Texas 2013 - 83rd Regular

Texas House Bill HB34 Compare Versions

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1	1	83R7936 MCK-F
2	2	By: Menendez, Anchia, Geren H.B. No. 34
3	3	Substitute the following for H.B. No. 34:
4	4	By: Smith C.S.H.B. No. 34
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the consumption of alcoholic beverages on certain
10	10	premises; providing a penalty and authorizing a fee.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subtitle A, Title 3, Alcoholic Beverage Code, is
13	13	amended by adding Chapter 56 to read as follows:
14	14	CHAPTER 56. PUBLIC CONSUMPTION PERMIT
15	15	Sec. 56.01. AUTHORIZED ACTIVITIES. The holder of a public
16	16	consumption permit may allow a person to:
17	17	(1) consume alcoholic beverages on the permitted
18	18	premises; and
19	19	(2) bring alcoholic beverages onto or possess
20	20	alcoholic beverages on the permitted premises for the purpose of
21	21	consumption by the person on the permitted premises.
22	22	Sec. 56.02. PUBLIC CONSUMPTION PERMIT REQUIRED. A person
23	23	is required to obtain a permit under this chapter if the person:
24	24	(1) operates a commercial establishment:
25	25	(A) described by Section 243.002, Local
26	26	Government Code, other than an establishment exempt from regulation
27	27	under Chapter 243, Local Government Code; or
28	28	(B) that requires payment, dues, or a mandatory
29	29	purchase of any kind or amount to be admitted on the premises;
30	30	(2) allows persons to:
31	31	(A) consume alcoholic beverages on the
32	32	establishment's premises; or
33	33	(B) bring alcoholic beverages onto or possess
34	34	alcoholic beverages on the establishment's premises for the purpose
35	35	of consumption on the establishment's premises;
36	36	(3) is not covered by or required to be covered by a
37	37	license or permit under this code authorizing the sale or service of
38	38	alcoholic beverages; and
39	39	(4) operates during hours when the public consumption
40	40	of alcoholic beverages is prohibited under Section 105.06.
41	41	Sec. 56.03. FEE. The annual state fee for a public
42	42	consumption permit is $3,000.
43	43	Sec. 56.04. ISSUANCE OF PERMIT. A public consumption
44	44	permit is issued by the commission or administrator. The
45	45	qualifications of an applicant and the application for and issuance
46	46	of the permit are governed by the same provisions that apply to the
47	47	application for and issuance of a mixed beverage permit.
48	48	Sec. 56.05. REFUSAL OF PERMIT. (a) In this section,
49	49	"applicant" includes each member of a partnership or association
50	50	and, with respect to a corporation, each officer and the owner or
51	51	owners of a majority of the corporate stock.
52	52	(b) The commission or administrator may refuse to issue an
53	53	original or renewal public consumption permit with or without a
54	54	hearing if the commission or administrator has reasonable grounds
55	55	to believe and finds that any of the following circumstances
56	56	exists:
57	57	(1) the applicant has been convicted of the violation
58	58	of any provision of this code during the two years immediately
59	59	preceding the filing of the application;
60	60	(2) five years have not elapsed since the termination,
61	61	by pardon or otherwise, of a sentence imposed on the applicant for
62	62	the conviction of a felony;
63	63	(3) within the six-month period immediately preceding
64	64	the filing of the application the applicant violated or caused to be
65	65	violated a provision of this code or a rule or regulation of the
66	66	commission that involves moral turpitude, as distinguished from a
67	67	technical violation of this code or of the rule;
68	68	(4) the applicant failed to answer or falsely or
69	69	incorrectly answered a question in an original or renewal
70	70	application;
71	71	(5) the applicant is indebted to the state for any
72	72	taxes, fees, or payment of a penalty imposed by this code or by a
73	73	rule of the commission;
74	74	(6) the applicant is not of good moral character or the
75	75	applicant's reputation for being a peaceable, law-abiding citizen
76	76	in the community where the applicant resides is bad;
77	77	(7) the applicant is a minor;
78	78	(8) the place or manner in which the applicant may
79	79	conduct the applicant's business warrants the refusal of a permit
80	80	based on the general welfare, health, peace, morals, and safety of
81	81	the people and on the public sense of decency;
82	82	(9) the applicant is in the habit of using alcoholic
83	83	beverages to excess or is physically or mentally incapacitated;
84	84	(10) the applicant is not a United States citizen;
85	85	(11) the applicant does not provide an adequate
86	86	building available at the address for which the permit is sought
87	87	before conducting any activity authorized by the permit;
88	88	(12) the applicant is residentially domiciled with a
89	89	person whose permit or license has been canceled for cause within
90	90	the 12 months immediately preceding the date of the applicant's
91	91	present application;
92	92	(13) the applicant has failed or refused to furnish a
93	93	true copy of the applicant's application to the commission's
94	94	district office in the district in which the premises for which the
95	95	permit is sought are located;
96	96	(14) during the six months immediately preceding the
97	97	filing of the application the premises for which the permit is
98	98	sought have been operated, used, or frequented for a purpose or in a
99	99	manner that is lewd, immoral, or offensive to public decency;
100	100	(15) the applicant does not hold a sales tax permit, if
101	101	required, for the place of business for which the public
102	102	consumption permit is sought; or
103	103	(16) the applicant has had a license or permit
104	104	canceled during the preceding 12 months as a result of a shooting,
105	105	stabbing, or other violent act, or as a result of an offense
106	106	involving drugs, prostitution, or trafficking of persons.
107	107	Sec. 56.06. CANCELLATION AND SUSPENSION OF PERMIT. (a) In
108	108	this section, "permittee" includes each member of a partnership or
109	109	association and, with respect to a corporation, each officer and
110	110	the owner or owners of a majority of the corporate stock.
111	111	(b) The commission or administrator may suspend for not more
112	112	than 60 days or cancel an original or renewal public consumption
113	113	permit if it is found, after notice and hearing, that any of the
114	114	following is true:
115	115	(1) the permittee has been finally convicted of a
116	116	violation of this code;
117	117	(2) the permittee violated a provision of this code or
118	118	a rule of the commission;
119	119	(3) the permittee was finally convicted of a felony
120	120	while holding an original or renewal permit;
121	121	(4) the permittee made a false and misleading
122	122	statement in connection with the permittee's original or renewal
123	123	application, either in the formal application itself or in any
124	124	other written instrument relating to the application submitted to
125	125	the commission or its officers or employees;
126	126	(5) the permittee does not hold a sales tax permit, if
127	127	required, for the place of business covered by the permit;
128	128	(6) the permittee is not of good moral character or the
129	129	permittee's reputation for being a peaceable, law-abiding citizen
130	130	in the community where the permittee resides is bad;
131	131	(7) the place or manner in which the permittee
132	132	conducts the permittee's business warrants the cancellation or
133	133	suspension of the permit based on the general welfare, health,
134	134	peace, morals, and safety of the people and on the public sense of
135	135	decency;
136	136	(8) the permittee maintains a noisy, lewd, disorderly,
137	137	or unsanitary establishment;
138	138	(9) the permittee is insolvent or mentally or
139	139	physically unable to carry on the management of the permittee's
140	140	establishment;
141	141	(10) the permittee is in the habit of using alcoholic
142	142	beverages to excess;
143	143	(11) the permittee was intoxicated on the licensed
144	144	premises;
145	145	(12) the permittee allowed an intoxicated person to
146	146	remain on the premises;
147	147	(13) the permittee is residentially domiciled with a
148	148	person whose permit or license was canceled for cause within the
149	149	12-month period preceding the permittee's own application;
150	150	(14) the permittee is not a United States citizen;
151	151	(15) the permittee failed to promptly report to the
152	152	commission a breach of the peace occurring on the premises; or
153	153	(16) the permittee consumed an alcoholic beverage or
154	154	permitted one to be consumed on the premises at a time when the
155	155	consumption of alcoholic beverages is prohibited by this code.
156	156	Sec. 56.07. PERFORMANCE BOND. Notwithstanding Section
157	157	204.01 or any other provision of this code, a person applying for a
158	158	permit under this chapter must file with the commission a surety
159	159	bond, in an amount to be determined by the commission, conditioned
160	160	on the permittee's conformance with the alcoholic beverage law.
161	161	The bond is forfeited to the commission on the suspension of the
162	162	permit for the first time under this chapter. Before the suspended
163	163	permit may be reinstated, the permittee must furnish a second
164	164	surety bond, similarly conditioned, in an amount greater than the
165	165	initial surety bond, the amount to be determined by the commission.
166	166	If the same permit is suspended under this chapter a second time,
167	167	the bond is again forfeited to the commission. Before the suspended
168	168	permit may be reinstated, the permittee shall furnish a third
169	169	surety bond, similarly conditioned, in an amount greater than the
170	170	second surety bond, the amount to be determined by the commission.
171	171	If the same permit is suspended under this chapter a third time, the
172	172	bond is again forfeited to the commission and the permit shall be
173	173	canceled by the commission.
174	174	Sec. 56.08. SUMMARY SUSPENSION. The commission or
175	175	administrator without a hearing may for investigative purposes
176	176	summarily suspend a permit issued under this chapter for not more
177	177	than seven days if the commission or administrator finds that a
178	178	shooting, stabbing, or murder has occurred on the premises that is
179	179	likely to result in a subsequent act of violence. Notice of the
180	180	order suspending the permit shall be given to the permittee
181	181	personally within 24 hours of the time the violent act occurs. If
182	182	the permittee cannot be located, notice shall be provided by
183	183	posting a copy of the order on the front door of the permitted
184	184	premises.
185	185	Sec. 56.09. WARNING SIGN. The holder of a permit issued
186	186	under this chapter shall comply with the requirements of Section
187	187	411.204, Government Code.
188	188	Sec. 56.10. COMMON NUISANCE. Notwithstanding Section
189	189	81.002, Chapter 81 applies to a permit issued under this chapter.
190	190	Sec. 56.11. PUBLIC PLACE. A commercial establishment that
191	191	is required to hold a permit under this chapter is a public place.
192	192	Sec. 56.12. PENALTY. (a) A person who operates a
193	193	commercial establishment or that person's agent commits an offense
194	194	if:
195	195	(1) the person or that person's agent allows a person
196	196	to:
197	197	(A) consume alcoholic beverages on the
198	198	establishment's premises; or
199	199	(B) bring alcoholic beverages onto or possess
200	200	alcoholic beverages on the establishment's premises for the purpose
201	201	of consumption on the establishment's premises;
202	202	(2) the establishment is required to be covered by a
203	203	public consumption permit under this chapter; and
204	204	(3) the establishment is not covered by a public
205	205	consumption permit under this chapter.
206	206	(b) An offense under this section is a Class A misdemeanor.
207	207	SECTION 2. Section 11.042(a), Alcoholic Beverage Code, is
208	208	amended to read as follows:
209	209	(a) The commission by rule shall require the holder of a
210	210	permit authorizing the sale or possession of alcoholic beverages
211	211	for on-premises consumption to display a warning sign on the door to
212	212	each restroom on the permitted premises that informs the public of
213	213	the risks of drinking alcohol during pregnancy.
214	214	SECTION 3. Section 104.07(a), Alcoholic Beverage Code, is
215	215	amended to read as follows:
216	216	(a) The holder of a permit or license under Chapter 25, 26,
217	217	28, 32, 56, 69, or 71, other than the holder of a food and beverage
218	218	certificate, shall display a sign containing the following notice
219	219	in English and in Spanish:
220	220	WARNING: Obtaining forced labor or services is a crime under
221	221	Texas law. Call the national human trafficking
222	222	hotline: 1-888-373-7888. You may remain anonymous.
223	223	SECTION 4. Section 411.204, Government Code, is amended by
224	224	adding Subsection (a-1) to read as follows:
225	225	(a-1) A business that has a permit issued under Chapter 56,
226	226	Alcoholic Beverage Code, shall prominently display at each entrance
227	227	to the business a sign that complies with the requirements of
228	228	Subsection (c) other than the requirement that the sign include on
229	229	its face the number "51".
230	230	SECTION 5. Section 46.02(c), Penal Code, is amended to read
231	231	as follows:
232	232	(c) An offense under this section is a felony of the third
233	233	degree if the offense is committed on any premises licensed or
234	234	issued a permit by this state for the sale or public consumption of
235	235	alcoholic beverages.
236	236	SECTION 6. Section 46.035(b), Penal Code, is amended to
237	237	read as follows:
238	238	(b) A license holder commits an offense if the license
239	239	holder intentionally, knowingly, or recklessly carries a handgun
240	240	under the authority of Subchapter H, Chapter 411, Government Code,
241	241	regardless of whether the handgun is concealed, on or about the
242	242	license holder's person:
243	243	(1) on the premises of a business that has:
244	244	(A) a permit or license issued under Chapter 25,
245	245	28, 32, 69, or 74, Alcoholic Beverage Code, if the business derives
246	246	51 percent or more of its income from the sale or service of
247	247	alcoholic beverages for on-premises consumption, as determined by
248	248	the Texas Alcoholic Beverage Commission under Section 104.06,
249	249	Alcoholic Beverage Code; or
250	250	(B) a permit issued under Chapter 56, Alcoholic
251	251	Beverage Code;
252	252	(2) on the premises where a high school, collegiate,
253	253	or professional sporting event or interscholastic event is taking
254	254	place, unless the license holder is a participant in the event and a
255	255	handgun is used in the event;
256	256	(3) on the premises of a correctional facility;
257	257	(4) on the premises of a hospital licensed under
258	258	Chapter 241, Health and Safety Code, or on the premises of a nursing
259	259	home licensed under Chapter 242, Health and Safety Code, unless the
260	260	license holder has written authorization of the hospital or nursing
261	261	home administration, as appropriate;
262	262	(5) in an amusement park; or
263	263	(6) on the premises of a church, synagogue, or other
264	264	established place of religious worship.
265	265	SECTION 7. On or before November 1, 2013, the Texas
266	266	Alcoholic Beverage Commission shall adopt all rules necessary to
267	267	implement Chapter 56, Alcoholic Beverage Code, as added by this
268	268	Act.
269	269	SECTION 8. (a) Except as provided by Subsection (b) of this
270	270	section, this Act takes effect September 1, 2013.
271	271	(b) Section 56.12, Alcoholic Beverage Code, as added by this
272	272	Act, takes effect January 1, 2014.