reglab/statecodes huggingface dataset:
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 11 - Provisions Generally Applicable to Permits › Subchapter A. General Provisions › Section 11.01. Permit Required

Sec. 11.01.  PERMIT REQUIRED.  (a)  No person who has not first obtained a permit of the type required for the privilege exercised may, in a wet area, do any of the following:
(1)  manufacture, distill, brew, sell, possess for the purpose of sale, import into this state, export from this state, transport, distribute, warehouse, or store liquor;
(2)  solicit or take orders for liquor;  or
(3)  for the purpose of sale, bottle, rectify, blend, treat, fortify, mix, or process liquor.
(b)  A person may manufacture, distill, brew, sell, import, export, transport, distribute, warehouse, store, possess, possess for the purpose of sale, bottle, rectify, blend, treat, fortify, mix, or process liquor, or possess equipment or material designed for or capable of use for manufacturing liquor, if the right or privilege of doing so is granted by this code.
(c)  A right or privilege granted by this section as an exception to prohibitions contained elsewhere in this code may be exercised only in the manner provided.  An act done by a person which is not permitted by this code is unlawful.
Acts 1977, 65th Leg., p. 404, ch. 194, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 11 - Provisions Generally Applicable to Permits › Subchapter A. General Provisions › Section 11.015. Hearing Location

Sec. 11.015.  HEARING LOCATION.  Notwithstanding any other provision of this code, a hearing related to the issuance, renewal, cancellation, or suspension of a permit under this subtitle may be conducted:
(1)  in the county in which the premises is located;
(2)  at the nearest permanent hearing office of the State Office of Administrative Hearings; or
(3)  at any location agreed to by the parties.
Added by Acts 1993, 73rd Leg., ch. 934, Sec. 18, eff. Sept. 1, 1993.  Amended by Acts 1997, 75th Leg., ch. 1114, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 22, eff. December 31, 2020.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 11 - Provisions Generally Applicable to Permits › Subchapter A. General Provisions › Section 11.02. Separate Permit Required

Sec. 11.02.  SEPARATE PERMIT REQUIRED.  A separate permit shall be obtained and a separate fee paid for each outlet of liquor in the state.
Acts 1977, 65th Leg., p. 404, ch. 194, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 11 - Provisions Generally Applicable to Permits › Subchapter A. General Provisions › Section 11.03. Nature of Permit

Sec. 11.03.  NATURE OF PERMIT.  A permit issued under this code is a purely personal privilege and is subject to revocation as provided in this code.  It is not property, is not subject to execution, does not pass by descent or distribution, and except as otherwise provided in this code, ceases on the death of the holder.
Acts 1977, 65th Leg., p. 404, ch. 194, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 11 - Provisions Generally Applicable to Permits › Subchapter A. General Provisions › Section 11.04. Must Display Permit

Sec. 11.04.  MUST DISPLAY PERMIT.  All permits shall be displayed in a conspicuous place at all times on the licensed premises.
Acts 1977, 65th Leg., p. 404, ch. 194, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 11 - Provisions Generally Applicable to Permits › Subchapter A. General Provisions › Section 11.042. Health Risks Warning Sign

Sec. 11.042.  HEALTH RISKS WARNING SIGN.  (a)  The commission by rule shall require the holder of a permit authorizing the sale of alcoholic beverages for on-premises consumption to display a warning sign on the door to each restroom on the permitted premises that informs the public of the risks of drinking alcohol during pregnancy.
(b)  The commission's rules shall specify the language of the warning and the size and graphic design of the sign, including font size and type.
Added by Acts 2007, 80th Leg., R.S., Ch. 68 (S.B. 904), Sec. 16, eff. September 1, 2007.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 11 - Provisions Generally Applicable to Permits › Subchapter A. General Provisions › Section 11.05. Unauthorized Use of Permit

Sec. 11.05.  UNAUTHORIZED USE OF PERMIT.  A permittee may not consent to or allow the use or display of the permittee's permit by a person other than the person to whom the permit was issued.
Acts 1977, 65th Leg., p. 404, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 424 (S.B. 367), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 11 - Provisions Generally Applicable to Permits › Subchapter A. General Provisions › Section 11.06. Privileges Limited to Licensed Premises

Sec. 11.06.  PRIVILEGES LIMITED TO LICENSED PREMISES.  No person may use a permit or exercise any privileges granted by the permit except at the place, address, premises, or location for which the permit is issued, except as otherwise provided by this code.
Acts 1977, 65th Leg., p. 405, ch. 194, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 11 - Provisions Generally Applicable to Permits › Subchapter A. General Provisions › Section 11.07. Duplicate or Corrected Permit

Sec. 11.07.  DUPLICATE OR CORRECTED PERMIT.  If a permit is lost, destroyed, or needs to be changed, the commission may issue a duplicate or corrected permit.
Acts 1977, 65th Leg., p. 405, ch. 194, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 11 - Provisions Generally Applicable to Permits › Subchapter A. General Provisions › Section 11.08. Change of Location

Sec. 11.08.  CHANGE OF LOCATION.  If a permittee desires to change the location of his place of business, he may file an application for a change of location with the commission.  The application shall be on a form prescribed by the commission.  The commission or administrator may deny the application on any ground for which an original application may be denied.  The application is subject to protest and hearing in the same manner as an original application for a permit.
Acts 1977, 65th Leg., p. 405, ch. 194, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 11 - Provisions Generally Applicable to Permits › Subchapter A. General Provisions › Section 11.09. Expiration or Suspension of Permit

Sec. 11.09.  EXPIRATION OR SUSPENSION OF PERMIT.  (a)  A permit issued under this code expires on the second anniversary of the date it is issued, except as provided by Subsections (d) and (e) or another provision of this code.
(b)  A secondary permit which requires the holder of the permit to first obtain another permit, including a retailer late hours certificate, expires on the same date the basic or primary permit expires.  The commission may not prorate or refund any part of the fee for the secondary permit if the application of this section results in the expiration of the permit in less than two years.
(c)  An action by the commission resulting in the suspension of a basic or primary permit also acts to suspend any secondary permit held by the holder of the basic or primary permit.
(d)  The commission by rule may require that the expiration date for an individual permit holder's permit is the first anniversary of the date on which the permit is issued due to the permit holder's violation history.
(e)  The commission may issue a permit with an expiration date less than two years after the date the permit is issued in order to maintain a reasonable annual distribution of renewal application review work and permit fees.  If the commission issues a permit with an expiration date less than two years after the date the permit is issued, the commission shall prorate the permit fee on a monthly basis so that the permit holder pays only that portion of the permit fee that is allocable to the number of months during which the permit is valid.
Acts 1977, 65th Leg., p. 405, ch. 194, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1999, 76th Leg., ch. 517, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 986 (S.B. 1217), Sec. 3, eff. September 1, 2007.
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 23, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 11 - Provisions Generally Applicable to Permits › Subchapter A. General Provisions › Section 11.091. Notification of Expired or Suspended Permit

Sec. 11.091.  NOTIFICATION OF EXPIRED OR SUSPENDED PERMIT.  (a)  The commission shall verify that the holder of an expired or suspended retail permit is not operating in violation of this code.  The verification, including any inspection of the premises by commission personnel, must occur within a reasonable time after the date the permit expires or is suspended.
(b)  The commission shall promptly notify each wholesaler, as that term is ordinarily used and understood in Section 102.01, who regularly supplies retailers in the geographic area that the holder's retail permit has expired or has been suspended.
Added by Acts 1999, 76th Leg., ch. 517, Sec. 2, eff. Sept. 1, 1999.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 11 - Provisions Generally Applicable to Permits › Subchapter A. General Provisions › Section 11.10. Succession on Death, Bankruptcy, Etc

Sec. 11.10.  SUCCESSION ON DEATH, BANKRUPTCY, ETC.  On the death of the permittee or of a person having an interest in the permit, or on bankruptcy, receivership, or partnership dissolution, the receiver or successor in interest may apply to the county judge of the county where the licensed premises are located for certification that he is the receiver or successor in interest.  On certification, unless good cause for refusal is shown, the commission or administrator shall grant permission, by letter or otherwise, for the receiver or successor in interest to operate the business during the unexpired portion of the permit.  The permit may not be renewed, but the receiver or successor in interest may apply for an original permit or license.  A receiver or successor in interest operating for the unexpired portion of the permit is subject to the provisions of this code relating to suspension or cancellation of a permit.
Acts 1977, 65th Leg., p. 405, ch. 194, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 11 - Provisions Generally Applicable to Permits › Subchapter A. General Provisions › Section 11.11. Conduct Surety Bond

Sec. 11.11.  CONDUCT SURETY BOND.  (a)  Except as provided in Subsection (e) of this section, an applicant for a permit or a holder of a permit issued under:
(1)  Chapter 25, 28, or 32 of this code shall file with the commission a surety bond in the amount of $5,000 conditioned on the applicant's or holder's conformance with alcoholic beverage law;  or
(2)  Chapter 22, 24, 25, 26, 28, or 32 and whose place of business is within 1,000 feet of the property line of a public school shall file with the commission a surety bond in the amount of $10,000 conditioned on the applicant's or holder's conformance with alcoholic beverage law.
(b)  A surety bond required under this section shall contain the following statements on the face of the bond:
(1)  that the holder of the permit will not violate a law of the state relating to alcoholic beverages or a rule of the commission;  and
(2)  that the holder of the permit agrees that the amount of the bond shall be paid to the state if the permit is revoked or on final adjudication that the holder violated a provision of this code, regardless of whether the actions of an employee of a holder are not attributable to the holder under Section 106.14.
(c)  The commission shall adopt rules relating to the:
(1)  form of the surety bond;
(2)  qualifications for a surety;
(3)  method for filing and obtaining approval of the bond by the commission;  and
(4)  release or discharge of the bond.
(d)  A holder of a permit required to file a surety bond may furnish instead of all or part of the required bond amount:
(1)  one or more certificates of deposit assigned to the state issued by a federally insured bank or savings institution authorized to do business in this state;  or
(2)  one or more letters of credit issued by a federally insured bank or savings institution authorized to do business in this state.
(e)  A holder of a permit issued under this code who has held a permit for three years or more before the date the holder applied for renewal of the permit is not required to furnish a surety bond if the holder:
(1)  has not had a license or permit issued under this code revoked in the five years before the date the holder applied for renewal of the permit;
(2)  is not the subject of a pending permit or license revocation proceeding;  and
(3)  has continuously operated on the permitted premises for three years or more before the date the holder applied for renewal of the permit.
(f)  If a holder of a permit is exempt from furnishing a conduct surety bond under Subsection (e) of this section, the holder shall be exempt from furnishing the bond at another location where the holder applies for or holds a permit.
(g)  Repealed by Acts 1995, 74th Leg., ch. 607, Sec. 3, eff. Sept. 1, 1995.
Added by Acts 1993, 73rd Leg., ch. 934, Sec. 19, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 607, Sec. 1, 3, eff. Sept. 1, 1995.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 11 - Provisions Generally Applicable to Permits › Subchapter A. General Provisions › Section 11.12. Altering Form of Business Entity

Sec. 11.12.  ALTERING FORM OF BUSINESS ENTITY.  (a)  The holder of a permit issued under this chapter, including a food and beverage certificate, may alter the form of the business entity that holds the permit if the ownership of the newly created business entity is identical to the ownership of the former business entity.
(b)  Before the 10th day preceding the date the holder of the permit converts to a different form of business, the holder of the permit shall:
(1)  file notice with the commission on a form prescribed by the commission of the change in the form of the business entity;  and
(2)  pay a $100 fee for each permitted premises affected by the change in form of the business entity.
(c)  After satisfying the requirements of Subsection (b) and establishing the newly created business entity, that entity may use the permit and exercise any privileges granted by the permit.
Added by Acts 1997, 75th Leg., ch. 961, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle A - Permits › Chapter 11 - Provisions Generally Applicable to Permits › Subchapter A. General Provisions › Section 11.13. Certain Applications Prohibited

Sec. 11.13.  CERTAIN APPLICATIONS PROHIBITED.  (a)  This section applies only to a license or permit held in connection with an establishment located in a county with a population of 1.4 million or more for which a license or permit has been issued under Chapter 25 or 69 for the on-premises consumption of malt beverages exclusively or malt beverages and wine exclusively, other than a license or permit for an establishment holding a food and beverage certificate whose primary business being operated on the premises is food service.
(b)  Notwithstanding any other provision of this code, a person who is within the fourth degree by consanguinity or affinity of the current licensee or permittee, as determined under Chapter 573, Government Code, may not apply for any license or permit under this code in connection with an establishment the license or permit of which is suspended under Section 11.61 or 61.71 or in connection with an establishment against whose current licensee or permittee a charge of a violation of this code is pending.
(c)  Notwithstanding any other provision of this code, a person who is within the fourth degree by consanguinity or affinity of a licensee or permittee, as determined under Chapter 573, Government Code, whose license or permit was canceled under Section 11.61 or 61.71 may not, for a period of three years from the date of the cancellation, apply for a license or permit in connection with an establishment at the same location as the establishment whose license or permit was canceled.
(d)  In this section, "person" includes each member of a partnership or association and, with respect to a corporation, each officer and the owner or owners of a majority of the corporate stock.
Added by Acts 2005, 79th Leg., Ch. 452 (S.B. 1850), Sec. 1, eff. September 1, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 716 (H.B. 2348), Sec. 1, eff. June 15, 2007.
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 24, eff. September 1, 2021.
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 11.31. Application for Permit

Sec. 11.31.  APPLICATION FOR PERMIT.  All permits shall be applied for and obtained from the commission.
Acts 1977, 65th Leg., p. 405, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 25, eff. September 1, 2019.
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 11.32. Renewal Application

Sec. 11.32.  RENEWAL APPLICATION.  Renewal applications shall be made under oath and shall contain all information required by the commission or administrator showing that the applicant is qualified to hold the permit.  The application shall be accompanied by the required bond and state fee.  The commission or administrator may issue a renewal permit if it is found that the applicant is qualified.
Acts 1977, 65th Leg., p. 405, ch. 194, Sec. 1, eff. Sept. 1, 1977.
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 11.321. Administrative Penalty in Certain Counties

Sec. 11.321.  ADMINISTRATIVE PENALTY IN CERTAIN COUNTIES.  (a)  This section applies only to an original or renewal application made in connection with an establishment located in a county with a population of 1.4 million or more.
(b)  In addition to any other applicable civil or criminal penalty, the commission may impose an administrative penalty not to exceed $4,000 on a licensee or permittee who makes a false or misleading statement in an original or renewal application, either in the formal application itself or in any written instrument relating to the application submitted to the commission or its officers or employees, in connection with an establishment that is licensed or permitted under Chapter 25 or 69 for the on-premises consumption of malt beverages exclusively or malt beverages and wine exclusively, other than an establishment holding a food and beverage certificate whose primary business being operated on the premises is food service.
Added by Acts 2005, 79th Leg., Ch. 452 (S.B. 1850), Sec. 2, eff. September 1, 2005.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 26, eff. September 1, 2021.
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 11.33. Application Forms

Sec. 11.33.  APPLICATION FORMS.  All permit application forms shall be provided by the commission.
Acts 1977, 65th Leg., p. 406, ch. 194, Sec. 1, eff. Sept. 1, 1977.
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 11.34. Consolidated Application

Sec. 11.34.  CONSOLIDATED APPLICATION.  (a)  An applicant for a wholesaler's, class B wholesaler's, distiller's and rectifier's, or winery permit may consolidate in a single application the application for that permit and an application for any other permit the applicant is qualified to receive.
(b)  An applicant who files a consolidated application must pay the fee required by commission rule for each permit included in the application.
Acts 1977, 65th Leg., p. 406, ch. 194, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1979, 66th Leg., p. 2116, ch. 819, Sec. 2, eff. June 13, 1979;  Acts 1983, 68th Leg., p. 1341, ch. 278, Sec. 1, eff. Sept. 1, 1983.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 27, eff. September 1, 2021.
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 11.35. Payment of Fee

Sec. 11.35.  PAYMENT OF FEE.  (a)  Each permit 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 permit, or 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.
(b)  The commission may set a processing fee in an amount that is reasonably related to the expense incurred by the commission in processing the electronic payment.
Acts 1977, 65th Leg., p. 406, ch. 194, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1997, 75th Leg., ch. 1423, Sec. 1.02, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 1036, Sec. 1, eff. Sept. 1, 2001.
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 11.36. Refund of Fee

Sec. 11.36.  REFUND OF FEE.  The commission may not refund a permit fee except when the permittee is prevented from continuing in business because of a local option election or when an application for a permit is rejected by the commission or administrator.  As much of the proceeds from permit fees as is necessary may be appropriated for that purpose.
Acts 1977, 65th Leg., p. 406, ch. 194, Sec. 1, eff. Sept. 1, 1977.
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 11.37. Certification of Wet or Dry Status

Sec. 11.37.  CERTIFICATION OF WET OR DRY STATUS.  (a)  Not later than the 30th day after the date a prospective applicant for a permit 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 permit 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 permit 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 permit is sought is prohibited by charter or ordinance.
(c)  Once a permit 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. 406, ch. 194, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 2003, 78th Leg., ch. 1047, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 297 (H.B. 1959), Sec. 1, eff. September 1, 2011.
Acts 2019, 86th Leg., R.S., Ch. 241 (H.B. 1443), Sec. 1, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 28, eff. September 1, 2019.
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 11.39. Applicant to Publish Notice

Sec. 11.39.  APPLICANT TO PUBLISH NOTICE.  (a)  Every applicant for a distiller's and rectifier's, mixed beverage, private club registration, winery, wholesaler's, class B wholesaler's, or package store permit shall give notice of the application by 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 the city or town, the notice shall 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 the county, the notice shall be published in a qualified newspaper published in the closest neighboring county and circulated in the county of the applicant's residence.
(b)  The notice shall be printed in 10-point boldface type and shall include:
(1)  the type of permit to be applied for;
(2)  the exact location of the place of business for which the permit is sought;
(3)  the names of each owner of the business and, if the business is operated under an assumed name, the trade name together with the names of all owners;  and
(4)  if the applicant is a corporation, the names and titles of all officers.
(c)  An applicant for a renewal permit is not required to publish notice.
(d)  This section does not apply to:
(1)  an applicant for a nonprofit entity temporary event permit; or
(2)  commission authorization required to sell alcoholic beverages under Section 28.19.
Acts 1977, 65th Leg., p. 407, ch. 194, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1979, 66th Leg., p. 2117, ch. 819, Sec. 4, eff. June 13, 1979;  Acts 1981, 67th Leg., p. 1849, ch. 432, Sec. 1, eff. June 11, 1981;  Acts 1983, 68th Leg., p. 1342, ch. 278, Sec. 2, eff. Sept. 1, 1983;  Acts 2001, 77th Leg., ch. 191, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 31, eff. September 1, 2021.
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 11.391. Notice by Sign

Sec. 11.391.  NOTICE BY SIGN.  (a)  An applicant for a permit 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 permit 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 permit, 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 permit issued under Chapter 16, 19, 20, 22, 23, or 24.
Added by Acts 1985, 69th Leg., ch. 169, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1995, 74th Leg., ch. 1028, Sec. 1, eff. Sept. 1, 1995;  Acts 1999, 76th Leg., ch. 1109, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 159 (H.B. 1953), Sec. 1, eff. September 1, 2011.
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 32, eff. September 1, 2021.
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 11.392. Notice of Private Club Application or Renewal

Sec. 11.392.  NOTICE OF PRIVATE CLUB APPLICATION OR RENEWAL.  (a)  The commission shall give notice of an application for a permit or renewal of a permit issued under Chapter 32, an application for a permit issued under Section 30.09, or an application for a certificate or renewal of a certificate issued to the holder of a private club registration permit under Chapter 29 to:
(1)  the state senator and the state representative who represent the district in which the premises are located;
(2)  the municipal governing body, if the premises are located in an incorporated area, and the commissioners court of the county in which the premises are located; and
(3)  the chief of police of the municipality, if the premises are located in an incorporated area, and the sheriff of the county in which the premises are located.
(b)  Notwithstanding Section 11.39(c), the applicant for a private club permit renewal shall publish notice of the renewal application in a newspaper of general circulation in accordance with the requirements of Sections 11.39(a) and (b).
(c)  Notices provided under this section must be given not later than:
(1)  the fifth day after the date the application is filed;  or
(2)  the 31st day before the expiration date of a permit in the case of renewal.
(d)  This section does not apply to a fraternal or veterans organization or the holder of a food and beverage certificate.
Added by Acts 1995, 74th Leg., ch. 1060, Sec. 2, eff. Aug. 28, 1995.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 33, eff. September 1, 2021.
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 11.393. Notice by Mail

Sec. 11.393.  NOTICE BY MAIL.  (a)  Except as provided by Subsection (b), a person who submits an original application for a private club registration permit or a permit authorizing the retail sale of alcoholic 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 permit 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 permit 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 permit and type of business for which the applicant has applied;
(2)  the exact location of the place of business for which the permit 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. 1, eff. Sept. 1, 2001.
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 11.42. Statement of Stock Ownership

Sec. 11.42.  STATEMENT OF STOCK OWNERSHIP.  The commission at any time may require an officer of a corporation holding a permit to file a sworn statement showing the actual owners of the stock of the corporation, the amount of stock owned by each, the officers of the corporation, and any information concerning the qualifications of the officers or stockholders.
Acts 1977, 65th Leg., p. 408, ch. 194, Sec. 1, eff. Sept. 1, 1977.
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 11.431. Protest by Member of the Public

Sec. 11.431.  PROTEST BY MEMBER OF THE PUBLIC.  (a) A member of the public may protest an application for:
(1)  an original mixed beverage permit, private club registration permit, or wine and malt beverage retailer's permit if a sexually oriented business is to be operated on the premises to be covered by the permit;
(2)  any renewal of a mixed beverage permit, private club registration permit, or wine and malt beverage retailer's permit if a sexually oriented business is to be operated on the premises to be covered by the permit and a petition is presented to the commission requesting a hearing which is signed by 50 percent of the residents who reside within 300 feet of any property line of the affected premises;
(3)  a private club registration permit or a permit authorizing the retail sale of alcoholic beverages for on-premises consumption if the person resides within 300 feet of any property line of the premises for which the permit is sought; and
(4)  a mixed beverage permit or a wine and malt beverage retailer's permit in a municipality with a population of 1,500,000 or more if:
(A)  any point of the property line of the premise is less than 300 feet from the nearest point on a property line of a residence, church, school, hospital, day-care facility, or social service facility, as measured in a straight line; and
(B)  75 percent or more of the permittee's actual or anticipated gross revenue is from the sale of alcoholic beverages.
(b)  In addition to the situations described by Subsection (a), the commission by rule may authorize a member of the public to protest other permit 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. 34(b), eff. September 1, 2021.
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 11.432. Protest by Government Official

Sec. 11.432.  PROTEST BY GOVERNMENT OFFICIAL.  (a)  The following persons may protest an application for an alcoholic beverage permit:
(1)  a state senator, state representative, county commissioner, or city council member who represents the area in which the premises sought to be permitted are located;
(2)  the commissioners court of the county in which the premises sought to be permitted are located;
(3)  the county judge of the county in which the premises sought to be permitted are located;
(4)  the sheriff or county or district attorney of the county in which the premises sought to be permitted are located;
(5)  the mayor of the city or town in which the premises sought to be permitted 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 permit under this code.
Added by Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 34(a), eff. December 31, 2020.
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 11.44. Premises Ineligible for Permit or License

Sec. 11.44.  PREMISES INELIGIBLE FOR PERMIT OR LICENSE.  (a)  Except as provided by Subsection (c), if an order of suspension against a permit or license is pending or unexpired, or if the commission has initiated action to cancel or suspend a permit or license, no permit or license may be issued for or transferred to the same licensed premises.
(b)  The commission shall deny an application for a permit or license for any location of an applicant who submitted a prior application that expired or was voluntarily surrendered before the hearing on the application was held on a protest involving allegations of prostitution, a shooting, stabbing, or other violent act, or an offense involving drugs, trafficking of persons, or drink solicitation as described by Section 104.01 before the third anniversary of the date the prior application expired or was voluntarily surrendered.
(c)  The commission may issue an original permit or license covering an otherwise permitted or licensed premises under conditions described by Subsection (a) if:
(1)  the holder of the permit or license that is subject to the pending or unexpired suspension order or against which the cancellation or suspension action has been initiated has been evicted from the premises under a final, nonappealable court judgment; and
(2)  all other conditions for the issuance of the new permit or license covering the premises are met by the applicant.
Acts 1977, 65th Leg., p. 408, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 717 (H.B. 2350), Sec. 1, eff. September 1, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 515 (H.B. 2014), Sec. 1.01, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 419 (S.B. 409), Sec. 1, eff. September 1, 2013.
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 35, eff. December 31, 2020.
Acts 2021, 87th Leg., R.S., Ch. 78 (S.B. 195), Sec. 1, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 807 (H.B. 1540), Sec. 1, eff. September 1, 2021.
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 11.45. "Applicant" Defined

Sec. 11.45.  "APPLICANT" DEFINED.  The word "applicant," as used in Sections 11.46 through 11.48 of this code, also includes, as of the date of the application, each member of a partnership or association and, with respect to a corporation, each officer and the owner or owners of a majority of the corporate stock.  This section shall not be construed as prohibiting anything permitted by Section 22.06, 24.05, or 102.05 of this code.
Acts 1977, 65th Leg., p. 408, ch. 194, Sec. 1, eff. Sept. 1, 1977.
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 11.47. Denial of Permit: Interest in Malt Beverage Establishment

Sec. 11.47.  DENIAL OF PERMIT:  INTEREST IN MALT BEVERAGE ESTABLISHMENT.  The commission may deny an application for an original or renewal permit if it has reasonable grounds to believe and finds that the applicant or a person with whom the applicant is residentially domiciled has a financial interest in a permit or license authorizing the sale of malt beverages at retail, except as is authorized by Section 22.06, 24.05, or 102.05.  This section does not apply to an applicant for a permit which authorizes the sale of mixed beverages.
Acts 1977, 65th Leg., p. 409, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 37(a), eff. December 31, 2020.
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 37(b), eff. September 1, 2021.
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 11.48. Denial of Package Store or Mixed Beverage Permit

Sec. 11.48.  DENIAL OF PACKAGE STORE OR MIXED BEVERAGE PERMIT.  (a)  The commission may deny an application for an original or renewal mixed beverage permit if it has reasonable grounds to believe and finds that the applicant, directly or indirectly, or through a subsidiary, affiliate, agent, or employee, or through an officer, director, or firm member, owns an interest of any kind in the premises, business, or permit of a package store.
(b)  The commission may deny an application for an original or renewal package store permit if it has reasonable grounds to believe and finds that the applicant, directly or indirectly, through a subsidiary, affiliate, agent, or employee, or through an officer, director, or firm member, owns an interest of any kind in the premises, business, or permit of a mixed beverage establishment.
(c)  This section does not apply to anything permitted by Section 102.05.
Acts 1977, 65th Leg., p. 409, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 38, eff. December 31, 2020.
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 11.481. Refusal of Permit Authorizing On-Premises Consumption

Sec. 11.481.  REFUSAL OF PERMIT 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 permit 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 permit application was filed, a license or permit previously held under this code by the applicant, a person who owns the premises for which the permit is sought, or an officer of a person who owns the premises for which the permit 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 permit authorizing on-premises consumption for a location that also 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. 2, eff. June 17, 2011.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 39, eff. December 31, 2020.
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 40, eff. September 1, 2021.
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 11.495. Conformance of Premises With the Americans With Disabilities Act

Sec. 11.495.  CONFORMANCE OF PREMISES WITH THE AMERICANS WITH DISABILITIES ACT.  (a)  A permittee or licensee shall certify that any area to be designated as the premises where alcoholic beverages may be sold or served has been reviewed for compliance with Title III of the Americans with Disabilities Act of 1990.
(b)  Any permittee or licensee designating a premise for which this certification cannot be made shall be provided with information on compliance with the Americans with Disabilities Act by the commission.  The commission shall utilize materials produced by the United States Department of Justice, United States Department of Justice grantees, grantees of other federal agencies such as the National Institute on Disability and Rehabilitation Research, any agency of the State of Texas, trade associations of permittees or licensees, and other sources of a similar nature.
Added by Acts 1993, 73rd Leg., ch. 934, Sec. 22, eff. Sept. 1, 1993.
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 11.50. Licensing a Portion of a Building as Premises

Sec. 11.50.  LICENSING A PORTION OF A BUILDING AS PREMISES.  (a)  This section applies to a package store permit which was issued on or before April 1, 1971, and which was in good standing, not under suspension, and in actual operation and doing business on that date, unless temporarily prevented from operation by a natural disaster.  This section does not apply to a permit if a change in the size or location of the licensed premises has occurred subsequent to April 1, 1971, or if after that date a change in ownership has occurred, by majority stock transfer or otherwise, except by devise or descent where the holder of the permit died on or after April 1, 1971.
(b)  Notwithstanding any other provision of this code, the holder of a package store permit to which this section applies may continue to operate a package store on premises comprising a portion of a building if not later than November 28, 1971, he clearly defined the licensed premises by isolating it from the remainder of the building by the erection of a wall or screen so that the licensed premise is accessible from the remainder of the building only through a door or archway, eight feet or less in width, in the wall or screen.  The door or archway must be kept closed during the hours in which it is not legal to sell liquor.
(c)  If the right to continue operation under this exception terminates for any reason, the right shall not revive.
Acts 1977, 65th Leg., p. 410, ch. 194, Sec. 1, eff. Sept. 1, 1977.
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 11.51. Wholesalers May Share Delivery Vehicles

Sec. 11.51.  WHOLESALERS MAY SHARE DELIVERY VEHICLES.  Section 64.07 of this code relates to delivery vehicles shared by wholesalers.
Added by Acts 1987, 70th Leg., ch. 359, Sec. 2, eff. Aug. 31, 1987.