2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 11 - Provisions Generally Applicable to Permits › Subchapter B. Application for and Issuance of Permits › Section 11.492. Change of License or Permit From On-Premise to Off-Premise

Sec. 11.492.  CHANGE OF LICENSE OR PERMIT FROM ON-PREMISE TO OFF-PREMISE.  (a)  A holder of a wine and malt beverage retailer's permit may change the permit to a wine and malt beverage retailer's off-premise permit, and a holder of a retail dealer's on-premise license may change the license to a retail dealer's off-premise license, in the manner provided by this section.
(b)  Any time before the expiration of a wine and malt beverage retailer's permit or a retail dealer's on-premise license the permittee or licensee may file an application for a change of permit or license under Subsection (a).  The applicant must make the application on a form provided by the commission and the application must be accompanied by the appropriate fee for the permit or license sought.
(c)  The commission shall consider an application under this section in the same manner and according to the same criteria as it would consider a renewal application of the license or permit held by the permittee or licensee.  Procedures applicable to an application for an original license or permit do not apply.  The commission shall issue a new license or permit to an applicant if the commission determines the applicant is eligible to hold the license or permit sought.  The license or permit takes effect on the expiration of the old license or, if requested in the application, on approval.  The former license is canceled on the effective date of the new license.  The licensee or permittee is not entitled to a refund for the unexpired portion of a canceled license or permit.
Added by Acts 1983, 68th Leg., p. 2427, ch. 429, Sec. 1 eff. Sept. 1, 1983.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 43, eff. September 1, 2021.
Sec. 11.493.  SUPPLEMENTAL OR AMENDED DESIGNATION OF PREMISES.  (a)  Subject to the limitations imposed by Section 11.49 of this code on designating a portion of a building or premises where alcoholic beverages may be sold or served, a licensee or permittee may submit an amended or supplemental designation at the time of renewal of the license or permit or at any other time, provided the license or permit is not under suspension at the time the amended or supplemental designation is submitted.
(b)  If the amended or supplemental designation is submitted with an application for renewal, there is no charge for processing the document.  If the amended or supplemental designation is submitted at any other time, the commission may charge a fee for processing the document.
Added by Acts 1991, 72nd Leg., 2nd C.S., ch. 1, Sec. 1, eff. Aug. 23, 1991.
Sec. 11.494.  SUPPLEMENTAL DESIGNATION OF CERTAIN AREAS AUTHORIZED.  The holder of a mixed beverage permit or private club permit covering premises located in or adjacent to an area described in Section 251.74(b)(1) of this code may submit an amended or supplemental designation of premises to the administrator enlarging or altering the premises covered by the permit where alcoholic beverages may be sold to include any structures located in that area.  The premises as described in the amended or supplemental designation as submitted is the licensed premises of the mixed beverage permittee or private club permittee for all purposes, notwithstanding Section 109.57(c) of this code or any other provision of this code or law of this state to the contrary.  A city charter, zoning ordinance, or regulation does not alter, limit, or affect in any way the permittee's sale of alcoholic beverages on those premises.
Added by Acts 1991, 72nd Leg., 2nd C.S., ch. 1, Sec. 2, eff. Aug. 23, 1991.