88R12894 SCP-D
By: Shaheen H.B. No. 3240
A BILL TO BE ENTITLED
AN ACT
relating to the cancellation or suspension of a permit because the
permittee facilitated a sexual performance in the presence of
children.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. 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 the permittee's 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 the
permittee's reputation for being a peaceable and law-abiding
citizen in the community where the permittee resides is bad;
(7) the place or manner in which the permittee
conducts the permittee's 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 has developed an
incapacity that prevents or could prevent the permittee from
carrying on the management of the permittee's establishment with
reasonable skill, competence, and safety to the public;
(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 the permittee;
(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 the permittee was not authorized under
the 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 malt beverages at retail, other than a mixed
beverage establishment, except as authorized by Section 22.06,
24.05, or 102.05;
(18) the permittee is residentially domiciled with a
person whose permit or license was cancelled for cause within the
12-month period preceding the permittee's 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 the permittee's application,
unless the permittee 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 facilitated a performance in which
a performer, in the presence of an individual under the age of 18:
(A) danced in a lewd manner that:
(i) depicted the exhibition of the genitals
or pubic area of an unclothed, partially clothed, or clothed
individual with the intent of appealing to the prurient interest in
sex; and
(ii) had no serious literary, artistic,
political, or scientific value; or
(B) exhibited sexual gesticulations using
accessories or prosthetics that exaggerate male or female primary
or secondary sexual characteristics.
SECTION 2. This Act takes effect September 1, 2023.