reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 33 - LICENSING › Subchapter C - BONDS › Section 33.42 - Performance Bonds

Current through Reg. 49, No. 28; July 12, 2024
(a) This section
				  applies to performance bonds, which are the bonds required by Alcoholic
				  Beverage Code §
										RSA
				  11.61<subdiv>(b-1)</subdiv> and
				  § 61.71(l).
(b) The first
				  performance bond filed by a licensee or permittee with the commission as
				  prescribed under § 11.61(b-1) and §
										RSA
				  61.71<subdiv>(l)</subdiv> of the
				  Alcoholic Beverage Code shall be in the amount of $2,000. In the event the
				  first bond is forfeited to the commission, a licensee or permittee must file a
				  second bond with the commission as prescribed under those provisions in the
				  amount of $4,000 before a license or permit may be reinstated. In the event the
				  second bond is forfeited to the commission, a licensee or permittee must file a
				  third bond issued under those provisions in the amount of $6,000 before a
				  license or permit may be reinstated. If a permit or license that is secured by
				  a performance bond is cancelled, the performance bond in place at the time of
				  cancellation is forfeited to the commission.
(c) A permittee or licensee who is required
				  to file a performance 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 by a credit
				  union authorized to do business in this state; or
(2) one or more letters of credit issued by a
				  federally insured bank or credit union authorized to do business in this state.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 33 - LICENSING › Subchapter C - BONDS › Section 33.43 - When Excise Tax Bonds Are Necessary

Current through Reg. 49, No. 28; July 12, 2024
(a) This section is promulgated pursuant to
				  Alcoholic Beverage Code §
										RSA
				  5.31, relating to General Powers and Duties,
				  §204.01(g), relating to Bond Required, and §204.07, relating to
				  Waiver of Bond Requirement.
(b)
				  This section applies only to bonds required by §63.03 and Chapter 204 of
				  the Alcoholic Beverage Code.
(c)
				  The commission determines that it is no longer necessary or appropriate to
				  require that every applicant who is subject to Chapter 204 of the Alcoholic
				  Beverage Code furnish with its application the bond that is otherwise required
				  by that chapter.
(d) The commission
				  determines that it is necessary and appropriate to require that a bond under
				  Chapter 204 of the Alcoholic Beverage Code be furnished upon renewal of its
				  license or permit by a licensee or permittee who:
(1) is subject to Chapter 204 of the
				  Alcoholic Beverage Code; and
(2)
				  has not made, on or before the due date, a required payment of $500 or more for
				  a tax or fee imposed by the Alcoholic Beverage Code.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 33 - LICENSING › Subchapter C - BONDS › Section 33.44 - Excise Tax Bonds

Current through Reg. 49, No. 28; July 12, 2024
(a) Excise Tax Bond
				  Required.
(1) Each holder of a general
				  distributor's license, local distributor's permit , or branch distributor's
				  license, and each holder of a brewer's license acting under the authority of
				  Texas Alcoholic Beverage Code §
											RSA
				  62.122, who has not made, on or before the
				  due date, a required payment of $500 or more for a tax or fee imposed by the
				  Alcoholic Beverage Code shall furnish a bond to ensure the payment of the tax
				  on malt beverage imposed by the Texas Alcoholic Beverage Code, §
											RSA
				  203.01.
(2) Each holder of a winery permit who has
				  not made, on or before the due date, a required payment of $500 or more for a
				  tax or fee imposed by the Alcoholic Beverage Code shall furnish a bond to
				  ensure the payment of the tax on vinous liquor imposed by Texas Alcoholic
				  Beverage Code §
											RSA
				  201.04.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 33 - LICENSING › Subchapter C - BONDS › Section 33.45 - Bonds for Alternating Brewery Proprietorships and Contract Brewing Arrangements

Current through Reg. 49, No. 28; July 12, 2024
(a) This section
				  relates to Alcoholic Beverage Code §§
										RSA
				  11.71,
				  RSA
				  12.01<subdiv>(a)(6)</subdiv>,
				  RSA
				  13.04<subdiv>(c)</subdiv>,
				  RSA
				  61.41<subdiv>(d)</subdiv> and
				  RSA
				  62.01<subdiv>(a)(5)</subdiv>.
(b) A bond in the amount of $30,000 must be
				  posted with the commission by each applicant for or holder of a brewer's
				  license or nonresident brewer's license that:
(1) is a party to an alternating brewery
				  proprietorship or a contract brewing arrangement; and
(2) does not own a fee interest in a brewing
				  facility, whether domestic or foreign.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 33 - LICENSING › Subchapter D - APPLICATION REVIEW AND PROTESTS › Section 33.50 - Purpose and Authority

Current through Reg. 49, No. 28; July 12, 2024
This subchapter implements and is authorized by Alcoholic
					 Beverage Code §§
										RSA 11.43
					 through 11.432.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 33 - LICENSING › Subchapter D - APPLICATION REVIEW AND PROTESTS › Section 33.51 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following terms have the following meanings when used
					 in this subchapter:
(1) "Commission" -
				  the Texas Alcoholic Beverage Commission as an agency of the State of Texas, and
				  not to the Commissioners, either individually or as a body.
(2) "Complaint" - a written expression of
				  concern regarding a person or business that holds or has applied for a TABC
				  license or permit, or a person or business that the complainant believes is
				  violating the Alcoholic Beverage Code or laws related to alcoholic beverages.
				  Complaints are handled according to §31.11 (relating to Resolution and
				  Information on Complaints). A complaint is not a request for a contested case
				  hearing, does not itself initiate a legal proceeding, and does not afford any
				  legal rights or party status to the complainant. Any person can file a
				  complaint at any time.
(3)
				  "Protest" - a written request for an administrative contested case hearing in
				  which the protestant will participate as a party and present evidence to a
				  trier of fact to prove that a license or permit should not be issued or renewed
				  as proposed. A protest will only be granted if filed by a person with legal
				  standing and supported by reasonable grounds.
(4) "Reasonable grounds" - allegations or
				  concerns regarding a matter within the commission's jurisdiction that are
				  supported by credible evidence or information, and includes the circumstances
				  described in Alcoholic Beverage Code §§
										RSA 11.46
				  through 11.481, 61.42 through 61.46, and 61.50.
(5) "Received" - An application for a new
				  license or permit or a renewal is considered received on the date the
				  commission updates its public database to show the application as pending. An
				  application is designated as pending only when the application is complete,
				  meaning that the commission has received all required information and
				  fees.
(6) "SOAH" - the State Office
				  of Administrative Hearings.
(7)
				  "Uncontested" - An application is uncontested if no valid protests have been
				  timely filed or if all valid protests have been withdrawn.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 33 - LICENSING › Subchapter D - APPLICATION REVIEW AND PROTESTS › Section 33.53 - Applicable Rules

Current through Reg. 49, No. 28; July 12, 2024
Unless otherwise indicated, an application for a license or
					 permit is subject to the rules in effect as of the date the application is
					 received.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 33 - LICENSING › Subchapter D - APPLICATION REVIEW AND PROTESTS › Section 33.54 - Delegation of Application Approvals

Current through Reg. 49, No. 28; July 12, 2024
The commission delegates to the executive director or their
					 designee the authority to approve an uncontested license or permit application
					 pursuant to Alcoholic Beverage Code §
										RSA
					 11.43<subdiv>(d)</subdiv>.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 33 - LICENSING › Subchapter D - APPLICATION REVIEW AND PROTESTS › Section 33.55 - Conditional Approval

Current through Reg. 49, No. 28; July 12, 2024
(a) Unless the
				  exception in subsection (b) of this section applies, the commission shall not
				  issue a new license or permit until 15 days have elapsed since the commission
				  updated its public database to show the application as pending.
(b) If the executive director determines that
				  there is a compelling reason to issue a license or permit before 15 days have
				  elapsed since the commission updated its public database to show the
				  application as pending, the executive director may grant conditional approval
				  of the license or permit. If no valid protests are filed at the end of the
				  15-day period, the license or permit becomes approved by operation of law. If
				  one or more valid protests are filed before the time period for filing protests
				  has expired, the conditional approval is revoked and the executive director
				  shall provide notice of the revocation to the applicant.
(c) Approval of an application for a license
				  or permit is conditional until the payment of application fees has cleared. If
				  a financial instrument is returned for insufficient funds, or there is any
				  other failure of fee payment, and the applicant fails to remit required fees
				  within ten (10) business days of the agency's request for payment, the
				  application may be considered withdrawn by the applicant pursuant to section
				  33.57 of this title. If the
				  application is considered withdrawn, conditional approval is revoked, and the
				  executive director shall provide notice of the revocation to the applicant.
				  Revocation of conditional approval for a renewal application results in
				  expiration of the license or permit and the applicant must re-apply and pay the
				  fees for an original license or permit application.
(d) An applicant who chooses to proceed with
				  operations while subject to a conditional approval does so at its own risk of
				  loss in the event that the conditional approval is revoked and it fails to
				  obtain or maintain the necessary license or permit. If an applicant fails to
				  obtain the license or permit following conditional approval, the commission
				  shall refund fees paid pursuant to section
				  33.25 of this title.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 33 - LICENSING › Subchapter D - APPLICATION REVIEW AND PROTESTS › Section 33.56 - Alternative Dispute Resolution

Current through Reg. 49, No. 28; July 12, 2024
(a) At
				  any time prior to or during a contested case hearing, any party in a
				  disciplinary matter may request referral to alternative dispute resolution
				  (ADR).
(b) Parties may agree to
				  mediate a dispute through a mediator employed by the State Office of
				  Administrative Hearings or through a private mediator. Mediation through SOAH
				  is subject to SOAH's rules for mediation (Title 1 Texas Administrative Code);
				  the Administrative Procedure Act (Tex. Gov't Code Ch. 2001); laws relating to
				  SOAH administrative procedure in Tex. Gov't Code Ch. 2003; and Tex. Gov't Code
				  Ch. 2009, relating to ADR for use by governmental bodies.
(c) If the parties elect to use a private
				  mediator:
(1) the participants must
				  unanimously agree to use a private mediator;
(2) the participants must unanimously agree
				  to the selection of the person to serve as the mediator; and
(3) the mediator must agree to be subject to
				  all time limits imposed by the executive director, the administrative law
				  judge, statute, or regulation.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 33 - LICENSING › Subchapter D - APPLICATION REVIEW AND PROTESTS › Section 33.57 - Application Withdrawn

Current through Reg. 49, No. 28; July 12, 2024
(a) An applicant
				  may withdraw its application at any time prior to issuance or renewal of the
				  license or permit that is the subject of the application or the denial of the
				  application.
(b) If an applicant
				  fails to respond to requests from the TABC for additional information or for
				  remittance of a license or permit fee within ten (10) business days of the
				  request, the TABC may consider the application withdrawn by the
				  applicant.
(c) An application that
				  is withdrawn is not considered denied and may be refiled at any time.
				  Withdrawal of an application, whether affirmatively by the applicant or due to
				  the applicant's failure to respond to requests for information or fees, does
				  not trigger the right to appeal or any other due process rights.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 33 - LICENSING › Subchapter D - APPLICATION REVIEW AND PROTESTS › Section 33.58 - Management Review

Current through Reg. 49, No. 28; July 12, 2024
(a) At any time,
				  the executive director or person to whom he or she delegates authority may
				  place a management review on a license or permit, address, or person so that
				  upon receipt of an application, an issue of concern within the agency's
				  jurisdiction is addressed.
(b) An
				  application remains pending until the management review is resolved and
				  removed.
(c) A license or permit
				  holder may continue to operate under its current license or permit while a
				  management review related to its renewal application is pending.
(d) A license or permit holder may not
				  surrender its existing license or permit while it is subject to a management
				  review but may withdraw its renewal application.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 33 - LICENSING › Subchapter D - APPLICATION REVIEW AND PROTESTS › Section 33.59 - Denial of Application after Referral of Protest for Hearing

Current through Reg. 49, No. 28; July 12, 2024
(a) In the event that a valid protest results
				  in referral for hearing under Alcoholic Beverage Code §
										RSA
				  11.43<subdiv>(f)</subdiv> and
				  that the executive director subsequently identifies at least one legal ground
				  to deny the application, the executive director shall request that the
				  application be remanded to the commission from the State Office of
				  Administrative Hearings and upon remand, shall recommend to the commission that
				  the application be denied, as required by Alcoholic Beverage Code §
										RSA
				  11.43<subdiv>(g)</subdiv>.
(b) Concurrent with the request for remand
				  from SOAH, the executive director shall provide notice to each protestant that:
(1) the executive director will be
				  recommending denial of the application to the commission;
(2) the case will be remanded to TABC for
				  processing under §11.43(g),
et seq;
(3) if the applicant does not request a
				  hearing on the denial recommendation, the application will be sent to the
				  commission for a vote on denial; and
(4) if the applicant requests a hearing on
				  the denial recommendation or the commission declines to deny the permit, the
				  application shall be referred to SOAH for a hearing in which the protestant(s)
				  are parties.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 33 - LICENSING › Subchapter D - APPLICATION REVIEW AND PROTESTS › Section 33.60 - Request for Hearing on Recommendation of Application Denial

Current through Reg. 49, No. 28; July 12, 2024
(a) If the executive director recommends
				  denial of an application for a license or permit, notice of the recommendation
				  shall be transmitted to the applicant by the commission.
(b) An applicant may request an
				  administrative hearing on the executive director's denial recommendation by
				  filing a written request for hearing with the commission within thirty (30)
				  days of the date on the notice of the denial recommendation.
(c) A request for hearing under this section
				  must be filed by mail to Texas Alcoholic Beverage Commission, ATTN: Clerk, P.O.
				  Box 13127, Austin, Texas, 78711 or by electronic mail to
				  clerk@tabc.texas.gov.
(d) If the
				  applicant files a timely request for hearing, the executive director will refer
				  the application to SOAH for a hearing pursuant to Alcoholic Beverage Code
				  §
										RSA
				  11.43<subdiv>(h)</subdiv>.
(e) If the applicant does not file a timely
				  request for hearing, the recommendation for denial of the application will be
				  set for consideration by the commission at the next available regular
				  commission meeting.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 33 - LICENSING › Subchapter D - APPLICATION REVIEW AND PROTESTS › Section 33.61 - Commission Action on Contested Applications

Current through Reg. 49, No. 28; July 12, 2024
(a) This section applies to the application
				  review process in Alcoholic Beverage Code §§
										RSA
				  11.43<subdiv>(h)</subdiv> and
				  RSA
				  61.31<subdiv>(b)</subdiv>.
(b) Except as provided by subsection (c) of
				  this section, the executive director shall place all proposals for decision
				  issued by an administrative law judge under Alcoholic Beverage Code §
										RSA
				  11.43<subdiv>(h)</subdiv> on a
				  consent agenda for commission vote. If the commission votes to approve a
				  contested application by consent, the executive director shall issue the
				  license or permit.
(c) The
				  executive director shall set a proposal for decision issued by an
				  administrative law judge under Alcoholic Beverage Code §
										RSA
				  11.43<subdiv>(h)</subdiv> for
				  individual consideration on the commission's regular agenda at the request of:
(1) the presiding officer of the commission;
				  or
(2) at least two commission
				  members.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 33 - LICENSING › Subchapter D - APPLICATION REVIEW AND PROTESTS › Section 33.62 - Filing a Protest of a License or Permit Application

Current through Reg. 49, No. 28; July 12, 2024
(a) A protest of a license or permit
				  application must be:
(1) filed by a person or
				  persons with legal standing to contest the issuance or renewal of the license
				  or permit under Alcoholic Beverage Code §§
											RSA 11.431,
				  RSA 11.432,
				  RSA 61.313,
				  or
				  RSA
				  61.314;
(2) timely filed according to subsection (b)
				  of this section;
(3) in
				  writing;
(4) submitted in at least
				  one of the following manners:
(A) through the
				  TABC's online protest tool, if available;
(B) by mailing either a completed TABC
				  protest form, available on the TABC website, or a letter that meets the
				  requirements of subsection (c), below, to the Texas Alcoholic Beverage
				  Commission, ATTN: Licensing Protest Coordinator, P.O. Box 13127, Austin, Texas,
				  78711; or
(C) by e-mailing either a
				  completed TABC protest form, available on the TABC website, or a letter that
				  meets the requirements of subsection (c) of this section to the protest email
				  address for the TABC Region in which the applicant premises is located, as
				  follows:
(i)
				  Protests_Reg1@tabc.texas.gov
(ii)
				  Protests_Reg2@tabc.texas.gov
(iii)
				  Protests_Reg3@tabc.texas.gov
(iv)
				  Protests_Reg4@tabc.texas.gov; or
(v) Protests_Reg5@tabc.texas.gov;
				  and
(5)
				  complete, including all information required by this rule.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 33 - LICENSING › Subchapter D - APPLICATION REVIEW AND PROTESTS › Section 33.63 - Withdrawal of Protest

Current through Reg. 49, No. 28; July 12, 2024
(a) A protestant
				  may withdraw their protest at any time prior to the commission's final
				  decision. Withdrawal of a protest may not be subject to any
				  conditions.
(b) A withdrawal of a
				  protest must be submitted in writing to the Texas Alcoholic Beverage
				  Commission, ATTN: Licensing Protest Coordinator, P.O. Box 13127, Austin, Texas,
				  78711, or to the protest email address for the TABC Region in which the
				  applicant premises is located, as follows:
(1) Protests_Reg1@tabc.texas.gov
(2) Protests_Reg2@tabc.texas.gov
(3) Protests_Reg3@tabc.texas.gov
(4) Protests_Reg4@tabc.texas.gov;
				  or
(5)
				  Protests_Reg5@tabc.texas.gov.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 33 - LICENSING › Subchapter E - EVENTS AT A TEMPORARY LOCATION › Section 33.70 - Scope and Applicability

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  This subchapter relates to Chapters
				  14,
				  16,
				  25,
				  28,
				  30,
				  32, and
				  69 of the
				  Alcoholic Beverage Code.
(b) Except
				  where otherwise specified, rules in this subchapter apply to all temporary
				  events, including those requiring Temporary Event Approvals, Nonprofit Entity
				  Temporary Event Permits, and File and Use Notifications ("event
				  authorizations").
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 33 - LICENSING › Subchapter E - EVENTS AT A TEMPORARY LOCATION › Section 33.71 - Classification of Event Authorizations

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  A File and Use Notification does not require prior approval of the commission
				  and may be used only if:
(1) the estimated
				  total wholesale value of the alcohol to be provided or sold at the event is
				  less than $10,000;
(2) the
				  estimated attendance at the event is not more than 500 persons;
(3) the event is private and not open to the
				  general public;
(4) the event is
				  not sponsored by a member of the wholesale tier or the manufacturing tier,
				  unless the event is conducted pursuant to Chapters
				  14 or
				  16 of the
				  Alcoholic Beverage Code; and
(5)
				  the owner of the premises where the event will be held has authorized the sale
				  or service of alcohol at the event.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 33 - LICENSING › Subchapter E - EVENTS AT A TEMPORARY LOCATION › Section 33.72 - Term of Authorization; Annual Limitation on Authorizations

Current through Reg. 49, No. 28; July 12, 2024
(a) Temporary Event Approvals and File and
				  Use Notifications shall be effective for no more than four consecutive days,
				  except as provided by subsection (b) of this section.
(b) Temporary Event Approvals issued to
				  holders of a mixed beverage permit for events conducted in accordance with
				  Alcoholic Beverage Code §
										28.20 may be
				  effective for:
(1) no more than five
				  consecutive days; or
(2) up to six
				  consecutive days if necessary to accommodate the postponement of a scheduled
				  racing event due to an act of nature.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 33 - LICENSING › Subchapter E - EVENTS AT A TEMPORARY LOCATION › Section 33.73 - General Provisions

Current through Reg. 49, No. 28; July 12, 2024
(a) All wine sold
				  or possessed with the intention to sell at an event held in an area where the
				  sale of that type of alcohol has not been authorized by a local option election
				  must comply with the terms of §
										RSA
				  16.011 of the Alcoholic Beverage
				  Code.
(b) A copy of the File and
				  Use Notification form that was filed with the commission, Nonprofit Entity
				  Temporary Event Permit, or Temporary Event Approval and diagram must be
				  displayed in a conspicuous place at the location of the event at all times
				  during the event.
(c) The
				  commission may deny authorization under this subchapter if:
(1) the information required to be submitted
				  is incomplete or inaccurate;
(2)
				  the person requesting the authorization does not qualify for the
				  authorization;
(3) the event does
				  not qualify for the authorization; or
(4) there is reason to believe that granting
				  the authorization will:
(A) result in a
				  violation of the Alcoholic Beverage Code or the rules of the commission;
				  or
(B) be otherwise detrimental to
				  the public.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 33 - LICENSING › Subchapter E - EVENTS AT A TEMPORARY LOCATION › Section 33.74 - Late Filing Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) A request
				  for Temporary Event Approval or application for a Nonprofit Entity Temporary
				  Event Permit filed under this subchapter must be filed at least ten business
				  days prior to the event date to avoid a late filing fee. If the request or
				  application is filed less than ten business days prior to the event date, it
				  must be accompanied by the appropriate late filing fee set forth below, in
				  addition to any other applicable fees.
(b) A late filing fee is required for a
				  request for Temporary Event Approval or application for a Nonprofit Entity
				  Temporary Event Permit as follows:
(1) a late
				  filing fee of $300 is required for applications submitted seven to nine
				  business days before the event for which the approval or permit is
				  requested.
(2) a late filing fee of
				  $500 is required for applications submitted four to six business days before
				  the event for which the approval or permit is requested.
(3) a late filing fee of $900 is required for
				  applications submitted one to three business day(s) before the event for which
				  the approval or permit is requested.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 33 - LICENSING › Subchapter E - EVENTS AT A TEMPORARY LOCATION › Section 33.75 - Penalties and Suspension

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Persons or entities issued a temporary permit or authorization under this
				  chapter must comply with all requirements of the Alcoholic Beverage Code and
				  commission rules applicable to holders of primary retail-tier permits and
				  licenses including, but not limited to, statutes related to the sale, service,
				  possession, distribution, transportation, and advertising of alcoholic
				  beverages in Chapters 104-108 of the Code.
(b) The executive director may cancel an
				  authorization under this subchapter for violation of the Alcoholic Beverage
				  Code or commission rules occurring during the temporary event covered by the
				  authorization, regardless of the expiration of the temporary
				  authorization.
(c) The executive
				  director may temporarily suspend an applicant's right to apply for a temporary
				  authorization for violations of offenses against the general welfare under
				  §
										RSA
				  35.31 of this title that occur in connection
				  with the use of a temporary authorization.
(d) The executive director may assess an
				  administrative penalty for violations of the of the Alcoholic Beverage Code or
				  commission rules for events authorized under this subchapter in the same manner
				  as for two-year permits and licenses under chapter 34 of this title.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 33 - LICENSING › Subchapter E - EVENTS AT A TEMPORARY LOCATION › Section 33.76 - File and Use Notifications

Current through Reg. 49, No. 28; July 12, 2024
(a) To
				  qualify to use a File and Use Notification, the notification must include:
(1) all information requested by the
				  commission; and
(2) a sworn
				  statement that:
(A) the estimated total
				  wholesale value of the alcohol to be provided or sold at the event is less than
				  $10,000;
(B) the estimated
				  attendance at the event is not more than 500 persons;
(C) the event is private, and not open to the
				  general public;
(D) the event is
				  not sponsored by a member of the wholesale tier or the manufacturing tier,
				  unless the event is conducted pursuant to Chapters
				  14 or
				  16 of the
				  Alcoholic Beverage Code;
(E) the
				  owner of the premises where the event will be held has authorized the sale or
				  service of alcohol at the event; and
(F) verifies the wet/dry status of the
				  governing jurisdiction where the event will be
				  held.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 33 - LICENSING › Subchapter E - EVENTS AT A TEMPORARY LOCATION › Section 33.77 - Request for Temporary Event Approval

Current through Reg. 49, No. 28; July 12, 2024
(a) A request for Temporary Event Approval
				  shall be made on forms provided by the commission and shall be signed and sworn
				  to by the requestor.
(b) The
				  requestor shall e-mail the completed Temporary Event Approval request form to
				  the Events email address for the TABC Region in which the event will be held
				  or, if the requestor holds another TABC permit or license, shall submit the
				  request form through the TABC online portal.
(c) The requestor shall remit payment of any
				  late filing fees required by § 33.74 of this title at the time the request
				  is filed.
(d) In addition to the
				  request form, other documents related to the event that may be required include
				  a letter from the property owner, sponsorship agreements, promoter agreements,
				  concession agreements, management agreements, diagrams, site maps, local
				  governmental authorization (including wet/dry status), and any other documents
				  needed to determine qualification under the Alcoholic Beverage Code.
(e) If the event is approved, the commission
				  shall issue a Temporary Event Approval showing on its face the effective dates
				  approved for the event.
(f) Upon
				  written notice to the commission, the effective dates for a racing event
				  conducted pursuant to Alcoholic Beverage Code §
										28.20 may be
				  extended if necessary to accommodate the postponement of a scheduled racing
				  event due to an act of nature. The effective dates may not exceed six
				  consecutive days, as provided in §28.20(c).
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 33 - LICENSING › Subchapter E - EVENTS AT A TEMPORARY LOCATION › Section 33.78 - Nonprofit Entity Temporary Events

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  A Nonprofit Entity Temporary Event Permit shall only be issued to a nonprofit
				  entity as defined by Alcoholic Beverage Code §
										RSA
				  30.01.
(b) An application for a Nonprofit Entity
				  Temporary Event Permit shall be made on forms provided by the commission and
				  shall be signed and sworn to by the applicant.
(c) The requestor shall e-mail the completed
				  Nonprofit Entity Temporary Event Permit application forms to the Events email
				  address for the TABC Region in which the event will be held.
(d) The applicant shall remit payment of fees
				  at the time the application is filed. The fee for a Nonprofit Entity Temporary
				  Event Permit is $50 per day.
(e) In
				  addition to the application forms, other documents related to the event that
				  may be required include a letter from the property owner, sponsorship
				  agreements, promoter agreements, concession agreements, management agreements,
				  diagrams, site maps, local governmental authorization, and any other documents
				  needed to determine qualification under the Alcoholic Beverage Code.
(f) If the event is approved, the commission
				  shall issue to the applicant a Nonprofit Entity Temporary Event Permit showing
				  on its face the effective dates of the permit.
(g) Permit holders may sell any alcoholic
				  beverage authorized by law to be sold where the event is to be held.
(h) Permit holders must purchase distilled
				  spirits for Nonprofit Entity Temporary Events from a local distributor permit
				  holder.
(i) A nonprofit entity is
				  not limited in the number of events it may hold under this section in a
				  calendar year, except for certain events in dry areas as provided by Alcoholic
				  Beverage Code § 30.09.
(j)
				  Events in dry counties must comply with Alcoholic Beverage Code §
				  30.09.
(k) Auction-only Events.
(1) Subsections (d) - (h) of this section do
				  not apply to a Nonprofit Temporary Event at which alcoholic beverages are
				  auctioned but not otherwise sold or served to a consumer.
(2) Events under this subsection do not
				  require prior approval and are not subject to late fees.
(3) The holder of a Nonprofit Entity
				  Temporary Event Permit may conduct an auction on the licensed premises of
				  another only if:
(A) all alcohol auctioned is
				  stored separately from other alcohol stored, sold, or served by the permittee;
				  and
(B) all alcohol auctioned,
				  whether sold or unsold, is removed from the licensed premises immediately
				  following the event.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 33 - LICENSING › Subchapter E - EVENTS AT A TEMPORARY LOCATION › Section 33.79 - Serving Alcoholic Beverages at Fundraising Events

Current through Reg. 49, No. 28; July 12, 2024
(a) This section applies to the use of
				  alcoholic beverages at fundraising events held by or benefitting charitable,
				  religious, political, and civic organizations.
(b) An organization may provide free
				  alcoholic beverages at an event under this section without first obtaining a
				  temporary authorization only if the alcoholic beverages are offered free of
				  charge upon the request of any non-intoxicated person at least 21 years of age,
				  regardless of whether the person has paid a membership fee, entrance fee, door
				  charge, meal charge, ticket price, or any other fee for the event. The
				  organization shall not request donations or tips or otherwise receive money in
				  exchange for alcoholic beverages served.
(c) An organization providing free alcoholic
				  beverages under subsection (b) of this section may:
(1) serve donated alcoholic beverages;
(2) receive donations in cash or
				  of alcoholic beverage products;
(3)
				  enter into sponsorship or underwriting agreements with members of the alcoholic
				  beverage industry, including agreements for advertising, signage, and product
				  exclusivity; and
(4) offer free
				  alcoholic beverages to the general public outside of the event, but condition
				  entry into the event on payment of a donation or fee.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 33 - LICENSING › Subchapter E - EVENTS AT A TEMPORARY LOCATION › Section 33.80 - Temporary Events Authorized Under a Mixed Beverage Permit

Current through Reg. 49, No. 28; July 12, 2024
(a) The holder of a mixed beverage permit may
				  hold an event at a temporary location subject to all rules applicable to the
				  mixed beverage permit.
(b) An event
				  under this section may be authorized by a File and Use Notification if it meets
				  the requirements of 16 TAC § 33.71(a) of this subchapter, or by a
				  Temporary Event Approval.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 33 - LICENSING › Subchapter E - EVENTS AT A TEMPORARY LOCATION › Section 33.81 - Purchase of Alcoholic Beverages for a Temporary Event

Current through Reg. 49, No. 28; July 12, 2024
(a) This section applies to holders of Mixed
				  Beverage Permits when selling alcoholic beverages at an event authorized by a
				  Temporary Event Approval or under a File and Use Notification.
(b) Except as provided by subsection (c) of
				  this section, a Mixed Beverage Permit holder purchasing alcoholic beverages for
				  an event at a temporary location in a county other than the county in which the
				  premises covered by its primary permit is located must:
(1) purchase the alcoholic beverages from a
				  seller authorized under this code to sell the alcoholic beverages to members of
				  the retail tier in the county in which the permit holder sells the alcoholic
				  beverages under this section; and
(2) keep a record of the amount of alcoholic
				  beverages purchased and sold under this section, by type, for no less than two
				  years following the last day of the event.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 33 - LICENSING › Subchapter F - LICENSE AND PERMIT ACTION › Section 33.90 - Renewal of Licenses and Permits after Expiration

Current through Reg. 49, No. 28; July 12, 2024
For a renewal application, failure to submit any requested
					 information, corrections, forms, or fees within fourteen days of demand will
					 constitute non-compliance with Alcoholic Beverage Code §
										RSA
					 6.04 and this rule, resulting in the
					 expiration of the license or permit due to the insufficiency of the
					 application.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 33 - LICENSING › Subchapter F - LICENSE AND PERMIT ACTION › Section 33.91 - Administrative Inactivation, Reinstatement and Renewal of a License or Permit

Current through Reg. 49, No. 28; July 12, 2024
(a) This section implements Alcoholic
				  Beverage Code §
										RSA 11.44 and
				  § 102.32(d-1) and clarifies procedures related to administrative
				  inactivation involving either voluntary or involuntary suspensions.
(b) Administrative inactivation refers to the
				  placing of a license or permit in administrative suspense under this section
				  and without a due process hearing. During administrative inactivation (whether
				  voluntary or involuntary), the license or permit holder may not engage in any
				  authorized activities allowed under that license or permit. The term of the
				  license or permit will not be tolled during administrative inactivation but
				  will expire on the date indicated on the face of the license or permit.
(c) Unless otherwise disqualified
				  or provided for by this section, the commission may, without a hearing,
				  administratively inactivate and place in administrative suspense a license or
				  permit upon receipt of an affidavit by the landlord, on a form prescribed by
				  the executive director, that the premises has been abandoned by the licensee or
				  permittee and that the licensee or permittee no longer has any interest in the
				  premises.
(d) The commission may
				  without a hearing administratively inactivate and place in administrative
				  suspense a license or permit if the commission receives a final, non-appealable
				  court judgment of eviction concerning against a permitted or licensed premises
				  that is subject to a pending or unexpired suspension order or for which a
				  cancellation or suspension action has been initiated.
(e) The commission may, without a hearing,
				  administratively inactivate and place in administrative suspense a license or
				  permit if the license or permit holder is delinquent in the payment of an
				  account for liquor under Code §102.32 and either subsection (c) or (d) of
				  this section applies. The Commission may not accept the voluntary cancellation
				  or suspension of a license or permit or allow a license or permit to be renewed
				  or transferred if the license or permit holder is delinquent in the payment of
				  an account for liquor under §
										RSA 102.32 of
				  the Texas Alcoholic Beverage Code.
(f) The commission may, but is not required
				  to, administratively inactivate and place in voluntary suspense a license or
				  permit if no administrative action is pending against the license or permit and
				  either:
(1) the actual license or permit is
				  submitted by the license or permit holder; or
(2) a sworn statement is submitted by the
				  license or permit holder stating that the actual license or permit is
				  unavailable for surrender and why.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 33 - LICENSING › Subchapter F - LICENSE AND PERMIT ACTION › Section 33.92 - Notification of Expired or Suspended Licenses and Permits

Current through Reg. 49, No. 28; July 12, 2024
(a) This rule refers to §§
										RSA
				  11.091<subdiv>(b)</subdiv> and
				  RSA
				  61.031<subdiv>(b)</subdiv> of the
				  Alcoholic Beverage Code.
(b)
				  Notification to wholesalers of expired or suspended licenses or permits shall
				  be by electronic publication of such information on the commission's Internet
				  web page.
(c) For purposes of the
				  above referenced sections, an expired license or permit shall be one which has
				  ceased to be active because of the operation of time and for which no timely
				  and sufficient application for renewal has been filed with the
				  commission.
(d) For purposes of the
				  above referenced sections, a suspended license or permit shall be one that has
				  ceased to be active by operation of the procedures described in § 33.91 of
				  this title (relating to Administrative Inactivation, Reinstatement and Renewal
				  of a License or Permit).
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 33 - LICENSING › Subchapter F - LICENSE AND PERMIT ACTION › Section 33.93 - Notification Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) A person who
				  holds a license, permit or certificate issued by the Alcoholic Beverage
				  Commission shall maintain a current mailing address, telephone number and email
				  address on file with the division that has issued the license, permit or
				  certificate.
(b) A person who holds
				  a license, permit, or certificate issued by the Alcoholic Beverage Commission
				  shall file a written notice of change of mailing address with the Commission
				  within seven (7) business days of the change. A person who holds a certificate
				  issued by the Commission shall file the change of address with the
				  Seller/Server Training Division at TABC, P.O. Box 13127, Austin, Texas 78711.
(c) A notice sent to a person by
				  the Alcoholic Beverage Commission shall be sent by first class mail to the last
				  known mailing address of a person that is on file with the commission.
(1) A person notified by mail under this
				  subsection is presumed notified on the third day after the date on which the
				  notice is mailed.
(2) This
				  subsection does not apply to a notice required by Government Code §
											RSA
				  2001.054.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 33 - LICENSING › Subchapter F - LICENSE AND PERMIT ACTION › Section 33.94 - Reporting Permit or License Changes

Current through Reg. 49, No. 28; July 12, 2024
(a) All changes subject to this section must
				  be reported in the manner prescribed by the commission.
(b) Nothing in this section limits the
				  commission's authority to request information from a license or permit holder
				  at any time to determine if a change required to be reported has
				  occurred.
(c) The license or permit
				  holder must report to the commission the following changes within 30 days
				  following the date the change occurred:
(1)
				  the addition or removal of a person whose name was included on the original
				  application or whose name would be required if a new application for an
				  original license or permit was being submitted;
(2) a change to a person's criminal history
				  that affects their qualifications to hold a license or permit;
(3) a change of the owner of the premises, a
				  sublessor, a management company, or a concession company, or to the terms of
				  any agreements with any such persons; or
(4) a change of organization as that term is
				  defined in Business Organizations Code §
											RSA
				  1.002<subdiv>(62)</subdiv>, other
				  than a change of business entity described in Alcoholic Beverage Code
				  §§
											RSA
				  11.12 or
				  RSA
				  61.14.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 33 - LICENSING › Subchapter G - EMERGENCY ORDERS › Section 33.100 - General Provisions

Current through Reg. 49, No. 28; July 12, 2024
(a) The purpose of
				  this subchapter is to implement the commission's authority under Texas
				  Alcoholic Beverage Code Section
				  RSA 11.614 to
				  issue an emergency order temporarily suspending a permit or license.
(b) The commission, executive director, or
				  executive director's designee may issue an emergency order suspending the
				  permit or license of a business without a hearing if the commission, executive
				  director, or executive director's designee determines that the operation of the
				  business constitutes a continuing threat to the public welfare.
(c) All hearings under this subchapter,
				  including appeals, may be held by teleconference or videoconference in
				  compliance with applicable provisions of the Texas Open Meetings Act (Tex.
				  Gov't Code Ch. 551) and the Administrative Procedure Act (Tex. Gov't Code Ch.
				  2001).
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 33 - LICENSING › Subchapter G - EMERGENCY ORDERS › Section 33.101 - Authority of the Executive Director

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The executive director is authorized to issue emergency orders under this
				  subchapter.
(b) The executive
				  director may delegate a representative or representatives to act on the
				  executive director's behalf under this subchapter.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 33 - LICENSING › Subchapter G - EMERGENCY ORDERS › Section 33.102 - Term of Suspension

Current through Reg. 49, No. 28; July 12, 2024
(a) The term of
				  an emergency order issued under this subchapter shall not exceed 90
				  days.
(b) The term of an emergency
				  order is not tolled and the order suspending the permit or license remains in
				  effect during any contested case proceeding against the permit or license
				  holder.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 33 - LICENSING › Subchapter G - EMERGENCY ORDERS › Section 33.103 - Notice and Opportunity for Hearing

Current through Reg. 49, No. 28; July 12, 2024
If an emergency order is issued without a hearing, the
					 executive director or his designee shall set the time and place for a hearing
					 on the emergency order to be conducted by the State Office of Administrative
					 Hearings.