reglab/housing_qa huggingface dataset:
TX Alco Bev Code § 61.313 (2021)
2021 Texas Statutes|Alcoholic Beverage Code|Title 3 - Licenses and Permits|Subtitle B - Licenses|Chapter 61 - Provisions Generally Applicable to Licenses|Subchapter B. Application and Issuance of Licenses|Section 61.313. Protest by Member of the Public

Sec. 61.313.  PROTEST BY MEMBER OF THE PUBLIC.  (a)  A member of the public may protest an application for:(1)  an original retail dealer's on-premise license if a sexually oriented business is to be operated on the premises to be covered by the license;(2)  any renewal of a retail dealer's on-premise license if a sexually oriented business is to be operated on the premises to be covered by the license and a petition is presented to the commission that is signed by 50 percent of the residents who reside within 300 feet of any property line of the affected premises; or(3)  a license authorizing the retail sale of malt beverages for on-premises consumption if the person resides within 300 feet of any property line of the premises for which the license is sought.(b)  In addition to the situations described by Subsection (a), the commission by rule may authorize a member of the public to protest other license applications the commission considers appropriate.(c)  A protest made under this section must include an allegation of grounds on which the original or renewal application, as applicable, should be denied.|Added by Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 172, eff. December 31, 2020.|
TX Alco Bev Code § 61.314 (2021)
2021 Texas Statutes|Alcoholic Beverage Code|Title 3 - Licenses and Permits|Subtitle B - Licenses|Chapter 61 - Provisions Generally Applicable to Licenses|Subchapter B. Application and Issuance of Licenses|Section 61.314. Protest by Government Official

Sec. 61.314.  PROTEST BY GOVERNMENT OFFICIAL.  (a)  The following persons may protest an application for an alcoholic beverage license:(1)  the state senator, state representative, county commissioner, and city council member who represent the area in which the premises sought to be licensed are located;(2)  the commissioners court of the county in which the premises sought to be licensed are located;(3)  the county judge of the county in which the premises sought to be licensed are located;(4)  the sheriff or county or district attorney of the county in which the premises sought to be licensed are located;(5)  the mayor of the city or town in which the premises sought to be licensed are located; and(6)  the chief of police, city marshal, or city attorney of the city or town in which the premises sought to be permitted are located.(b)  The commission may give due consideration to the recommendations of a person listed under Subsection (a) when evaluating an application for a license under this code.|Added by Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 172, eff. December 31, 2020.|
TX Alco Bev Code § 61.34 (2021)
2021 Texas Statutes|Alcoholic Beverage Code|Title 3 - Licenses and Permits|Subtitle B - Licenses|Chapter 61 - Provisions Generally Applicable to Licenses|Subchapter B. Application and Issuance of Licenses|Section 61.34. Appeal From Denial

Sec. 61.34.  APPEAL FROM DENIAL.(a)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 411(a)(12), eff. December 31, 2020.(b)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 411(a)(12), eff. December 31, 2020.(c)  If a license is issued on the basis of a district court judgment and that judgment is reversed on appeal, the mandate of the appellate court automatically invalidates the license and the applicant is entitled to a proportionate refund of fees for the unexpired portion of the license.  As much of the proceeds from license fees collected under this subtitle as is necessary may be appropriated for the payment of those refunds.(d)  A person appealing from an order denying a license shall give bond for all costs incident to the appeal and shall be required to pay those costs if the judgment on appeal is unfavorable to the applicant, but not otherwise.  A bond is not required on appeals filed on behalf of the state.|Acts 1977, 65th Leg., p. 463, ch. 194, Sec. 1, eff. Sept. 1, 1977.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 763 (S.B. 1035), Sec. 6, eff. September 1, 2013.Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 173, eff. December 31, 2020.Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 411(a)(12), eff. December 31, 2020.|
TX Alco Bev Code § 61.35 (2021)
2021 Texas Statutes|Alcoholic Beverage Code|Title 3 - Licenses and Permits|Subtitle B - Licenses|Chapter 61 - Provisions Generally Applicable to Licenses|Subchapter B. Application and Issuance of Licenses|Section 61.35. License Fees

Sec. 61.35.  LICENSE FEES.  (a)  A separate license fee is required for each place of business that brews, imports, or sells malt beverages.(b)  All license fees shall be deposited as provided in Section 205.02.  Each license application must be accompanied by a cashier's check, a teller's check, a check drawn on the account of a corporation applying for a license or on the account of a corporation that is an agent for the person applying for a license, a money order, or payment by credit card, charge card, or other electronic form of payment approved by commission rule for the amount of the state fee, payable to the order of the comptroller.(c)  No licensee may obtain a refund on the surrender or nonuse of a license except as provided by this code.(d)  The commissioner may not refund a license fee except when the licensee is prevented from continuing in business by a local option election or when an application for a license is rejected by the commission or administrator.  As much of the proceeds from license fees as is necessary may be appropriated for that purpose.(e)  The commission by rule shall establish a method for transmitting five percent of the license fee to the assessor and collector of taxes of the county in which the applicant's business is located.|Acts 1977, 65th Leg., p. 464, ch. 194, Sec. 1, eff. Sept. 1, 1977.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 763 (S.B. 1035), Sec. 7, eff. September 1, 2013.Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 174, eff. September 1, 2021.|
TX Alco Bev Code § 61.37 (2021)
2021 Texas Statutes|Alcoholic Beverage Code|Title 3 - Licenses and Permits|Subtitle B - Licenses|Chapter 61 - Provisions Generally Applicable to Licenses|Subchapter B. Application and Issuance of Licenses|Section 61.37. Certification of Wet or Dry Status

Sec. 61.37.  CERTIFICATION OF WET OR DRY STATUS.  (a)  Not later than the 30th day after the date a prospective applicant for a license issued by the commission requests certification, the county clerk of the county in which the request is made shall certify whether the location or address given in the request is in a wet area and whether the sale of alcoholic beverages for which the license is sought is prohibited by any valid order of the commissioners court.(b)  Not later than the 30th day after the date a prospective applicant for a license issued by the commission requests certification, the city secretary or clerk of the city in which the request is made shall certify whether the location or address given in the request is in a wet area and whether the sale of alcoholic beverages for which the license is sought is prohibited by charter or ordinance.(c)  Once a license is issued, the certification that the location or address is in a wet area may not be changed until after a subsequent local option election to prohibit the sale of alcoholic beverages.(d)  Notwithstanding any other provision of this code, if the county clerk, city secretary, or city clerk certifies that the location or address given in the request is not in a wet area or refuses to issue the certification required by this section, the prospective applicant is entitled to a hearing before the county judge to contest the certification or refusal to certify.  The prospective applicant must submit a written request to the county judge for a hearing under this subsection.  The county judge shall conduct a hearing required by this subsection not later than the 30th day after the date the county judge receives the written request.|Acts 1977, 65th Leg., p. 464, ch. 194, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 2003, 78th Leg., ch. 1047, Sec. 2, eff. Sept. 1, 2003.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 297 (H.B. 1959), Sec. 2, eff. September 1, 2011.Acts 2019, 86th Leg., R.S., Ch. 241 (H.B. 1443), Sec. 2, eff. September 1, 2019.Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 177, eff. September 1, 2019.|
TX Alco Bev Code § 61.38 (2021)
2021 Texas Statutes|Alcoholic Beverage Code|Title 3 - Licenses and Permits|Subtitle B - Licenses|Chapter 61 - Provisions Generally Applicable to Licenses|Subchapter B. Application and Issuance of Licenses|Section 61.38. Notice of Application

Sec. 61.38.  NOTICE OF APPLICATION.  (a)  Every original applicant for a license to brew, distribute, or sell malt beverages at retail shall give notice of the application by electronic or nonelectronic publication at the applicant's own expense in two consecutive issues of a newspaper of general circulation published in the city or town in which the applicant's place of business is located.  If no newspaper is published in that city or town, the notice must be published in a newspaper of general circulation published in the county where the applicant's business is located.  If no newspaper is published in that county, the notice must be published in a qualified newspaper published in the closest neighboring county and circulated in the county where the applicant's business is located.(b)  The notice must be printed in 10-point boldface type and must include:(1)  the type of license applied for;(2)  the exact location of the business for which the license is sought;(3)  the name of each owner of the business and, if the business is operated under an assumed name, the trade name together with the name of each owner; and(4)  if the applicant is a corporation, the names and titles of all officers.(c)  An applicant for a renewal license is not required to publish notice. |Acts 1977, 65th Leg., p. 465, ch. 194, Sec. 1, eff. Sept. 1, 1977.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 763 (S.B. 1035), Sec. 8, eff. September 1, 2013.Acts 2013, 83rd Leg., R.S., Ch. 1190 (S.B. 1090), Sec. 14, eff. September 1, 2013.Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 178, eff. September 1, 2021.|
TX Alco Bev Code § 61.381 (2021)
2021 Texas Statutes|Alcoholic Beverage Code|Title 3 - Licenses and Permits|Subtitle B - Licenses|Chapter 61 - Provisions Generally Applicable to Licenses|Subchapter B. Application and Issuance of Licenses|Section 61.381. Notice by Sign

Sec. 61.381.  NOTICE BY SIGN.  (a)  An applicant for a license issued under this code for a location not previously licensed for the on-premises consumption of alcoholic beverages must, not later than the 60th day before the date the license is issued, prominently post an outdoor sign at the location stating that alcoholic beverages are intended to be served on the premises, the type of license, and the name and business address of the applicant.(b)  The sign must be at least 24 by 36 inches in size and must be written in lettering at least two inches in size. The administrator may require the sign to be both in English and a language other than English if it is likely that a substantial number of the residents in the area speak a language other than English as their familiar language.  The commission shall provide such sign and may charge a fee therefor.(c)  This section does not apply to an applicant for a license issued under Chapter 64, 66, or 71.|Added by Acts 1985, 69th Leg., ch. 169, Sec. 2, eff. Jan. 1, 1986.  Amended by Acts 1995, 74th Leg., ch. 1028, Sec. 2, eff. Sept. 1, 1995;  Acts 1999, 76th Leg., ch. 1109, Sec. 2, eff. Sept. 1, 1999.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 159 (H.B. 1953), Sec. 2, eff. September 1, 2011.Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 179, eff. September 1, 2019.|
TX Alco Bev Code § 61.382 (2021)
2021 Texas Statutes|Alcoholic Beverage Code|Title 3 - Licenses and Permits|Subtitle B - Licenses|Chapter 61 - Provisions Generally Applicable to Licenses|Subchapter B. Application and Issuance of Licenses|Section 61.382. Notice by Mail

Sec. 61.382.  NOTICE BY MAIL.  (a)  Except as provided by Subsection (b), a person who submits an original application for a license authorizing the retail sale of malt beverages for on-premises consumption shall give written notice of the application to each residential address and established neighborhood association located within 300 feet of any property line of the premises for which the license is sought.(b)  The notice required by Subsection (a) does not apply to an application that contains an application for a food and beverage certificate. (c)  The notice required by this section must be:(1)  delivered by mail at the applicant's expense;(2)  provided in English and a language other than English if it is likely that a substantial number of residents in the area speak a language other than English as their familiar language;  and(3)  provided not earlier than the 14th day and not later than the 7th day before the date the application is filed.(d)  The applicant shall submit with an application for a license described by Subsection (a) a list of each residential address provided notice under this section.(e)  The notice must be provided on a form prescribed by the commission and must contain:(1)  the type of license and type of business for which the applicant has applied;(2)  the exact location of the place of business for which the license is sought;(3)  the name of each owner of the business or, if the business is operated under an assumed name, the trade name and the name of each owner;(4)  if the applicant is a corporation, the name and title of each officer;  and(5)  a description of the procedure for protesting the application.|Added by Acts 2001, 77th Leg., ch. 868, Sec. 3, eff. Sept. 1, 2001.Amended by: Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 180, eff. September 1, 2021.|
TX Alco Bev Code § 61.40 (2021)
2021 Texas Statutes|Alcoholic Beverage Code|Title 3 - Licenses and Permits|Subtitle B - Licenses|Chapter 61 - Provisions Generally Applicable to Licenses|Subchapter B. Application and Issuance of Licenses|Section 61.40. Premises Ineligible for License

Sec. 61.40.  PREMISES INELIGIBLE FOR LICENSE.  Section 11.44 of this code, which describes certain premises that are ineligible for a license, applies to licenses issued under this subtitle.|Acts 1977, 65th Leg., p. 465, ch. 194, Sec. 1, eff. Sept. 1, 1977.|
TX Alco Bev Code § 61.41 (2021)
2021 Texas Statutes|Alcoholic Beverage Code|Title 3 - Licenses and Permits|Subtitle B - Licenses|Chapter 61 - Provisions Generally Applicable to Licenses|Subchapter B. Application and Issuance of Licenses|Section 61.41. Second License at Same Location; Effect on Existing License

Sec. 61.41.  SECOND LICENSE AT SAME LOCATION; EFFECT ON EXISTING LICENSE.  (a)  Except as provided by Subsection (d), no license may be issued for a premises, location, or place of business for which a license is in effect unless the holder of the existing license has shown to the satisfaction of the commission that the license holder will no longer exercise any privilege granted by the existing license at that location.(b)  If the holder of the existing license desires to transfer the license to another location, the license holder may apply for a transfer of location in accordance with this code.(c)  If the holder of the existing license has made a declaration required by the commission that the license holder will no longer use the license, the license holder may not brew or sell malt beverages or possess malt beverages for the purpose of sale until the license has been reinstated.  The holder may apply to the commission for the reinstatement of the license in the same manner and according to the same procedure as in the case of an original license application.  The commission may deny reinstatement of the license for any cause for which an original license application may be denied.(d)  Notwithstanding Subsection (a) and Sections 11.49 and 109.53, more than one brewer's or nonresident brewer's license may be issued for a single premises if the license holder for the premises has contracted with an entity under an alternating brewery proprietorship or contract brewing arrangement.|Acts 1977, 65th Leg., p. 465, ch. 194, Sec. 1, eff. Sept. 1, 1977.Amended by: Acts 2005, 79th Leg., Ch. 1182 (S.B. 1255), Sec. 4, eff. June 18, 2005.Acts 2013, 83rd Leg., R.S., Ch. 763 (S.B. 1035), Sec. 9, eff. September 1, 2013.Acts 2013, 83rd Leg., R.S., Ch. 1074 (H.B. 3307), Sec. 5, eff. September 1, 2013.Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 181(a), eff. December 31, 2020.Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 181(b), eff. September 1, 2021.|
TX Alco Bev Code § 61.421 (2021)
2021 Texas Statutes|Alcoholic Beverage Code|Title 3 - Licenses and Permits|Subtitle B - Licenses|Chapter 61 - Provisions Generally Applicable to Licenses|Subchapter B. Application and Issuance of Licenses|Section 61.421. Denial of License Authorizing On-Premises Consumption

Sec. 61.421.  DENIAL OF LICENSE AUTHORIZING ON-PREMISES CONSUMPTION.  (a)  In this section, "applicant" has the meaning assigned by Section 11.45.(b)  The commission shall deny an application for an original or renewal license authorizing on-premises consumption of alcoholic beverages if the commission has reasonable grounds to believe and finds that, during the three years preceding the date the license application was filed, a license or permit previously held under this code by the applicant, a person who owns the premises for which the license is sought, or an officer of a person who owns the premises for which the license is sought was canceled or not renewed as a result of a shooting, stabbing, or other violent act.(c)  This section does not apply to the issuance of an original or renewal license authorizing on-premises consumption for a location that holds a food and beverage certificate but does not hold a retailer late hours certificate.|Added by Acts 2011, 82nd Leg., R.S., Ch. 1303 (H.B. 2707), Sec. 3, eff. June 17, 2011.Amended by: Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 183, eff. December 31, 2020.Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 184, eff. December 31, 2020.Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 185, eff. September 1, 2021.|
TX Alco Bev Code § 61.43 (2021)
2021 Texas Statutes|Alcoholic Beverage Code|Title 3 - Licenses and Permits|Subtitle B - Licenses|Chapter 61 - Provisions Generally Applicable to Licenses|Subchapter B. Application and Issuance of Licenses|Section 61.43. Discretionary Grounds for Denial: Distributor or Retailer

Sec. 61.43.  DISCRETIONARY GROUNDS FOR DENIAL: DISTRIBUTOR OR RETAILER.  The commission may deny an application for a license as a distributor or retailer if the commission 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 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(9)  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.|Acts 1977, 65th Leg., p. 466, ch. 194, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1993, 73rd Leg., ch. 934, Sec. 52, eff. Sept. 1, 1993;  Acts 1997, 75th Leg., ch. 1068, Sec. 1, eff. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 625, Sec. 4, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 1026, Sec. 1, eff. June 20, 2003.Amended by: Acts 2017, 85th Leg., R.S., Ch. 544 (S.B. 371), Sec. 3, eff. September 1, 2017.Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 186, eff. December 31, 2020.|
TX Alco Bev Code § 61.44 (2021)
2021 Texas Statutes|Alcoholic Beverage Code|Title 3 - Licenses and Permits|Subtitle B - Licenses|Chapter 61 - Provisions Generally Applicable to Licenses|Subchapter B. Application and Issuance of Licenses|Section 61.44. Denial of Distributor's or Retailer's License: Prohibited Interests

Sec. 61.44.  DENIAL OF DISTRIBUTOR'S OR RETAILER'S LICENSE: PROHIBITED INTERESTS.  (a)  The commission may deny an application for a license as a distributor or retailer if the commission has reasonable grounds to believe and finds that:(1)  the applicant has a financial interest in an establishment authorized to sell distilled spirits, except as authorized in Section 22.06, 24.05, or 102.05;(2)  a person engaged in the business of selling distilled spirits has a financial interest in the business to be conducted under the license sought by the applicant, except as authorized in Section 22.06, 24.05, or 102.05; or(3)  the applicant is residentially domiciled with a person who has a financial interest in an establishment engaged in the business of selling distilled spirits, except as authorized in Section 22.06, 24.05, or 102.05.(b)  The commission may deny an application for a retail dealer's license if the commission has reasonable grounds to believe and finds that:(1)  the applicant has a real interest in the business or premises of the holder of a brewer's or distributor's license; or(2)  the premises sought to be licensed are owned in whole or part by the holder of a brewer's or distributor's license.|Acts 1977, 65th Leg., p. 467, ch. 194, Sec. 1, eff. Sept. 1, 1977.Amended by: Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 187(a), eff. December 31, 2020.Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 187(b), eff. September 1, 2021.|