Texas 2015 - 84th Regular

Texas Senate Bill SB1320 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R164 MCK-F
2	2	By: Menéndez S.B. No. 1320
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the consumption of alcoholic beverages on certain
8	8	premises; providing a penalty and authorizing a fee.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle A, Title 3, Alcoholic Beverage Code, is
11	11	amended by adding Chapter 56 to read as follows:
12	12	CHAPTER 56. PUBLIC CONSUMPTION PERMIT
13	13	Sec. 56.01. AUTHORIZED ACTIVITIES. The holder of a public
14	14	consumption permit may allow a person to:
15	15	(1) consume alcoholic beverages on the permitted
16	16	premises; and
17	17	(2) bring alcoholic beverages onto or possess
18	18	alcoholic beverages on the permitted premises for the purpose of
19	19	consumption by the person on the permitted premises.
20	20	Sec. 56.02. PUBLIC CONSUMPTION PERMIT REQUIRED. A person
21	21	is required to obtain a permit under this chapter if the person:
22	22	(1) operates a commercial establishment:
23	23	(A) described by Section 243.002, Local
24	24	Government Code, other than an establishment exempt from regulation
25	25	under Chapter 243, Local Government Code; or
26	26	(B) that requires payment, dues, or a mandatory
27	27	purchase of any kind or amount to be admitted on the premises;
28	28	(2) allows persons to:
29	29	(A) consume alcoholic beverages on the
30	30	establishment's premises; or
31	31	(B) bring alcoholic beverages onto or possess
32	32	alcoholic beverages on the establishment's premises for the purpose
33	33	of consumption on the establishment's premises;
34	34	(3) is not covered by or required to be covered by a
35	35	license or permit under this code authorizing the sale or service of
36	36	alcoholic beverages; and
37	37	(4) operates during hours when the public consumption
38	38	of alcoholic beverages is prohibited under Section 105.06.
39	39	Sec. 56.03. FEE. The annual state fee for a public
40	40	consumption permit is $3,000.
41	41	Sec. 56.04. ISSUANCE OF PERMIT. A public consumption
42	42	permit is issued by the commission or administrator. The
43	43	qualifications of an applicant and the application for and issuance
44	44	of the permit are governed by the same provisions that apply to the
45	45	application for and issuance of a mixed beverage permit.
46	46	Sec. 56.05. REFUSAL OF PERMIT. (a) In this section,
47	47	"applicant" includes each member of a partnership or association
48	48	and, with respect to a corporation, each officer and the owner or
49	49	owners of a majority of the corporate stock.
50	50	(b) The commission or administrator may refuse to issue an
51	51	original or renewal public consumption permit with or without a
52	52	hearing if the commission or administrator has reasonable grounds
53	53	to believe and finds that any of the following circumstances
54	54	exists:
55	55	(1) the applicant has been convicted of the violation
56	56	of any provision of this code during the two years immediately
57	57	preceding the filing of the application;
58	58	(2) five years have not elapsed since the termination,
59	59	by pardon or otherwise, of a sentence imposed on the applicant for
60	60	the conviction of a felony;
61	61	(3) within the six-month period immediately preceding
62	62	the filing of the application the applicant violated or caused to be
63	63	violated a provision of this code or a rule or regulation of the
64	64	commission that involves moral turpitude, as distinguished from a
65	65	technical violation of this code or of the rule;
66	66	(4) the applicant failed to answer or falsely or
67	67	incorrectly answered a question in an original or renewal
68	68	application;
69	69	(5) the applicant is indebted to the state for any
70	70	taxes, fees, or payment of a penalty imposed by this code or by a
71	71	rule of the commission;
72	72	(6) the applicant is not of good moral character or the
73	73	applicant's reputation for being a peaceable, law-abiding citizen
74	74	in the community where the applicant resides is bad;
75	75	(7) the applicant is a minor;
76	76	(8) the place or manner in which the applicant may
77	77	conduct the applicant's business warrants the refusal of a permit
78	78	based on the general welfare, health, peace, morals, and safety of
79	79	the people and on the public sense of decency;
80	80	(9) the applicant is in the habit of using alcoholic
81	81	beverages to excess or is physically or mentally incapacitated;
82	82	(10) the applicant is not a United States citizen;
83	83	(11) the applicant does not provide an adequate
84	84	building available at the address for which the permit is sought
85	85	before conducting any activity authorized by the permit;
86	86	(12) the applicant is residentially domiciled with a
87	87	person whose permit or license has been canceled for cause within
88	88	the 12 months immediately preceding the date of the applicant's
89	89	present application;
90	90	(13) the applicant has failed or refused to furnish a
91	91	true copy of the applicant's application to the commission's
92	92	district office in the district in which the premises for which the
93	93	permit is sought are located;
94	94	(14) during the six months immediately preceding the
95	95	filing of the application the premises for which the permit is
96	96	sought have been operated, used, or frequented for a purpose or in a
97	97	manner that is lewd, immoral, or offensive to public decency;
98	98	(15) the applicant does not hold a sales tax permit, if
99	99	required, for the place of business for which the public
100	100	consumption permit is sought; or
101	101	(16) the applicant has had a license or permit
102	102	canceled during the preceding 12 months as a result of a shooting,
103	103	stabbing, or other violent act, or as a result of an offense
104	104	involving drugs, prostitution, or trafficking of persons.
105	105	Sec. 56.06. CANCELLATION AND SUSPENSION OF PERMIT. (a) In
106	106	this section, "permittee" includes each member of a partnership or
107	107	association and, with respect to a corporation, each officer and
108	108	the owner or owners of a majority of the corporate stock.
109	109	(b) The commission or administrator may suspend for not more
110	110	than 60 days or cancel an original or renewal public consumption
111	111	permit if it is found, after notice and hearing, that any of the
112	112	following is true:
113	113	(1) the permittee has been finally convicted of a
114	114	violation of this code;
115	115	(2) the permittee violated a provision of this code or
116	116	a rule of the commission;
117	117	(3) the permittee was finally convicted of a felony
118	118	while holding an original or renewal permit;
119	119	(4) the permittee made a false and misleading
120	120	statement in connection with the permittee's original or renewal
121	121	application, either in the formal application itself or in any
122	122	other written instrument relating to the application submitted to
123	123	the commission or its officers or employees;
124	124	(5) the permittee does not hold a sales tax permit, if
125	125	required, for the place of business covered by the permit;
126	126	(6) the permittee is not of good moral character or the
127	127	permittee's reputation for being a peaceable, law-abiding citizen
128	128	in the community where the permittee resides is bad;
129	129	(7) the place or manner in which the permittee
130	130	conducts the permittee's business warrants the cancellation or
131	131	suspension of the permit based on the general welfare, health,
132	132	peace, morals, and safety of the people and on the public sense of
133	133	decency;
134	134	(8) the permittee maintains a noisy, lewd, disorderly,
135	135	or unsanitary establishment;
136	136	(9) the permittee is insolvent or mentally or
137	137	physically unable to carry on the management of the permittee's
138	138	establishment;
139	139	(10) the permittee is in the habit of using alcoholic
140	140	beverages to excess;
141	141	(11) the permittee was intoxicated on the licensed
142	142	premises;
143	143	(12) the permittee allowed an intoxicated person to
144	144	remain on the premises;
145	145	(13) the permittee is residentially domiciled with a
146	146	person whose permit or license was canceled for cause within the
147	147	12-month period preceding the permittee's own application;
148	148	(14) the permittee is not a United States citizen;
149	149	(15) the permittee failed to promptly report to the
150	150	commission a breach of the peace occurring on the premises; or
151	151	(16) the permittee consumed an alcoholic beverage or
152	152	permitted one to be consumed on the premises at a time when the
153	153	consumption of alcoholic beverages is prohibited by this code.
154	154	Sec. 56.07. PERFORMANCE BOND. Notwithstanding Section
155	155	204.01 or any other provision of this code, a person applying for a
156	156	permit under this chapter must file with the commission a surety
157	157	bond, in an amount to be determined by the commission, conditioned
158	158	on the permittee's conformance with the alcoholic beverage law.
159	159	The bond is forfeited to the commission on the suspension of the
160	160	permit for the first time under this chapter. Before the suspended
161	161	permit may be reinstated, the permittee must furnish a second
162	162	surety bond, similarly conditioned, in an amount greater than the
163	163	initial surety bond, the amount to be determined by the commission.
164	164	If the same permit is suspended under this chapter a second time,
165	165	the bond is again forfeited to the commission. Before the suspended
166	166	permit may be reinstated, the permittee shall furnish a third
167	167	surety bond, similarly conditioned, in an amount greater than the
168	168	second surety bond, the amount to be determined by the commission.
169	169	If the same permit is suspended under this chapter a third time, the
170	170	bond is again forfeited to the commission and the permit shall be
171	171	canceled by the commission.
172	172	Sec. 56.08. SUMMARY SUSPENSION. The commission or
173	173	administrator without a hearing may for investigative purposes
174	174	summarily suspend a permit issued under this chapter for not more
175	175	than seven days if the commission or administrator finds that a
176	176	shooting, stabbing, or murder has occurred on the premises that is
177	177	likely to result in a subsequent act of violence. Notice of the
178	178	order suspending the permit shall be given to the permittee
179	179	personally within 24 hours of the time the violent act occurs. If
180	180	the permittee cannot be located, notice shall be provided by
181	181	posting a copy of the order on the front door of the permitted
182	182	premises.
183	183	Sec. 56.09. WARNING SIGN. The holder of a permit issued
184	184	under this chapter shall comply with the requirements of Section
185	185	411.204, Government Code.
186	186	Sec. 56.10. COMMON NUISANCE. Notwithstanding Section
187	187	81.002, Chapter 81 applies to a permit issued under this chapter.
188	188	Sec. 56.11. PUBLIC PLACE. A commercial establishment that
189	189	is required to hold a permit under this chapter is a public place.
190	190	Sec. 56.12. PENALTY. (a) A person who operates a
191	191	commercial establishment or that person's agent commits an offense
192	192	if:
193	193	(1) the person or that person's agent allows a person
194	194	to:
195	195	(A) consume alcoholic beverages on the
196	196	establishment's premises; or
197	197	(B) bring alcoholic beverages onto or possess
198	198	alcoholic beverages on the establishment's premises for the purpose
199	199	of consumption on the establishment's premises;
200	200	(2) the establishment is required to be covered by a
201	201	public consumption permit under this chapter; and
202	202	(3) the establishment is not covered by a public
203	203	consumption permit under this chapter.
204	204	(b) An offense under this section is a Class A misdemeanor.
205	205	SECTION 2. Section 11.042(a), Alcoholic Beverage Code, is
206	206	amended to read as follows:
207	207	(a) The commission by rule shall require the holder of a
208	208	permit authorizing the sale or possession of alcoholic beverages
209	209	for on-premises consumption to display a warning sign on the door to
210	210	each restroom on the permitted premises that informs the public of
211	211	the risks of drinking alcohol during pregnancy.
212	212	SECTION 3. Section 104.07(a), Alcoholic Beverage Code, is
213	213	amended to read as follows:
214	214	(a) The holder of a permit or license under Chapter 25, 26,
215	215	28, 32, 56, 69, or 71, other than the holder of a food and beverage
216	216	certificate, shall display a sign containing the following notice
217	217	in English and in Spanish:
218	218	WARNING: Obtaining forced labor or services is a crime under
219	219	Texas law. Call the national human trafficking
220	220	hotline: 1-888-373-7888. You may remain anonymous.
221	221	SECTION 4. Section 411.204, Government Code, is amended by
222	222	adding Subsection (a-1) to read as follows:
223	223	(a-1) A business that has a permit issued under Chapter 56,
224	224	Alcoholic Beverage Code, shall prominently display at each entrance
225	225	to the business a sign that complies with the requirements of
226	226	Subsection (c) other than the requirement that the sign include on
227	227	its face the number "51".
228	228	SECTION 5. Section 46.02(c), Penal Code, is amended to read
229	229	as follows:
230	230	(c) An offense under this section is a felony of the third
231	231	degree if the offense is committed on any premises licensed or
232	232	issued a permit by this state for the sale or public consumption of
233	233	alcoholic beverages.
234	234	SECTION 6. Section 46.035(b), Penal Code, is amended to
235	235	read as follows:
236	236	(b) A license holder commits an offense if the license
237	237	holder intentionally, knowingly, or recklessly carries a handgun
238	238	under the authority of Subchapter H, Chapter 411, Government Code,
239	239	regardless of whether the handgun is concealed, on or about the
240	240	license holder's person:
241	241	(1) on the premises of a business that has:
242	242	(A) a permit or license issued under Chapter 25,
243	243	28, 32, 69, or 74, Alcoholic Beverage Code, if the business derives
244	244	51 percent or more of its income from the sale or service of
245	245	alcoholic beverages for on-premises consumption, as determined by
246	246	the Texas Alcoholic Beverage Commission under Section 104.06,
247	247	Alcoholic Beverage Code; or
248	248	(B) a permit issued under Chapter 56, Alcoholic
249	249	Beverage Code;
250	250	(2) on the premises where a high school, collegiate,
251	251	or professional sporting event or interscholastic event is taking
252	252	place, unless the license holder is a participant in the event and a
253	253	handgun is used in the event;
254	254	(3) on the premises of a correctional facility;
255	255	(4) on the premises of a hospital licensed under
256	256	Chapter 241, Health and Safety Code, or on the premises of a nursing
257	257	home licensed under Chapter 242, Health and Safety Code, unless the
258	258	license holder has written authorization of the hospital or nursing
259	259	home administration, as appropriate;
260	260	(5) in an amusement park; or
261	261	(6) on the premises of a church, synagogue, or other
262	262	established place of religious worship.
263	263	SECTION 7. On or before November 1, 2015, the Texas
264	264	Alcoholic Beverage Commission shall adopt all rules necessary to
265	265	implement Chapter 56, Alcoholic Beverage Code, as added by this
266	266	Act.
267	267	SECTION 8. (a) Except as provided by Subsection (b) of this
268	268	section, this Act takes effect September 1, 2015.
269	269	(b) Section 56.12, Alcoholic Beverage Code, as added by this
270	270	Act, takes effect January 1, 2016.