reglab/statecodes huggingface dataset:
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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 61.45. Denial of Retailer's or Distributor's License: Prohibited Interest in Premises

Sec. 61.45.  DENIAL OF RETAILER'S OR DISTRIBUTOR'S LICENSE: PROHIBITED INTEREST IN PREMISES.  (a)  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 owns or has an interest in the premises covered by a brewer's or distributor's license; or
(2)  the holder of a brewer's or distributor's license owns or has an interest in the premises sought to be licensed.
(b)  The commission may deny an application for a distributor's license if the commission has reasonable grounds to believe and finds that:
(1)  the applicant owns or has an interest in the premises covered by a retail dealer's license; or
(2)  a holder of a retail dealer's license owns or has an interest in the premises sought to be licensed.
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. 188(a), eff. December 31, 2020.
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 188(b), eff. September 1, 2021.
2023 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 61.46. Brewer's License: Grounds for Denial

Sec. 61.46.  BREWER'S LICENSE: GROUNDS FOR DENIAL.  (a)  This section applies to any applicant for a brewer's license, including a domestic corporation or foreign corporation qualified to do business in Texas, administrator or executor, or other person.  This section does not apply to a holder of a subsequent renewal of a license which was in effect on January 1, 1953, that authorized the license holder to manufacture a type of malt beverage.
(b)  The commission shall deny an application for a brewer's license if the commission has reasonable grounds to believe and finds that the applicant has failed to state under oath that it will engage in the business of brewing and packaging malt beverages in this state within three years after the issuance of its original license in sufficient quantities as to make its operation that of a bona fide brewer.
(c)  In the case of a corporate applicant, the statement shall be sworn to and subscribed by one of the corporation's principal officers.
Acts 1977, 65th Leg., p. 468, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 189, eff. September 1, 2021.
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 190, eff. September 1, 2021.
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 191(a), eff. December 31, 2020.
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 191(b), eff. September 1, 2021.
2023 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 61.48. Renewal Application

Sec. 61.48.  RENEWAL APPLICATION.  An application to renew a license shall be filed with the commission not earlier than the 30th day before the date the license expires but not after it expires.  The application shall be signed by the applicant and shall contain complete information required by the commission showing that the applicant is not disqualified from holding a license.  The application shall be accompanied by the appropriate license fee.  An applicant for a renewal may not be required to pay any fee other than license fees and the filing fee.
Acts 1977, 65th Leg., p. 468, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 763 (S.B. 1035), Sec. 10, eff. September 1, 2013.
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 192, eff. December 31, 2020.
2023 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 61.49. Action on Renewal Application by Commission; Refund of Fee

Sec. 61.49.  ACTION ON RENEWAL APPLICATION BY COMMISSION; REFUND OF FEE.  When the renewal application has been filed in accordance with Section 61.48, the commission shall follow the procedure under Section 11.43.
Acts 1977, 65th Leg., p. 468, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 763 (S.B. 1035), Sec. 11, eff. September 1, 2013.
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 193, eff. December 31, 2020.
2023 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 61.50. Renewal of Retail Dealer's License: Grounds for Denial

Sec. 61.50.  RENEWAL OF RETAIL DEALER'S LICENSE: GROUNDS FOR DENIAL.  The commission may deny an application for a renewal of a retail dealer's license and require the applicant to make an original application if it is found that circumstances exist which would warrant the denial of an original application under any pertinent provision of this code.
Acts 1977, 65th Leg., p. 468, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 194, eff. December 31, 2020.
2023 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 61.51. Premises Defined; Designation of Licensed Premises

Sec. 61.51.  PREMISES DEFINED;  DESIGNATION OF LICENSED PREMISES.  "Premises" is defined in Section 11.49 of this code.  The designating of licensed premises by license applicants is also covered by that section.
Acts 1977, 65th Leg., p. 469, ch. 194, Sec. 1, eff. Sept. 1, 1977.
2023 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 61.52. Administrative Penalty in Certain Counties

Sec. 61.52.  ADMINISTRATIVE PENALTY IN CERTAIN COUNTIES.  Section 11.321 applies to an original or renewal application for a retail dealer's on-premise license, other than a license with a food and beverage certificate, for an establishment located in a county with a population of 1.4 million or more.
Added by Acts 2005, 79th Leg., Ch. 452 (S.B. 1850), Sec. 6, eff. September 1, 2005.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle B - Licenses › Chapter 61 - Provisions Generally Applicable to Licenses › Subchapter C. Cancellation and Suspension of Licenses › Section 61.711. Retail Dealer: Conviction of Offense Relating to Discrimination

Sec. 61.711.  RETAIL DEALER:  CONVICTION OF OFFENSE RELATING TO DISCRIMINATION.  The commission or administrator may suspend for not more than 60 days or cancel an original or renewal retail dealer's on- or off-premise license if it is found after notice and hearing that:
(1)  the licensee has been finally convicted of any offense under a state or federal law or a municipal ordinance prohibiting the violation of an individual's civil rights or the discrimination against an individual on the basis of the individual's race, color, creed, or national origin;  and
(2)  the offense was committed on the licensed premises or in connection with the operation of the licensee's business.
Added by Acts 1979, 66th Leg., p. 1441, ch. 632, Sec. 2, eff. Aug. 27, 1979.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle B - Licenses › Chapter 61 - Provisions Generally Applicable to Licenses › Subchapter C. Cancellation and Suspension of Licenses › Section 61.712. Grounds for Cancellation or Suspension: Sales Tax

Sec. 61.712.  GROUNDS FOR CANCELLATION OR SUSPENSION: SALES TAX.  The commission may deny an application for a renewal license or, after notice and hearing, the commission or administrator may suspend for not more than 60 days or cancel a license if the commission or administrator finds that the licensee:
(1)  no longer holds a sales tax permit, if required, for the place of business covered by the license; or
(2)  is shown on the records of the comptroller of public accounts as being subject to a final determination of taxes due and payable under the Limited Sales, Excise and Use Tax Act (Chapter 151, Tax Code), or is shown on the records of the comptroller of public accounts as being subject to a final determination of taxes due and payable under Chapter 321, Tax Code.
Added by Acts 1979, 66th Leg., p. 1968, ch. 777, Sec. 7(a), eff. Aug. 27, 1979.  Amended by Acts 1981, 67th Leg., p. 1779, ch. 389, Sec. 32, eff. Jan. 1, 1982;  Acts 1989, 71st Leg., ch. 2, Sec. 14.27(a)(4), eff. Aug. 28, 1989.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 196, eff. December 31, 2020.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle B - Licenses › Chapter 61 - Provisions Generally Applicable to Licenses › Subchapter C. Cancellation and Suspension of Licenses › Section 61.713. Cancellation for Improper Display or Use of License

Sec. 61.713.  CANCELLATION FOR IMPROPER DISPLAY OR USE OF LICENSE.  Notwithstanding Section 61.76 or 61.761, the commission or administrator shall cancel an original or renewal license if it is found, after notice and hearing, that the licensee was convicted of an offense under Section 101.76.
Added by Acts 2015, 84th Leg., R.S., Ch. 424 (S.B. 367), Sec. 6, eff. September 1, 2015.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle B - Licenses › Chapter 61 - Provisions Generally Applicable to Licenses › Subchapter C. Cancellation and Suspension of Licenses › Section 61.72. Suspension or Cancellation: Retailer: Premises

Sec. 61.72.  SUSPENSION OR CANCELLATION:  RETAILER:  PREMISES.  Except for a violation of the credit or cash law, a penalty of suspension or cancellation of the license of a retail dealer shall be assessed against the license for the premises where the offense was committed.
Acts 1977, 65th Leg., p. 471, ch. 194, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle B - Licenses › Chapter 61 - Provisions Generally Applicable to Licenses › Subchapter C. Cancellation and Suspension of Licenses › Section 61.721. Cancellation of Permit or License in Certain Municipalities

Sec. 61.721.  CANCELLATION OF PERMIT OR LICENSE IN CERTAIN MUNICIPALITIES.  The commission or administrator may cancel an original or a renewal wine and malt beverage retailer's permit or retail dealer's on-premise license and the commission may deny an application for any new alcoholic beverage permit or license for the same premises for one year after the date of cancellation if:
(1)  the chief of police of the city or the sheriff of the county in which the premises are located has submitted a sworn statement to the commission stating specific allegations that the place or manner in which the permittee or licensee conducts its business endangers the general welfare, health, peace, morals, or safety of the community and further stating that there is a reasonable likelihood that such conduct would continue at the same location under another licensee or permittee; and
(2)  the commission finds, after notice and hearing within the county where the premises are located, that the place or manner in which the permittee or licensee conducts its business does in fact endanger the general welfare, health, peace, morals, or safety of the community and that there is a reasonable likelihood that such conduct would continue at the same location under another licensee or permittee.
Added by Acts 1993, 73rd Leg., ch. 139, Sec. 1, eff. May 16, 1993.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 197(a), eff. December 31, 2020.
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 197(b), eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle B - Licenses › Chapter 61 - Provisions Generally Applicable to Licenses › Subchapter C. Cancellation and Suspension of Licenses › Section 61.73. Retail Dealer: Credit Purchase or Dishonored Check

Sec. 61.73.  RETAIL DEALER: CREDIT PURCHASE OR DISHONORED CHECK.  (a)  The commission or administrator may suspend for not more than 60 days or cancel an original or renewal retail dealer's on- or off-premise license if it is found, after notice and hearing, that the licensee purchased malt beverages or the containers or original packages in which they are contained or packaged except by cash payment to the seller on or before delivery.  No holder of either type of license may use a maneuver, device, subterfuge, or shift by which credit is accepted, including payment or attempted payment by a postdated check or draft.  Credit for the return of unbroken or undamaged containers or original packages previously paid for by the purchaser may be accepted as cash by the seller in an amount not more than the amount originally paid for them by the purchaser.
(b)  The commission or administrator may suspend for not more than 60 days or cancel an original or renewal retail dealer's on- or off-premise license if it is found, after notice and hearing, that the licensee gave a check, as maker or endorser, or a draft, as drawer or endorser, as full or partial payment for malt beverages or the containers or packages in which they are contained or packaged, which is dishonored when presented for payment.
Acts 1977, 65th Leg., p. 471, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 198, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle B - Licenses › Chapter 61 - Provisions Generally Applicable to Licenses › Subchapter C. Cancellation and Suspension of Licenses › Section 61.75. Suspension of Brewer's License

Sec. 61.75.  SUSPENSION OF BREWER'S LICENSE.  If a brewer violates a provision of this code or a rule of the commission, the commission or administrator may order the brewer to cease and desist from the violation and may suspend its license, after notice and hearing, until the licensee obeys the order.
Acts 1977, 65th Leg., p. 472, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 200, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle B - Licenses › Chapter 61 - Provisions Generally Applicable to Licenses › Subchapter C. Cancellation and Suspension of Licenses › Section 61.76. Suspension Instead of Cancellation

Sec. 61.76.  SUSPENSION INSTEAD OF CANCELLATION.  When a cause for the cancellation of a license is prescribed by this code, the commission or administrator has the discretionary authority to suspend the license for not more than 60 days rather than to cancel the license.
Acts 1977, 65th Leg., p. 472, ch. 194, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle B - Licenses › Chapter 61 - Provisions Generally Applicable to Licenses › Subchapter C. Cancellation and Suspension of Licenses › Section 61.761. Alternatives to Suspension, Cancellation

Sec. 61.761.  ALTERNATIVES TO SUSPENSION, CANCELLATION.  Section 11.64 of this code relates to alternatives to the suspension or cancellation of a license.
Added by Acts 1977, 65th Leg., p. 1183, ch. 453, Sec. 8, eff. Sept. 1, 1977.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle B - Licenses › Chapter 61 - Provisions Generally Applicable to Licenses › Subchapter C. Cancellation and Suspension of Licenses › Section 61.77. Certain Acts Also Violations of Code

Sec. 61.77.  CERTAIN ACTS ALSO VIOLATIONS OF CODE.  Any act of omission or commission which is a ground for cancellation or suspension of a license under Section 61.71, 61.74, or 61.75 of this code is also a violation of this code, punishable as provided in Section 1.05 of this code, except that the penalty for making a false statement in an application for a license or in a statement, report, or other instrument to be filed with the commission, which is required to be sworn, is provided in Section 101.69 of this code.
Acts 1977, 65th Leg., p. 472, ch. 194, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle B - Licenses › Chapter 61 - Provisions Generally Applicable to Licenses › Subchapter C. Cancellation and Suspension of Licenses › Section 61.78. Violator Not Excused by Cancellation or Suspension

Sec. 61.78.  VIOLATOR NOT EXCUSED BY CANCELLATION OR SUSPENSION.  The cancellation or suspension of a license does not excuse the violator from the penalties provided in this code.
Acts 1977, 65th Leg., p. 472, ch. 194, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle B - Licenses › Chapter 61 - Provisions Generally Applicable to Licenses › Subchapter C. Cancellation and Suspension of Licenses › Section 61.79. Notice of Hearing: Denial, Cancellation, or Suspension of License

Sec. 61.79.  NOTICE OF HEARING: DENIAL, CANCELLATION, OR SUSPENSION OF LICENSE.  Section 11.63 applies to notice of a hearing for the denial, cancellation, or suspension of a license.
Acts 1977, 65th Leg., p. 473, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 201, eff. December 31, 2020.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle B - Licenses › Chapter 61 - Provisions Generally Applicable to Licenses › Subchapter C. Cancellation and Suspension of Licenses › Section 61.80. Hearing for Cancellation or Suspension of License

Sec. 61.80.  HEARING FOR CANCELLATION OR SUSPENSION OF LICENSE.  The commission or administrator, on the motion of either, may set a date for a hearing to determine if a license should be cancelled or suspended.  The commission or administrator shall set a hearing on the petition of the mayor or chief of police of the city or town in which the licensed premises are located or of the county judge, sheriff, or county attorney of the county in which the licensed premises are located.  The commission or administrator shall notify the licensee of the hearing and of his right to appear and show cause why his license should not be cancelled or suspended.
Acts 1977, 65th Leg., p. 473, ch. 194, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle B - Licenses › Chapter 61 - Provisions Generally Applicable to Licenses › Subchapter C. Cancellation and Suspension of Licenses › Section 61.81. Appeal From Cancellation or Suspension of License

Sec. 61.81.  APPEAL FROM CANCELLATION OR SUSPENSION OF LICENSE.  Section 11.67 applies to an appeal from a decision or order of the commission or administrator cancelling or suspending a license.
Acts 1977, 65th Leg., p. 473, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 202, eff. December 31, 2020.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle B - Licenses › Chapter 61 - Provisions Generally Applicable to Licenses › Subchapter C. Cancellation and Suspension of Licenses › Section 61.82. May Not Restrain Suspension Order

Sec. 61.82.  MAY NOT RESTRAIN SUSPENSION ORDER.  No suit of any nature may be maintained in a court of this state to restrain the commission or administrator or any other officer from enforcing an order of suspension issued by the commission or administrator.
Acts 1977, 65th Leg., p. 473, ch. 194, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle B - Licenses › Chapter 61 - Provisions Generally Applicable to Licenses › Subchapter C. Cancellation and Suspension of Licenses › Section 61.83. Cancellation or Suspension: When Effective

Sec. 61.83.  CANCELLATION OR SUSPENSION:  WHEN EFFECTIVE.  The manner in which the suspension or cancellation of a license takes effect is governed by Section 11.65 of this code.
Acts 1977, 65th Leg., p. 473, ch. 194, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle B - Licenses › Chapter 61 - Provisions Generally Applicable to Licenses › Subchapter C. Cancellation and Suspension of Licenses › Section 61.84. Activities Prohibited During Cancellation or Suspension

Sec. 61.84.  ACTIVITIES PROHIBITED DURING CANCELLATION OR SUSPENSION.  (a)  A person whose license is cancelled may not sell or offer for sale malt beverages for a period of one year immediately following the cancellation, unless the order of cancellation is superseded pending trial or unless the person prevails in a final judgment rendered on an appeal prosecuted in accordance with this code.
(b)  No person may sell or offer for sale an alcoholic beverage which he was authorized to sell under a license after the license has been suspended.  If it is established to the satisfaction of the commission or administrator at a hearing that an alcoholic beverage was sold on or from a licensed premise during a period of suspension, the commission or administrator may cancel the license.
Acts 1977, 65th Leg., p. 473, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 203, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle B - Licenses › Chapter 61 - Provisions Generally Applicable to Licenses › Subchapter C. Cancellation and Suspension of Licenses › Section 61.85. Disposal of Stock on Termination of License

Sec. 61.85.  DISPOSAL OF STOCK ON TERMINATION OF LICENSE.  (a)  A person whose license is cancelled or forfeited may, within 30 days of the cancellation or forfeiture, make a bulk sale or disposal of any stock of malt beverages on hand at the time of the cancellation or forfeiture.
(b)  The authority of the commission to promulgate rules relating to the disposal of beverages in bulk on the suspension or cancellation of a license or on the death, insolvency, or bankruptcy of a licensee is covered by Section 11.69 of this code.
Acts 1977, 65th Leg., p. 473, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 204, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle B - Licenses › Chapter 61 - Provisions Generally Applicable to Licenses › Subchapter C. Cancellation and Suspension of Licenses › Section 61.86. Discipline for Actions of Agent; Records Retention

Sec. 61.86.  DISCIPLINE FOR ACTIONS OF AGENT; RECORDS RETENTION.  (a)  The commission or administrator may suspend or revoke the license of a person who is the employer of or represented by an agent as described by Section 73.01 or otherwise discipline the person based on an act or omission of the agent only if an individual employed by the person in a supervisory position:
(1)  was directly involved in the act or omission of the agent;
(2)  had notice or knowledge of the act or omission; or
(3)  failed to take reasonable steps to prevent the act or omission.
(b)  The holder of a license who is represented by an agent shall maintain records relating to the agent's activities, including any representation agreement, employment records, or similar documents for not less than four years from the date the record is created.
Added by Acts 1999, 76th Leg., ch. 947, Sec. 2, eff. Sept. 1, 1999.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 205, eff. September 1, 2019.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle B - Licenses › Chapter 61 - Provisions Generally Applicable to Licenses › Subchapter C. Cancellation and Suspension of Licenses › Section 61.87. Affirmation of Compliance

Sec. 61.87.  AFFIRMATION OF COMPLIANCE.  A person who holds a license under Chapter 64 or 66 may not be subject to an administrative sanction for selling or delivering an alcoholic beverage to a retailer not authorized to purchase and receive the alcoholic beverage if the license holder:
(1)  reasonably believes that the retailer is authorized to purchase and receive that type of alcoholic beverage; and
(2)  obtains from the retailer at the time of delivery a written affirmation, which may be printed or stamped on a sales invoice evidencing the sale or delivery of alcoholic beverages by the license holder, that the retailer is authorized to purchase and receive the type of alcoholic beverage sold and delivered by the license holder.
Added by Acts 1999, 76th Leg., ch. 577, Sec. 2, eff. Sept. 1, 1999.  Renumbered from Sec. 61.86 by Acts 2001, 77th Leg., ch. 1420, Sec. 21.001(5), eff. Sept. 1, 2001.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 206, eff. September 1, 2019.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle B - Licenses › Chapter 62 - Brewer's License › Section 62.01. Authorized Activities

Sec. 62.01.  AUTHORIZED ACTIVITIES.  (a)  The holder of a brewer's license may:
(1)  brew malt beverages and distribute and sell the malt beverages in this state to the holders of general and branch distributor's licenses and to qualified persons outside the state;
(2)  dispense malt beverages for consumption on the premises;
(3)  bottle and can malt beverages and pack malt beverages into containers for resale in this state, regardless of whether the malt beverages are brewed in this state or in another state and imported into Texas;
(4)  conduct samplings of malt beverages, including tastings, at a retailer's premises; and
(5)  enter into an alternating brewery proprietorship or contract brewing arrangement as provided by Section 62.14.
(b)  An agent or employee of the holder of a brewer's license may open, touch, or pour malt beverages, make a presentation, or answer questions at a sampling event.
Acts 1977, 65th Leg., p. 474, ch. 194, Sec. 1, eff. Sept. 1, 1977.   Amended by Acts 1979, 66th Leg., p. 53, ch. 33, Sec. 1, eff. Aug. 27, 1979.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1073 (H.B. 2723), Sec. 8, eff. September 1, 2007.
Acts 2013, 83rd Leg., R.S., Ch. 1074 (H.B. 3307), Sec. 6, eff. September 1, 2013.
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 208, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle B - Licenses › Chapter 62 - Brewer's License › Section 62.015. Importation of Malt Beverages for Manufacture

Sec. 62.015.  IMPORTATION OF MALT BEVERAGES FOR MANUFACTURE.  (a)  The holder of a brewer's license may:
(1)  import for manufacturing purposes malt beverages from the holder of a nonresident brewer's license; and
(2)  mix and blend malt beverages imported under Subdivision (1) and bottle and sell the resultant product.
(b)  The state tax on malt beverages imported for manufacturing purposes does not accrue until:
(1)  the malt beverages have been used for manufacturing purposes; and
(2)  the resultant product has been placed in containers for sale.
Added by Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 209(b), eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle B - Licenses › Chapter 62 - Brewer's License › Section 62.03. Statement of Intention

Sec. 62.03.  STATEMENT OF INTENTION.  (a)  Except as provided by Section 62.14, each applicant for a brewer's license shall file with an application a sworn statement that the applicant will be engaged in the business of brewing and packaging malt beverages in this state in quantities sufficient to make the applicant's operation a bona fide brewer within three years of the issuance of the original license.  If the applicant is a corporation, the statement must be signed by one of its principal officers.  The commission may not approve an application unless it is accompanied by the required sworn statement.
(b)  This section does not apply to the holder of a license which was in effect on January 1, 1953, that authorized the license holder to manufacture a type of malt beverage.
Acts 1977, 65th Leg., p. 474, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2005, 79th Leg., Ch. 1182 (S.B. 1255), Sec. 5, eff. June 18, 2005.
Acts 2013, 83rd Leg., R.S., Ch. 763 (S.B. 1035), Sec. 12, eff. September 1, 2013.
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 210(a), eff. December 31, 2020.
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 210(b), eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle B - Licenses › Chapter 62 - Brewer's License › Section 62.04. Renewal of License During Preliminary Stages of Operation

Sec. 62.04.  RENEWAL OF LICENSE DURING PRELIMINARY STAGES OF OPERATION.  (a)  A renewal of a brewer's license may not be denied during the two-year period following the issuance of the original license on the ground that the licensee has not brewed and packaged malt beverages in this state if the licensee is engaged in good faith in constructing a brewing plant on the licensed premises or is engaged in one of the following preparatory stages of construction:
(1)  preliminary engineering;
(2)  preparing drawings and specifications;
(3)  conducting engineering, architectural, or equipment studies; or
(4)  preparing for the taking of bids from contractors.
(b)  During the three-year period following the issuance of a brewer's license, as long as the licensee is engaged in construction or in a preliminary stage of construction enumerated in Subsection (a), the commission shall issue each renewal license to take effect immediately on the expiration of the expiring license and shall not require the licensee to make an original application.
(c)  After two years and 11 months has expired following the issuance of an original brewer's license, the commission may not issue a renewal license if it finds that the licensee has not complied with the licensee's sworn statement filed with the original application or that the licensee has not begun construction of a plant or initiated any of the preliminary stages of construction enumerated in Subsection (a) unless the commission also finds that the licensee has been prevented from doing so by causes beyond the licensee's reasonable control.  If the commission finds that the licensee has been prevented from complying by causes beyond the licensee's reasonable control, it may grant one additional renewal for the licensee to comply with the terms of the licensee's sworn statement.  Otherwise, the commission shall deny the renewal application and may not grant a subsequent original application by the licensee for a period of two years following the date of the denial.
(d)  This section does not apply to the holder of a license that was in effect on January 1, 1953.
Acts 1977, 65th Leg., p. 475, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 211, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle B - Licenses › Chapter 62 - Brewer's License › Section 62.05. Records

Sec. 62.05.  RECORDS.  (a)  The holder of a brewer's license shall make and keep a record of each day's production or receipt of malt beverages and of every sale of malt beverages, including the name of each purchaser.  Each transaction shall be recorded on the day it occurs.  The licensee shall make and keep any other records that the commission or administrator requires.
(b)  All required records shall be kept available for inspection by the commission or its authorized representative during reasonable office hours for at least two years.
(c)  The failure to make or keep a record as required by this section, the making of a false entry in the record, or the failure to make an entry as required by this section is a violation of this code.
Acts 1977, 65th Leg., p. 475, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 212, eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle B - Licenses › Chapter 62 - Brewer's License › Section 62.07. Importation of Malt Beverages

Sec. 62.07.  IMPORTATION OF MALT BEVERAGES.  The holder of a brewer's license may import malt beverages into this state in barrels or other containers in accordance with the provisions of this code.
Acts 1977, 65th Leg., p. 476, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 213(a), eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 213(b), eff. September 1, 2021.
2023 Texas Statutes › Alcoholic Beverage Code › Title 3 - Licenses and Permits › Subtitle B - Licenses › Chapter 62 - Brewer's License › Section 62.08. Warehouses; Delivery Trucks

Sec. 62.08.  WAREHOUSES; DELIVERY TRUCKS.  (a)  The holder of a brewer's or distributor's license may maintain or engage necessary warehouses for storage purposes in areas where the sale of malt beverages is lawful and may make deliveries from the warehouses without obtaining licenses for them.  The licensee may not import malt beverages from outside the state directly or indirectly to an unlicensed warehouse.
(b)  A warehouse or railway car in which malt beverages are served, orders for the sale of malt beverages are taken, or money from the sale of malt beverages is collected is a separate place of business for which a license is required.
(c)  A truck operated by a licensed distributor for the sale and delivery of malt beverages to a licensed retail dealer at the dealer's place of business is not a separate place of business for which a license is required.
(d)  The commission shall promulgate rules governing the transportation of malt beverages, the sale of which is to be consummated at a licensed retailer's place of business.
(e)  The holder of a brewer's or distributor's license shall register with the commission each warehouse used by the brewer or distributor to store malt beverages.  The commission by rule shall determine the information that is required to register a warehouse under this subsection.
Acts 1977, 65th Leg., p. 476, ch. 194, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1979, 66th Leg., p. 53, ch. 33, Sec. 2, eff. Aug. 27, 1979.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 214(a), eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 214(b), eff. September 1, 2021.