premises is a restaurant that
derives less than 50 percent of its gross revenue from the sale of
alcohol, is 2,500 square feet or less, and has an occupancy rating
of 50 persons or less, at least one toilet that is properly
identified;
(11) permitted a person on the licensed premises to
engage in conduct which is lewd, immoral, or offensive to public
decency;
(12) employed a person under 18 years of age to sell,
handle, or dispense beer, or to assist in doing so, in an
establishment where beer is sold for on-premises consumption;
(13) conspired with a person to violate Section
101.41-101.43, 101.68, 102.11-102.15, 104.04, 108.01, or
108.04-108.06 of this code, or a rule promulgated under Section
5.40 of this code, or accepted a benefit from an act prohibited by
any of these sections or rules;
(14) refused to permit or interfered with an
inspection of the licensed premises by an authorized representative
of the commission or a peace officer;
(15) permitted the use or display of his license in the
conduct of a business for the benefit of a person not authorized by
law to have an interest in the license;
(16) maintained blinds or barriers at his place of
business in violation of this code;
(17) conducted his business in a place or manner which
warrants the cancellation or suspension of the license based on the
general welfare, health, peace, morals, safety, and sense of
decency of the people;
(18) consumed an alcoholic beverage or permitted one
to be consumed on the licensed premises at a time when the
consumption of alcoholic beverages is prohibited by this code;
(19) purchased beer for the purpose of resale from a
person other than the holder of a manufacturer's or distributor's
license;
(20) acquired an alcoholic beverage for the purpose of
resale from another retail dealer of alcoholic beverages;
(21) owned an interest of any kind in the business or
premises of the holder of a distributor's license;
(22) purchased, sold, offered for sale, distributed,
or delivered an alcoholic beverage, or consumed an alcoholic
beverage or permitted one to be consumed on the licensed premises
while his license was under suspension;
(23) purchased, possessed, stored, sold, or offered
for sale beer in or from an original package bearing a brand or
trade name of a manufacturer other than the brand or trade name
shown on the container;
(24) habitually uses alcoholic beverages to excess, is
mentally incompetent, or is physically unable to manage his
establishment;
(25) imported beer into this state except as
authorized by Section 107.07 of this code;
(26) occupied premises in which the holder of a
manufacturer's or distributor's license had an interest of any
kind;
(27) knowingly permitted a person who had an interest
in a permit or license which was cancelled for cause to sell,
handle, or assist in selling or handling alcoholic beverages on the
licensed premises within one year after the cancellation;
(28) was financially interested in a place of business
engaged in the selling of distilled spirits or permitted a person
having an interest in that type of business to have a financial
interest in the business authorized by his license, except as
permitted by Section 22.06, 24.05, or 102.05 of this code;
(29) is residentially domiciled with or related to a
person engaged in selling distilled spirits, except as permitted by
Section 22.06, 24.05, or 102.05 of this code, so that there is a
community of interests which the commission or administrator finds
contrary to the purposes of this code;
(30) is residentially domiciled with or related to a
person whose license has been cancelled within the preceding 12
months so that there is a community of interests which the
commission or administrator finds contrary to the purposes of this
code; [or]
(31) failed to promptly report to the commission a
breach of the peace occurring on the licensee's licensed premises;
or
(32) has failed to timely notify the commission of a
change in mailing address as required by Section 11.081 or 61.081.
SECTION 7. This Act takes effect September 1, 2011.