83R11050 MCK-D
By: West S.B. No. 1516
A BILL TO BE ENTITLED
AN ACT
relating to the on-premises consumption of certain alcoholic
beverages; providing a penalty and authorizing a fee.
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 Subsection (b), a person is required to
obtain a permit under this chapter if the person:
(1) operates a commercial establishment described by
Section 243.002, Local Government Code, other than an establishment
exempt from regulation under Chapter 243, Local Government Code,
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;
(2) allows persons to possess, consume, or bring
alcoholic beverages onto the premises for the purpose of
consumption on the establishment's premises; and
(3) is not covered by or required to be covered by a
license or permit under this code authorizing the sale or service of
alcoholic beverages.
(b) A permit under this chapter is not required for:
(1) an establishment that operates primarily as a food
service establishment;
(2) a fraternal or veterans organization as defined by
Section 32.11;
(3) an establishment operated by a religious
organization, governmental entity, or charitable organization;
(4) a premises that is covered by a license or permit
under this code authorizing the sale or service of alcoholic
beverages; or
(5) other types of establishments as determined by the
commission where the consumption of alcohol does not pose a threat
to the public health or safety.
(c) For the purposes of this section, an establishment
operates primarily as a food service establishment only if:
(1) the establishment prepares and serves food
primarily for on-premises human consumption;
(2) the establishment has food service facilities for
the preparation and service of a minimum of eight entrees; and
(3) the establishment operates under a food service
establishment permit issued by a local or state health authority.
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 $3,000.
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. BREACH OF PEACE. The commission or
administrator may suspend or cancel an on-premises consumption only
permit after giving the permittee notice and the opportunity to
show compliance with all requirements of law for retention of the
permit if the commission or administrator finds that a breach of the
peace has occurred on the permitted premises or on premises under
the permittee's control and that the breach of the peace was not
beyond the control of the permittee and resulted from the
permittee's improper supervision of persons permitted to be on the
permitted premises or the premises under the permittee's control.
Sec. 56.08. CONSUMPTION BY MINOR OR INTOXICATED PERSON.
The commission or administrator may suspend or cancel an
on-premises consumption only permit after giving the permittee
notice and the opportunity to show compliance with all requirements
of law for retention of the permit if the commission or
administrator finds that the permittee permitted a minor or an
intoxicated person to consume alcohol on the permitted premises or
on premises under the permittee's control.
Sec. 56.09. 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. 56.10. PUBLIC PLACE. (a) A commercial establishment
that is required to hold a permit under this chapter is a public
place.
(b) 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.
Sec. 56.11. PENALTY. (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 this chapter; and
(3) the establishment is not covered by an on-premises
consumption only permit under this chapter.
(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 2. On or before November 1, 2013, the Texas
Alcoholic Beverage Commission shall adopt all rules necessary to
implement Chapter 56, Alcoholic Beverage Code, as added by this
Act.
SECTION 3. (a) Except as provided by Subsection (b) of this
section, this Act takes effect September 1, 2013.
(b) Section 56.11, Alcoholic Beverage Code, as added by this
Act, takes effect January 1, 2014.