CHAPTER 11. PROVISIONS GENERALLY APPLICABLE TO PERMITS
ALCOHOLIC BEVERAGE CODE
TITLE 3. LICENSES AND PERMITS
SUBTITLE A. PERMITS
CHAPTER 11. PROVISIONS GENERALLY APPLICABLE TO PERMITS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 11.01. PERMIT REQUIRED. (a) No person who has not first
obtained a permit of the type required for the privilege
exercised may, in a wet area, do any of the following:
(1) manufacture, distill, brew, sell, possess for the purpose of
sale, import into this state, export from this state, transport,
distribute, warehouse, or store liquor;
(2) solicit or take orders for liquor; or
(3) for the purpose of sale, bottle, rectify, blend, treat,
fortify, mix, or process liquor.
(b) A person may manufacture, distill, brew, sell, import,
export, transport, distribute, warehouse, store, possess, possess
for the purpose of sale, bottle, rectify, blend, treat, fortify,
mix, or process liquor, or possess equipment or material designed
for or capable of use for manufacturing liquor, if the right or
privilege of doing so is granted by this code.
(c) A right or privilege granted by this section as an exception
to prohibitions contained elsewhere in this code may be exercised
only in the manner provided. An act done by a person which is not
permitted by this code is unlawful.
Acts 1977, 65th Leg., p. 404, ch. 194, Sec. 1, eff. Sept. 1,
1977.
Sec. 11.015. HEARING LOCATION. Notwithstanding any other
provision of this code, except for a hearing required to be
conducted by a county judge, a hearing related to the issuance,
renewal, cancellation, or suspension of a permit under this
subtitle may be conducted:
(1) in the county in which the premises is located;
(2) at the nearest permanent hearing office of the State Office
of Administrative Hearings; or
(3) at any location agreed to by the parties.
Added by Acts 1993, 73rd Leg., ch. 934, Sec. 18, eff. Sept. 1,
1993. Amended by Acts 1997, 75th Leg., ch. 1114, Sec. 1, eff.
Sept. 1, 1997.
Sec. 11.02. SEPARATE PERMIT REQUIRED. A separate permit shall
be obtained and a separate fee paid for each outlet of liquor in
the state.
Acts 1977, 65th Leg., p. 404, ch. 194, Sec. 1, eff. Sept. 1,
1977.
Sec. 11.03. NATURE OF PERMIT. A permit issued under this code
is a purely personal privilege and is subject to revocation as
provided in this code. It is not property, is not subject to
execution, does not pass by descent or distribution, and except
as otherwise provided in this code, ceases on the death of the
holder.
Acts 1977, 65th Leg., p. 404, ch. 194, Sec. 1, eff. Sept. 1,
1977.
Sec. 11.04. MUST DISPLAY PERMIT. All permits shall be displayed
in a conspicuous place at all times on the licensed premises.
Acts 1977, 65th Leg., p. 404, ch. 194, Sec. 1, eff. Sept. 1,
1977.
Sec. 11.041. WARNING SIGN REQUIRED. (a) Each holder of a
permit who is not otherwise required to display a sign under
Section 411.204, Government Code, shall display in a prominent
place on the permit holder's premises a sign giving notice that
it is unlawful for a person to carry a weapon on the premises
unless the weapon is a concealed handgun of the same category the
person is licensed to carry under Subchapter H, Chapter 411,
Government Code.
(b) The sign must be at least 6 inches high and 14 inches wide,
must appear in contrasting colors, and shall be displayed in a
conspicuous manner clearly visible to the public. The commission
or administrator may require the permit holder to also display
the sign in a language other than English if it can be observed
or determined that a substantial portion of the expected
customers speak the other language as their familiar language.
Added by Acts 1997, 75th Leg., ch. 1261, Sec. 16, eff. Sept. 1,
1997. Amended by Acts 1999, 76th Leg., ch. 62, Sec. 9.18, eff.
Sept. 1, 1999.
Sec. 11.042. HEALTH RISKS WARNING SIGN. (a) The commission by
rule shall require the holder of a permit authorizing the sale of
alcoholic beverages for on-premises consumption to display a
warning sign on the door to each restroom on the permitted
premises that informs the public of the risks of drinking alcohol
during pregnancy.
(b) The commission's rules shall specify the language of the
warning and the size and graphic design of the sign, including
font size and type.
Added by Acts 2007, 80th Leg., R.S., Ch.
68, Sec. 16, eff. September 1, 2007.
Sec. 11.05. UNAUTHORIZED USE OF PERMIT. No permittee may
consent to or allow the use or display of his permit by a person
other than the person to whom the permit was issued.
Acts 1977, 65th Leg., p. 404, ch. 194, Sec. 1, eff. Sept. 1,
1977.
Sec. 11.06. PRIVILEGES LIMITED TO LICENSED PREMISES. No person
may use a permit or exercise any privileges granted by the permit
except at the place, address, premises, or location for which the
permit is issued, except as otherwise provided by this code.
Acts 1977, 65th Leg., p. 405, ch. 194, Sec. 1, eff. Sept. 1,
1977.
Sec. 11.07. DUPLICATE OR CORRECTED PERMIT. If a permit is lost,
destroyed, or needs to be changed, the commission may issue a
duplicate or corrected permit.
Acts 1977, 65th Leg., p. 405, ch. 194, Sec. 1, eff. Sept. 1,
1977.
Sec. 11.08. CHANGE OF LOCATION. If a permittee desires to
change the location of his place of business, he may file an
application for a change of location with the commission. The
application shall be on a form prescribed by the commission. The
commission or administrator may deny the application on any
ground for which an original application may be denied. The
application is subject to protest and hearing in the same manner
as an original application for a permit.
Acts 1977, 65th Leg., p. 405, ch. 194, Sec. 1, eff. Sept. 1,
1977.
Sec. 11.09. EXPIRATION OR SUSPENSION OF PERMIT. (a) A permit
issued under this code expires on the second anniversary of the
date it is issued, except as provided by Subsections (d) and (e)
or another provision of this code. Notwithstanding Section
5.50(b), the commission shall double the amount of fees and
surcharges otherwise applicable under this code for a permit with
a two-year term.
(b) A secondary permit which requires the holder of the permit
to first obtain another permit, including a late hours permit or
temporary permit, expires on the same date the basic or primary
permit expires. The commission may not prorate or refund any
part of the fee for the secondary permit if the application of
this section results in the expiration of the permit in less than
two years.
(c) An action by the commission resulting in the suspension of a
basic or primary permit also acts to suspend any secondary permit
held by the holder of the basic or primary permit.
(d) The commission by rule may require that the expiration date
for an individual permit holder's permit is the first anniversary
of the date on which the permit is issued due to the permit
holder's violation history.
(e) The commission may issue a permit with an expiration date
less than two years after the date the permit is issued in order
to maintain a reasonable annual distribution of renewal
application review work and permit fees. If the commission
issues a permit with an expiration date less than two years after
the date the permit is issued, the commission shall prorate the
permit fee on a monthly basis so that the permit holder pays only
that portion of the permit fee that is allocable to the number of
months during which the permit is valid.
Acts 1977, 65th Leg., p. 405, ch. 194, Sec. 1, eff. Sept. 1,
1977. Amended by Acts 1999, 76th Leg., ch. 517, Sec. 1, eff.
Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
986, Sec. 3, eff. September 1, 2007.
Sec. 11.091. NOTIFICATION OF EXPIRED OR SUSPENDED PERMIT. (a)
The commission shall verify that the holder of an expired or
suspended retail permit is not operating in violation of this
code. The verification, including any inspection of the premises
by commission personnel, must occur within a reasonable time
after the date the permit expires or is suspended.
(b) The commission shall promptly notify each wholesaler, as
that term is ordinarily used and understood in Section 102.01,
who regularly supplies retailers in the geographic area that the
holder's retail permit has expired or has been suspended.
Added by Acts 1999, 76th Leg., ch. 517, Sec. 2, eff. Sept. 1,
1999.
Sec. 11.10. SUCCESSION ON DEATH, BANKRUPTCY, ETC. On the death
of the permittee or of a person having an interest in the permit,
or on bankruptcy, receivership, or partnership dissolution, the
receiver or successor in interest may apply to the county judge
of the county where the licensed premises are located for
certification that he is the receiver or successor in interest.
On certification, unless good cause for refusal is shown, the
commission or administrator shall grant permission, by letter or
otherwise, for the receiver or successor in interest to operate
the business during the unexpired portion of the permit. The
permit may not be renewed, but the receiver or successor in
interest may apply for an original permit or license. A receiver
or successor in interest operating for the unexpired portion of
the permit is subject to the provisions of this code relating to
suspension or cancellation of a permit.
Acts 1977, 65th Leg., p. 405, ch. 194, Sec. 1, eff. Sept. 1,
1977.
Sec. 11.11. CONDUCT SURETY BOND. (a) Except as provided in
Subsection (e) of this section, an applicant for a permit or a
holder of a permit issued under:
(1) Chapter 25, 28, or 32 of this code shall file with the
commission a surety bond in the amount of $5,000 conditioned on
the applicant's or holder's conformance with alcoholic beverage
law; or
(2) Chapter 22, 24, 25, 26, 28, or 32 and whose place of
business is within 1,000 feet of the property line of a public
school shall file with the commission a surety bond in the amount
of $10,000 conditioned on the applicant's or holder's conformance
with alcoholic beverage law.
(b) A surety bond required under this section shall contain the
following statements on the face of the bond:
(1) that the holder of the permit will not violate a law of the
state relating to alcoholic beverages or a rule of the
commission; and
(2) that the holder of the permit agrees that the amount of the
bond shall be paid to the state if the permit is revoked or on
final adjudication that the holder violated a provision of this
code, regardless of whether the actions of an employee of a
holder are not attributable to the holder under Section 106.14.
(c) The commission shall adopt rules relating to the:
(1) form of the surety bond;
(2) qualifications for a surety;
(3) method for filing and obtaining approval of the bond by the
commission; and
(4) release or discharge of the bond.
(d) A holder of a permit required to file a surety bond may
furnish instead of all or part of the required bond amount:
(1) one or more certificates of deposit assigned to the state
issued by a federally insured bank or savings institution
authorized to do business in this state; or
(2) one or more letters of credit issued by a federally insured
bank or savings institution authorized to do business in this
state.
(e) A holder of a permit issued under this code who has held a
permit for three years or more before the date the holder applied
for renewal of the permit is not required to furnish a surety
bond if the holder:
(1) has not had a license or permit issued under this code
revoked in the five years before the date the holder applied for
renewal of the permit;
(2) is not the subject of a pending permit or license revocation
proceeding; and
(3) has continuously operated on the permitted premises for
three years or more before the date the holder applied for
renewal of the permit.
(f) If a holder of a permit is exempt from furnishing a conduct
surety bond under Subsection (e) of this section, the holder
shall be exempt from furnishing the bond at another location
where the holder applies for or holds a permit.
(g) Repealed by Acts 1995, 74th Leg., ch. 607, Sec. 3, eff.
Sept. 1, 1995.
Added by Acts 1993, 73rd Leg., ch. 934, Sec. 19, eff. Sept. 1,
1993. Amended by Acts 1995, 74th Leg., ch. 607, Sec. 1, 3, eff.
Sept. 1, 1995.
Sec. 11.12. ALTERING FORM OF BUSINESS ENTITY. (a) The holder
of a permit issued under this chapter, including a food and
beverage certificate, may alter the form of the business entity
that holds the permit if the ownership of the newly created
business entity is identical to the ownership of the former
business entity.
(b) Before the 10th day preceding the date the holder of the
permit converts to a different form of business, the holder of
the permit shall:
(1) file notice with the commission on a form prescribed by the
commission of the change in the form of the business entity; and
(2) pay a $100 fee for each permitted premises affected by the
change in form of the business entity.
(c) After satisfying the requirements of Subsection (b) and
establishing the newly created business entity, that entity may
use the permit and exercise any privileges granted by the permit.
Added by Acts 1997, 75th Leg., ch. 961, Sec. 1, eff. Sept. 1,
1997.
Sec. 11.13. CERTAIN APPLICATIONS PROHIBITED. (a) This section
applies only to a license or permit held in connection with an
establishment located in a county with a population of 1.4
million or more for which a license or permit has been issued
under Chapter 25 or 69 for the on-premises consumption of beer
exclusively or beer and wine exclusively, other than a license or
permit for an establishment holding a food and beverage
certificate whose primary business being operated on the premises
is food service.
(b) Notwithstanding any other provision of this code, a person
who is within the fourth degree by consanguinity or affinity of
the current licensee or permittee, as determined under Chapter
573, Government Code, may not apply for any license or permit
under this code in connection with an establishment the license
or permit of which is suspended under Section 11.61 or 61.71 or
in connection with an establishment against whose current
licensee or permittee a charge of a violation of this code is
pending.
(c) Notwithstanding any other provision of this code, a person
who is within the fourth degree by consanguinity or affinity of a
licensee or permittee, as determined under Chapter 573,
Government Code, whose license or permit was canceled under
Section 11.61 or 61.71 may not, for a period of three years from
the date of the cancellation, apply for a license or permit in
connection with an establishment at the same location as the
establishment whose license or permit was canceled.
(d) In this section, "person" includes each member of a
partnership or association and, with respect to a corporation,
each officer and the owner or owners of a majority of the
corporate stock.
Added by Acts 2005, 79th Leg., Ch.
452, Sec. 1, eff. September 1, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
716, Sec. 1, eff. June 15, 2007.
SUBCHAPTER B. APPLICATION FOR AND ISSUANCE OF PERMITS
Sec. 11.31. APPLICATION FOR PERMIT. All permits shall be
applied for and obtained from the commission. This section does
not apply to wine and beer retailer's permits, except those for
railway cars or excursion boats, or to wine and beer retailer's
off-premise permits.
Acts 1977, 65th Leg., p. 405, ch. 194, Sec. 1, eff. Sept. 1,
1977.
Sec. 11.32. RENEWAL APPLICATION. Renewal applications shall be
made under oath and shall contain all information required by the
commission or administrator showing that the applicant is
qualified to hold the permit. The application shall be
accompanied by the required bond and state fee. The commission or
administrator may issue a renewal permit if it is found that the
applicant is qualified.
Acts 1977, 65th Leg., p. 405, ch. 194, Sec. 1, eff. Sept. 1,
1977.
Sec. 11.321. ADMINISTRATIVE PENALTY IN CERTAIN COUNTIES. (a)
This section applies only to an original or renewal application
made in connection with an establishment located in a county with
a population of 1.4 million or more.
(b) In addition to any other applicable civil or criminal
penalty, the commission may impose an administrative penalty not
to exceed $4,000 on a licensee or permittee who makes a false or
misleading statement in an original or renewal application,
either in the formal application itself or in any written
instrument relating to the application submitted to the
commission or its officers or employees, in connection with an
establishment that is licensed or permitted under Chapter 25 or
69 for the on-premises consumption of beer exclusively or beer
and wine exclusively, other than an establishment holding a food
and beverage certificate whose primary business being operated on
the premises is food service.
Added by Acts 2005, 79th Leg., Ch.
452, Sec. 2, eff. September 1, 2005.
Sec. 11.33. APPLICATION FORMS. All permit application forms
shall be provided by the commission.
Acts 1977, 65th Leg., p. 406, ch. 194, Sec. 1, eff. Sept. 1,
1977.
Sec. 11.34. CONSOLIDATED APPLICATION. (a) An applicant for a
wholesaler's, class B wholesaler's, distiller's and rectifier's,
brewer's, or winery permit may consolidate in a single
application his application for that permit and his application
for:
(1) private storage;
(2) storage in a public bonded warehouse;
(3) a private carrier's permit; and
(4) any other permit he is qualified to receive.
(b) An applicant who files a consolidated application must pay
the fee prescribed in this code for each permit included in the
application.
Acts 1977, 65th Leg., p. 406, ch. 194, Sec. 1, eff. Sept. 1,
1977. Amended by Acts 1979, 66th Leg., p. 2116, ch. 819, Sec. 2,
eff. June 13, 1979; Acts 1983, 68th Leg., p. 1341, ch. 278, Sec.
1, eff. Sept. 1, 1983.
Sec. 11.35. PAYMENT OF FEE. (a) Each permit application must
be accompanied by a cashier's check, a teller's check, a check
drawn on the account of a corporation applying for a permit, or a
money order or payment by credit card, charge card, or other
electronic form of payment approved by commission rule for the
amount of the state fee, payable to the order of the comptroller.
(b) The commission may set a processing fee in an amount that is
reasonably related to the expense incurred by the commission in
processing the electronic payment.
Acts 1977, 65th Leg., p. 406, ch. 194, Sec. 1, eff. Sept. 1,
1977. Amended by Acts 1997, 75th Leg., ch. 1423, Sec. 1.02, eff.
Sept. 1, 1997; Acts 2001, 77th Leg., ch. 1036, Sec. 1, eff. Sept.
1, 2001.
Sec. 11.36. REFUND OF FEE. The commission may not refund a
permit fee except when the permittee is prevented from continuing
in business because of a local option election or when an
application for a permit is rejected by the commission or
administrator. As much of the proceeds from permit fees as is
necessary may be appropriated for that purpose.
Acts 1977, 65th Leg., p. 406, ch. 194, Sec. 1, eff. Sept. 1,
1977.
Sec. 11.37. CERTIFICATION OF WET OR DRY STATUS. (a) The county
clerk of the county in which an application for a permit is made
shall certify whether the location or address given in the
application is in a wet area and whether the sale of alcoholic
beverages for which the permit is sought is prohibited by any
valid order of the commissioners court.
(b) The city secretary or clerk of the city in which an
application for a permit is made shall certify whether the
location or address given in the application is in a wet area and
whether the sale of alcoholic beverages for which the permit is
sought is prohibited by charter or ordinance.
(c) Once a permit is issued, the certification that the location
or address is in a wet area may not be changed until after a
subsequent local option election to prohibit the sale of
alcoholic beverages.
Acts 1977, 65th Leg., p. 406, ch. 194, Sec. 1, eff. Sept. 1,
1977. Amended by Acts 2003, 78th Leg., ch. 1047, Sec. 1, eff.
Sept. 1, 2003.
Sec. 11.38. LOCAL FEE AUTHORIZED. (a) The governing body of a
city or town may levy and collect a fee not to exceed one-half
the state fee for each permit issued for premises located within
the city or town. The commissioners court of a county may levy
and collect a fee equal to one-half of the state fee for each
permit issued for premises located within the county. Those
authorities may not levy or collect any other fee or tax from the
permittee except general ad valorem taxes, the hotel occupancy
tax levied under Chapter 351, Tax Code, and the local sales and
use tax levied under Chapter 321, Tax Code.
(b) The commission or administrator may cancel a permit if it
finds that the permittee has not paid a fee levied under this
section. A permittee who sells an alcoholic beverage without
first having paid a fee levied under this section commits a
misdemeanor punishable by a fine of not less than $10 nor more
than $200.
(c) Nothing in this code shall be construed as a grant to any
political subdivision of the authority to regulate permittees
except by collecting the fees authorized in this section and
exercising those powers granted to political subdivisions by
other provisions of this code.
(d) The following are exempt from the fee authorized in this
section:
(1) agent's, airline beverage, passenger train beverage,
industrial, carrier's, private carrier's, private club
registration, local cartage, storage, and temporary wine and beer
retailer's permits;
(2) a wine and beer retailer's permit issued for a dining,
buffet, or club car; and
(3) a mixed beverage permit during the three-year period
following the issuance of the permit.
(e) The commission or administrator may cancel or deny a permit
for the retail sale or service of alcoholic beverages, including
a permit held by the holder of a food and beverage certificate,
if it finds that the permit holder or applicant has not paid
delinquent ad valorem taxes due on that permitted premises or due
from a business operated on that premises to any taxing authority
in the county of the premises. For purposes of this subsection, a
permit holder or applicant is presumed delinquent in the payment
of taxes due if the permit holder or applicant:
(1) is placed on a delinquent tax roll prepared under Section
33.03, Tax Code;
(2) has received a notice of delinquency under Section 33.04,
Tax Code; and
(3) has not made a payment required under Section 42.08, Tax
Code.
(f) In this section, "applicant" has the meaning assigned by
Section 11.45.
Acts 1977, 65th Leg., p. 406, ch. 194, Sec. 1, eff. Sept. 1,
1977. Amended by Acts 1979, 66th Leg., p. 2117, ch. 819, Sec. 3,
eff. June 13, 1979; Acts 1985, 69th Leg., ch. 540, Sec. 3, eff.
June 12, 1985; Acts 1989, 71st Leg., ch. 2, Sec. 14.27(a)(1),
14.29(1), eff. Aug. 28, 1989; Acts 2001, 77th Leg., ch. 289, Sec.
1, eff. Sept. 1, 2001.
Sec. 11.39. APPLICANT TO PUBLISH NOTICE. (a) Every applicant
for a brewer's, distiller's and rectifier's, mixed beverage,
private club registration, winery, wholesaler's, class B
wholesaler's, wine bottler's, or package store permit shall give
notice of the application by publication at his own expense in
two consecutive issues of a newspaper of general circulation
published in the city or town in which his place of business is
located. If no newspaper is published in the city or town, the
notice shall be published in a newspaper of general circulation
published in the county where the applicant's business is
located. If no newspaper is published in the county, the notice
shall be published in a qualified newspaper published in the
closest neighboring county and circulated in the county of the
applicant's residence.
(b) The notice shall be printed in 10-point boldface type and
shall include:
(1) the type of permit to be applied for;
(2) the exact location of the place of business for which the
permit is sought;
(3) the names of each owner of the business and, if the business
is operated under an assumed name, the trade name together with
the names of all owners; and
(4) if the applicant is a corporation, the names and titles of
all officers.
(c) An applicant for a renewal permit is not required to publish
notice.
(d) This section does not apply to an applicant for a daily
temporary mixed beverage permit or a caterer's permit.
Acts 1977, 65th Leg., p. 407, ch. 194, Sec. 1, eff. Sept. 1,
1977. Amended by Acts 1979, 66th Leg., p. 2117, ch. 819, Sec. 4,
eff. June 13, 1979; Acts 1981, 67th Leg., p. 1849, ch. 432, Sec.
1, eff. June 11, 1981; Acts 1983, 68th Leg., p. 1342, ch. 278,
Sec. 2, eff. Sept. 1, 1983; Acts 2001, 77th Leg., ch. 191, Sec.
1, eff. Sept. 1, 2001.
Sec. 11.391. NOTICE BY SIGN. (a) An applicant for a permit
issued under this code for a location not previously licensed for
the on-premises consumption of alcoholic beverages shall, not
later than the 60th day before the date the application is filed,
prominently post an outdoor sign at the location stating that
alcoholic beverages are intended to be served on the premises,
the type of permit, and the name and business address of the
applicant.
(b) The sign must be at least 24 by 36 inches in size and must
be written in lettering at least two inches in size. The
administrator may require the sign to be both in English and a
language other than English if it is likely that a substantial
number of the residents in the area speak a language other than
English as their familiar language. The commission shall provide
such sign and may charge a fee therefor.
(c) This section does not apply to an applicant for a permit
issued under Chapter 16, 19, 20, 21, 22, 23, 24, or 52.
Added by Acts 1985, 69th Leg., ch. 169, Sec. 1, eff. Jan. 1,
1986. Amended by Acts 1995, 74th Leg., ch. 1028, Sec. 1, eff.
Sept. 1, 1995; Acts 1999, 76th Leg., ch. 1109, Sec. 1, eff. Sept.
1, 1999.
Sec. 11.392. NOTICE OF PRIVATE CLUB APPLICATION OR RENEWAL. (a)
The commission shall give notice of an application for a permit
or renewal of a permit issued under Chapter 32 or 33 to:
(1) the state senator and the state representative who represent
the district in which the premises are located;
(2) the municipal governing body, if the premises are located in
an incorporated area, and the commissioners court of the county
in which the premises are located; and
(3) the chief of police of the municipality, if the premises are
located in an incorporated area, and the sheriff of the county in
which the premises are located.
(b) Notwithstanding Section 11.39(c), the applicant for a
private club permit renewal shall publish notice of the renewal
application in a newspaper of general circulation in accordance
with the requirements of Sections 11.39(a) and (b).
(c) Notices provided under this section must be given not later
than:
(1) the fifth day after the date the application is filed; or
(2) the 31st day before the expiration date of a permit in the
case of renewal.
(d) This section does not apply to a fraternal or veterans
organization or the holder of a food and beverage certificate.
Added by Acts 1995, 74th Leg., ch. 1060, Sec. 2, eff. Aug. 28,
1995.
Sec. 11.393. NOTICE BY MAIL. (a) Except as provided by
Subsection (b), a person who submits an original application for
a private club registration permit or a permit authorizing the
retail sale of alcoholic beverages for on-premises consumption
shall give written notice of the application to each residential
address and established neighborhood association located within
300 feet of any property line of the premises for which the
permit is sought.
(b) The notice required by Subsection (a) does not apply to an
application that contains an application for a food and beverage
certificate.
(c) The notice required by this section must be:
(1) delivered by mail at the applicant's expense;
(2) provided in English and a language other than English if it
is likely that a substantial number of residents in the area
speak a language other than English as their familiar language;
and
(3) provided not earlier than the 14th day and not later than
the 7th day before the date the application is filed.
(d) The applicant shall submit with an application for a permit
described by Subsection (a) a list of each residential address
provided notice under this section.
(e) The notice must be provided on a form prescribed by the
commission and must contain:
(1) the type of permit and type of business for which the
applicant has applied;
(2) the exact location of the place of business for which the
permit is sought;
(3) the name of each owner of the business or, if the business
is operated under an assumed name, the trade name and the name of
each owner;
(4) if the applicant is a corporation, the name and title of
each officer; and
(5) a description of the procedure for protesting the
application.
Added by Acts 2001, 77th Leg., ch. 868, Sec. 1, eff. Sept. 1,
2001.
Sec. 11.41. RECOMMENDATION OF LOCAL OFFICIALS. (a) When a
person applies for a permit, the commission or administrator may
give due consideration to the recommendations of the mayor, the
city council member or commissioner who represents the area in
question, chief of police, city marshal, or city attorney of the
city or town in which the premises sought to be licensed are
located and of the county judge, the county commissioner who
represents the area in question, sheriff, or county or district
attorney of the county in which the premises sought to be
licensed are located. If a protest against the issuance of a
permit is made to the commission by any of these officers and it
is found on a hearing or finding of facts that the issuance of
the permit would be in conflict with the provisions of this code,
the commission or administrator shall enter an order setting
forth the reasons for refusal. A copy of the order shall be
immediately mailed or delivered to the applicant.
(b) In the granting or withholding of a permit to sell alcoholic
beverages at retail, the commission or administrator may give
consideration to a recommendation made in writing by the
commissioners court of the county in which the applicant proposes
to conduct his business or by a representative of the commission.
Acts 1977, 65th Leg., p. 408, ch. 194, Sec. 1, eff. Sept. 1,
1977. Amended by Acts 1997, 75th Leg., ch. 207, Sec. 1, eff.
Sept. 1, 1997.
Sec. 11.42. STATEMENT OF STOCK OWNERSHIP. The commission at any
time may require an officer of a corporation holding a permit to
file a sworn statement showing the actual owners of the stock of
the corporation, the amount of stock owned by each, the officers
of the corporation, and any information concerning the
qualifications of the officers or stockholders.
Acts 1977, 65th Leg., p. 408, ch. 194, Sec. 1, eff. Sept. 1,
1977.
Sec. 11.43. DISCRETION TO GRANT OR REFUSE PERMIT. (a) The
commission and administrator have discretionary authority to
grant or refuse to issue an original or renewal permit under the
provisions of this subchapter or any other applicable provision
of this code.
(b) Notwithstanding any other provision of this code that
authorizes the commission or administrator to refuse to issue a
permit without a hearing, the commission or administrator shall
hold a hearing before granting or refusing to issue an original
mixed beverage permit, private club registration permit, wine and
beer retailer's permit, or retail dealer's on-premise license if
a sexually oriented business is to be operated on the premises to
be covered by the permit or license.
(c) A hearing shall be held on any renewal application of a
mixed beverage permit, private club registration permit, wine and
beer retailer's permit, or retail dealer's on-premise license if
a sexually oriented business is to be operated on the premises to
be covered by the permit or license and a petition is presented
to the commission requesting a hearing which is signed by 50
percent of the residents who reside within 300 feet of any
property line of the affected premises.
(d) A request for a hearing made under Subsection (b) or (c) of
this section must include an allegation of grounds on which the
original or renewal application, as applicable, should be denied.
Acts 1977, 65th Leg., p. 408, ch. 194, Sec. 1, eff. Sept. 1,
1977. Amended by Acts 1993, 73rd Leg., ch. 934, Sec. 20, eff.
Sept. 1, 1993.
Sec. 11.44. PREMISES INELIGIBLE FOR PERMIT OR LICENSE. (a) If
an order of suspension against a permit or license is pending or
unexpired, or if the commission has initiated action to cancel or
suspend a permit or license, no permit or license may be issued
for or transferred to the same licensed premises.
(b) The commission or administrator shall refuse to issue for a
period of three years a permit or license for any location to an
applicant who submitted a prior application that expired or was
voluntarily surrendered before the hearing on the application was
held on a protest involving allegations of prostitution, a
shooting, stabbing, or other violent act, or an offense involving
drugs. The three-year period commences on the date the prior
application expired or was voluntarily surrendered.
Acts 1977, 65th Leg., p. 408, ch. 194, Sec. 1, eff. Sept. 1,
1977.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
717, Sec. 1, eff. September 1, 2007.
Sec. 11.45. "APPLICANT" DEFINED. The word "applicant," as used
in Sections 11.46 through 11.48 of this code, also includes, as
of the date of the application, each member of a partnership or
association and, with respect to a corporation, each officer and
the owner or owners of a majority of the corporate stock. This
section shall not be construed as prohibiting anything permitted
by Section 22.06, 24.05, or 102.05 of this code.
Acts 1977, 65th Leg., p. 408, ch. 194, Sec. 1, eff. Sept. 1,
1977.
Sec. 11.46. GENERAL GROUNDS FOR REFUSAL. (a) The commission or
administrator may refuse to issue an original or renewal permit
with or without a hearing if it has reasonable grounds to believe
and finds that any of the following circumstances exists:
(1) the applicant has been convicted in a court of competent
jurisdiction of the violation of any provision of this code
during the two years immediately preceding the filing of his
application;
(2) five years have not elapsed since the termination, by pardon
or otherwise, of a sentence imposed on the applicant for the
conviction of a felony;
(3) within the six-month period immediately preceding his
application the applicant violated or caused to be violated a
provision of this code or a rule or regulation of the commission
which involves moral turpitude, as distinguished from a technical
violation of this code or of the rule;
(4) the applicant failed to answer or falsely or incorrectly
answered a question in an original or renewal application;
(5) the applicant is indebted to the state for any taxes, fees,
or payment of penalty imposed by this code or by rule of the
commission;
(6) the applicant is not of good moral character or his
reputation for being a peaceable, law-abiding citizen in the
community where he resides is bad;
(7) the applicant is a minor;
(8) the place or manner in which the applicant may conduct his
business warrants the refusal of a permit based on the general
welfare, health, peace, morals, and safety of the people and on
the public sense of decency;
(9) the applicant is in the habit of using alcoholic beverages
to excess or is physically or mentally incapacitated;
(10) the applicant will sell liquor unlawfully in a dry area or
in a manner contrary to law or will knowingly permit an agent,
servant, or employee to do so;
(11) the applicant is not a United States citizen or has not
been a citizen of Texas for a period of one year immediately
preceding the filing of his application, unless he was issued a
permit or renewal permit on or before September 1, 1948, and has
at some time been a United States citizen;
(12) the applicant does not provide an adequate building
available at the address for which the permit is sought before
conducting any activity authorized by the permit;
(13) the applicant is residentially domiciled with a person
whose permit or license has been cancelled for cause within the
12 months immediately preceding the date of his present
application;
(14) the applicant has failed or refused to furnish a true copy
of his application to the commission's district office in the
district in which the premises for which the permit is sought are
located; or
(15) during the six months immediately preceding the filing of
the application the premises for which the permit is sought have
been operated, used, or frequented for a purpose or in a manner
that is lewd, immoral, or offensive to public decency.
(b) The commission or administrator shall refuse to issue an
original permit authorizing the retail sale of alcoholic
beverages unless the applicant for the permit files with the
application a certificate issued by the comptroller of public
accounts stating that the applicant holds, or has applied for and
satisfies all legal requirements for the issuance of, a sales tax
permit, if required, for the place of business for which the
alcoholic beverage permit is sought.
(c) The commission or administrator shall refuse to issue for a
period of one year after cancellation a mixed beverage permit or
private club registration permit for a premises where a license
or permit has been canceled during the preceding 12 months as a
result of a shooting, stabbing, or other violent act, or as a
result of an offense involving drugs.
Acts 1977, 65th Leg., p. 408, ch. 194, Sec. 1, eff. Sept. 1,
1977. Amended by Acts 1979, 66th Leg., p. 1965, ch. 777, Sec. 3,
eff. Aug. 27, 1979; Acts 1981, 67th Leg., p. 252, ch. 107, Sec.
1, eff. Sept. 1, 1981; Acts 1985, 69th Leg., ch. 285, Sec. 2,
eff. Sept. 1, 1986; Acts 1985, 69th Leg., ch. 462, Sec. 3, eff.
Sept. 1, 1986; Acts 1985, 69th Leg., ch. 690, Sec. 1, eff. Sept.
1, 1985; Acts 1993, 73rd Leg., ch. 934, Sec. 21 eff. Sept. 1,
1993; Acts 2003, 78th Leg., ch. 625, Sec. 1, eff. Sept. 1, 2003.
Sec. 11.47. REFUSAL OF PERMIT: INTEREST IN BEER ESTABLISHMENT.
The commission or administrator may refuse to issue an original
or renewal permit with or without a hearing if it has reasonable
grounds to believe and finds that the applicant or a person with
whom he is residentially domiciled has a financial interest in a
permit or license authorizing the sale of beer at retail, except
as is authorized by Section 22.06, 24.05, or 102.05 of this code.
This section does not apply to an applicant for a permit which
authorizes the sale of mixed beverages.
Acts 1977, 65th Leg., p. 409, ch. 194, Sec. 1, eff. Sept. 1,
1977.
Sec. 11.48. REFUSAL OF PACKAGE STORE OR MIXED BEVERAGE PERMIT.
(a) The commission or administrator may refuse to issue an
original or renewal mixed beverage permit with or without a
hearing if it has reasonable grounds to believe and finds that
the applicant, directly or indirectly, or through a subsidiary,
affiliate, agent, or employee, or through an officer, director,
or firm member, owns an interest of any kind in the premises,
business, or permit of a package store.
(b) The commission or administrator may refuse to issue an
original or renewal package store permit with or without a
hearing if it has reasonable grounds to believe and finds that
the applicant, directly or indirectly, through a subsidiary,
affiliate, agent, or employee, or through an officer, director,
or firm member, owns an interest of any kind in the premises,
business, or permit of a mixed beverage establishment.
(c) This section does not apply to anything permitted by Section
102.05 of this code.
Acts 1977, 65th Leg., p. 409, ch. 194, Sec. 1, eff. Sept. 1,
1977.
Sec. 11.49. PREMISES DEFINED; DESIGNATION OF LICENSED PREMISES.
(a) In this code, "premises" means the grounds and all
buildings, vehicles, and appurtenances pertaining to the grounds,
including any adjacent premises if they are directly or
indirectly under the control of the same person.
(b)(1) Subject to the approval of the commission or the
administrator, and except as provided in Subsection (c) of this
section, an applicant for a permit or license may designate a
portion of the grounds, buildings, vehicles, and appurtenances to
be excluded from the licensed premises.
(2) If such a designation has been made and approved as to the
holder of a license or permit authorizing the sale of alcoholic
beverages at retail or as to a private club registration permit,
the sharing of space, employees, business facilities, and
services with another business entity (including the permittee's
lessor, which, if a corporation, may be a domestic or foreign
corporation, but excluding a business entity holding any type of
winery permit, a manufacturer's license, or a general, local, or
branch distributor's license), does not constitute a subterfuge
or surrender of exclusive control in violation of Section 109.53
of this code or the use or display of the license for the benefit
of another in violation of Subdivision (15) of Subsection (a) of
Section 61.71 of this code. This subsection shall not apply to
original or renewal package store permits, wine only package
store permits, local distributor's permits, or any type of
wholesaler's permits.
(c) An applicant for an original or renewal package store
permit, wine only package store permit, local distributor's
permit, or any type of wholesaler's permit may not take advantage
of the right conferred by Subsection (b) of this section except
as permitted in Section 11.50 or 109.53 of this code.
(d) Any package store, wine only package store, wholesaler's, or
local distributor's permittee who is injured in his business or
property by another person (other than a person in his capacity
as the holder of a wine and beer retailer's permit, wine and beer
retailer's off-premise permit, private club registration permit,
or mixed beverage permit or any person in the capacity of lessor
of the holder of such a permit) by reason of anything prohibited
in this section or Section 109.53 of this code is entitled to the
same remedies available to a package store permittee under
Section 109.53 of this code. Except for actions brought against a
person in his capacity as the holder of or as the lessor of the
holder of a wine and beer retailer's permit, wine and beer
retailer's off-premise permit, mixed beverage permit, or private
club registration permit, the statute of limitations for any
action brought under this section or Section 109.53 of this code
for any cause of action arising after the effective date of this
Act is four years unless a false affidavit has been filed with
the commission in which event the statute of limitations is 10
years for all purposes.
(e) When a designation under Subsection (b) of this section is
made by a wine and beer retailer or a beer retailer, selling
primarily for off-premise consumption, or by a wine and beer
retailer's off-premise permittee, no more than 20 percent of the
retail floor and display space of the entire premises may be
included in the licensed premises, and all the retail floor and
display space in the licensed premises must be compact and
contiguous and may not be gerrymandered. However, the retail
floor and display space included in the licensed premises may be
in two separate locations within the retail premises if the total
retail floor and display space included in the licensed premises
does not exceed 20 percent of the floor and display space of the
entire premises and each of the two portions of floor and display
space included in the licensed premises is itself compact and
contiguous and not gerrymandered. In addition to the one or two
separate locations of retail floor and display space on the
premises, the licensed premises may include the cash register and
check-out portions of the premises provided that (1) no alcoholic
beverages are displayed in the check-out or cash register portion
of the premises, and (2) the area of the check-out and cash
register portions of the premises are counted towards the total
of 20 percent of the retail floor and display space that may be
dedicated to the sale and display of wine and beer. A storage
area that is not accessible or visible to the public may be
included in the licensed premises but shall not be considered
retail floor and display space for purposes of this section. The
commission or administrator shall adopt rules to implement this
subsection and to prevent gerrymandering.
Acts 1977, 65th Leg., p. 410, ch. 194, Sec. 1, eff. Sept. 1,
1977. Amended by Acts 1979, 66th Leg., p. 1443, ch. 634, Sec. 1,
eff. Aug. 27, 1979.
Sec. 11.492. CHANGE OF LICENSE OR PERMIT FROM ON-PREMISE TO
OFF-PREMISE. (a) A holder of a wine and beer retailer's permit
may change the permit to a wine and beer retailer's off-premise
permit, and a holder of a retail dealer's on-premise license may
change the license to a retail dealer's off-premise license, in
the manner provided by this section.
(b) Any time before the expiration of a wine and beer retailer's
permit or a retail dealer's on-premise license the permittee or
licensee may file an application for a change of permit or
license under Subsection (a) of this section. The applicant must
make the application on a form provided by the commission and the
application must be accompanied by the appropriate fee for the
permit or license sought.
(c) The commission shall consider an application under this
section in the same manner and according to the same criteria as
it would consider a renewal application of the license or permit
held by the permittee or licensee. Procedures applicable to an
application for an original license or permit do not apply. The
commission shall issue a new license or permit to an applicant if
the commission determines the applicant is eligible to hold the
license or permit sought. The license or permit takes effect on
the expiration of the old license or, if requested in the
application, on approval. The former license is canceled on the
effective date of the new license. The licensee or permittee is
not entitled to a refund for the unexpired portion of a canceled
license or permit.
Added by Acts 1983, 68th Leg., p. 2427, ch. 429, Sec. 1 eff.
Sept. 1, 1983.
Sec. 11.493. SUPPLEMENTAL OR AMENDED DESIGNATION OF PREMISES.
(a) Subject to the limitations imposed by Section 11.49 of this
code on designating a portion of a building or premises where
alcoholic beverages may be sold or served, a licensee or
permittee may submit an amended or supplemental designation at
the time of renewal of the license or permit or at any other
time, provided the license or permit is not under suspension at
the time the amended or supplemental designation is submitted.
(b) If the amended or supplemental designation is submitted with
an application for renewal, there is no charge for processing the
document. If the amended or supplemental designation is submitted
at any other time, the commission may charge a fee for processing
the document.
Added by Acts 1991, 72nd Leg., 2nd C.S., ch. 1, Sec. 1, eff. Aug.
23, 1991.
Sec. 11.494. SUPPLEMENTAL DESIGNATION OF CERTAIN AREAS
AUTHORIZED. The holder of a mixed beverage permit or private
club permit covering premises located in or adjacent to an area
described in Section 251.74(b)(1) of this code may submit an
amended or supplemental designation of premises to the
administrator enlarging or altering the premises covered by the
permit where alcoholic beverages may be sold to include any
structures located in that area. The premises as described in the
amended or supplemental designation as submitted is the licensed
premises of the mixed beverage permittee or private club
permittee for all purposes, notwithstanding Section 109.57(c) of
this code or any other provision of this code or law of this
state to the contrary. A city charter, zoning ordinance, or
regulation does not alter, limit, or affect in any way the
permittee's sale of alcoholic beverages on those premises.
Added by Acts 1991, 72nd Leg., 2nd C.S., ch. 1, Sec. 2, eff. Aug.
23, 1991.
Sec. 11.495. CONFORMANCE OF PREMISES WITH THE AMERICANS WITH
DISABILITIES ACT. (a) A permittee or licensee shall certify
that any area to be designated as the premises where alcoholic
beverages may be sold or served has been reviewed for compliance
with Title III of the Americans with Disabilities Act of 1990.
(b) Any permittee or licensee designating a premise for which
this certification cannot be made shall be provided with
information on compliance with the Americans with Disabilities
Act by the commission. The commission shall utilize materials
produced by the United States Department of Justice, United
States Department of Justice grantees, grantees of other federal
agencies such as the National Institute on Disability and
Rehabilitation Research, any agency of the State of Texas, trade
associations of permittees or licensees, and other sources of a
similar nature.
Added by Acts 1993, 73rd Leg., ch. 934, Sec. 22, eff. Sept. 1,
1993.
Sec. 11.50. LICENSING A PORTION OF A BUILDING AS PREMISES. (a)
This section applies to a package store permit which was issued
on or before April 1, 1971, and which was in good standing, not
under suspension, and in actual operation and doing business on
that date, unless temporarily prevented from operation by a
natural disaster. This section does not apply to a permit if a
change in the size or location of the licensed premises has
occurred subsequent to April 1, 1971, or if after that date a
change in ownership has occurred, by majority stock transfer or
otherwise, except by devise or descent where the holder of the
permit died on or after April 1, 1971.
(b) Notwithstanding any other provision of this code, the holder
of a package store permit to which this section applies may
continue to operate a package store on premises comprising a
portion of a building if not later than November 28, 1971, he
clearly defined the licensed premises by isolating it from the
remainder of the building by the erection of a wall or screen so
that the licensed premise is accessible from the remainder of the
building only through a door or archway, eight feet or less in
width, in the wall or screen. The door or archway must be kept
closed during the hours in which it is not legal to sell liquor.
(c) If the right to continue operation under this exception
terminates for any reason, the right shall not revive.
Acts 1977, 65th Leg., p. 410, ch. 194, Sec. 1, eff. Sept. 1,
1977.
Sec. 11.51. WHOLESALERS MAY SHARE DELIVERY VEHICLES. Section
64.07 of this code relates to delivery vehicles shared by
wholesalers.
Added by Acts 1987, 70th Leg., ch. 359, Sec. 2, eff. Aug. 31,
1987.
Sec. 11.52. RESTRICTIONS ON LOCATION IN CERTAIN MUNICIPALITIES.
(a) In a municipality with a population of 1,500,000 or more, on
the assertion by any person of any justiciable grounds for a
suspension, denial, cancellation, or refusal of a mixed beverage
permit or a wine and beer retailer's permit, the commission or
county judge, as applicable, shall hold a hearing if:
(1) any point of the property line of the premise is less than
300 feet from the nearest point on a property line of a
residence, church, school, hospital, day-care facility, or social
service facility, as measured in a straight line; and
(2) 75 percent or more of the permittee's or licensee's actual
or anticipated gross revenue is from the sale of alcoholic
beverages.
(b) An applicant for an original or renewal permit shall give
notice to all tenants or property owners affected in Subsection
(a) of this section that an application has been made within five
days after the application is first filed for an original
application and at least 30 days prior to the expiration date of
a permit in the case of a renewal application.
Added by Acts 1993, 73rd Leg., ch. 934, Sec. 23, eff. Sept. 1,
1993.
SUBCHAPTER C. CANCELLATION AND SUSPENSION OF PERMITS
Sec. 11.61. CANCELLATION OR SUSPENSION OF PERMIT. (a) As used
in Subsection (b) of this section, the word "permittee" also
includes each member of a partnership or association and, with
respect to a corporation, each officer and the owner or owners of
a majority of the corporate stock. This section shall not be
construed as prohibiting anything permitted under Section 22.06,
24.05, or 102.05 of this code.
(b) The commission or administrator may suspend for not more
than 60 days or cancel an original or renewal permit if it is
found, after notice and hearing, that any of the following is
true:
(1) the permittee has been finally convicted of a violation of
this code;
(2) the permittee violated a provision of this code or a rule of
the commission;
(3) the permittee was finally convicted of a felony while
holding an original or renewal permit;
(4) the permittee made a false or misleading statement in
connection with his original or renewal application, either in
the formal application itself or in any other written instrument
relating to the application submitted to the commission, its
officers, or employees;
(5) the permittee is indebted to the state for taxes, fees, or
payment of penalties imposed by this code, by a rule of the
commission, or by Chapter 183, Tax Code;
(6) the permittee is not of good moral character or his
reputation for being a peaceable and law-abiding citizen in the
community where he resides is bad;
(7) the place or manner in which the permittee conducts his
business warrants the cancellation or suspension of the permit
based on the general welfare, health, peace, morals, and safety
of the people and on the public sense of decency;
(8) the permittee is not maintaining an acceptable bond;
(9) the permittee maintains a noisy, lewd, disorderly, or
unsanitary establishment or has supplied impure or otherwise
deleterious beverages;
(10) the permittee is insolvent or mentally or physically unable
to carry on the management of his establishment;
(11) the permittee is in the habit of using alcoholic beverages
to excess;
(12) the permittee knowingly misrepresented to a customer or the
public any liquor sold by him;
(13) the permittee was intoxicated on the licensed premises;
(14) the permittee sold or delivered an alcoholic beverage to an
intoxicated person;
(15) the permittee possessed on the licensed premises an
alcoholic beverage that he was not authorized by his permit to
purchase and sell;
(16) a package store or wine only package store permittee
transported or shipped liquor, or caused it to be transported or
shipped, into a dry state or a dry area within this state;
(17) the permittee is residentially domiciled with a person who
has a financial interest in an establishment engaged in the
business of selling beer at retail, other than a mixed beverage
establishment, except as authorized by Section 22.06, 24.05, or
102.05 of this code;
(18) the permittee is residentially domiciled with a person
whose permit or license was cancelled for cause within the
12-month period preceding his own application;
(19) the permittee is not a citizen of the United States or has
not been a citizen of Texas for a period of one year immediately
preceding the filing of his application, unless he was issued an
original or renewal permit on or before September 1, 1948, and
has been a United States citizen at some time;
(20) the permittee permitted a person to open a container of
alcoholic beverage or possess an open container of alcoholic
beverage on the licensed premises unless a mixed beverage permit
has been issued for the premises;
(21) the permittee failed to promptly report to the commission a
breach of the peace occurring on the permittee's licensed
premises;
(22) the permittee consumed an alcoholic beverage or permitted
one to be consumed on the licensed premises at a time when the
consumption of alcoholic beverages is prohibited by this code; or
(23) the permittee sold, served, or delivered an alcoholic
beverage at a time when its sale is prohibited.
(b-1) Notwithstanding Section 204.01 and any other provision of
this code, a person applying for a license or permit under
Chapter 25 or 69 for the on-premises consumption of beer
exclusively or beer and wine exclusively, other than a license or
permit for an establishment holding a food and beverage
certificate whose primary business being operated on the premises
is food service, must file with the commission a surety bond, in
an amount to be determined by the commission, conditioned on the
licensee's or permittee's conformance with the alcoholic beverage
law. The bond is forfeited to the commission on the suspension
of the license or permit for the first time under this section or
Section 61.71. Before the suspended license or permit may be
reinstated, the licensee or permittee must furnish a second
surety bond, similarly conditioned, in an amount greater than the
initial surety bond, the amount to be determined by the
commission. If the same license or permit is suspended under
this section or Section 61.71 a second time, the bond is again
forfeited to the commission. Before the suspended license or
permit may be reinstated, the licensee or permittee shall furnish
a third surety bond, similarly conditioned, in an amount greater
than the second surety bond, the amount to be determined by the
commission. If the same license or permit is suspended under
this section or Section 61.71 a third time, the bond is again
forfeited to the commission and the license or permit shall be
canceled by the commission. This subsection applies only to a
license or permit held in connection with an establishment
located in a county with a population of 1.4 million or more.
(c) The commission or administrator may refuse to renew or,
after notice and hearing, suspend for not more than 60 days or
cancel a permit if the commission or administrator finds that the
permittee:
(1) no longer holds a sales tax permit, if required, for the
place of business covered by the alcoholic beverage permit; 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.
(d) The commission or administrator without a hearing may for
investigative purposes summarily suspend a mixed beverage permit
or a wine and beer retailer's permit for not more than seven days
if the commission or administrator finds that a shooting,
stabbing, or murder has occurred on the licensed premises which
is likely to result in a subsequent act of violence. Notice of
the order suspending the permit shall be given to the permittee
personally within 24 hours of the time the violent act occurs. If
the permittee cannot be located, notice shall be provided by
posting a copy of the order on the front do