CHAPTER 81. COMMON NUISANCE
ALCOHOLIC BEVERAGE CODE
TITLE 3. LICENSES AND PERMITS
SUBTITLE C. PROVISIONS APPLICABLE TO PERMITS AND LICENSES
CHAPTER 81. COMMON NUISANCE
Sec. 81.001. DEFINITION. In this chapter, "common nuisance"
means a common nuisance as defined by Section 125.001, Civil
Practice and Remedies Code, or by Section 101.70(a) of this code.
Added by Acts 2007, 80th Leg., R.S., Ch.
896, Sec. 1, eff. June 15, 2007.
Sec. 81.002. APPLICABILITY OF CHAPTER. This chapter applies
only to a permit or license that authorizes the retail sale or
service of alcoholic beverages for on-premises consumption of
alcoholic beverages, other than a permit or license held with a
food and beverage certificate.
Added by Acts 2007, 80th Leg., R.S., Ch.
896, Sec. 1, eff. June 15, 2007.
Sec. 81.003. SUBMISSION OF INFORMATION BY CERTAIN OFFICIALS.
For the purposes of Section 81.004 or 81.005, the district or
county attorney of the county or the city attorney of the city in
which the premises are located may provide information to the
commission, administrator, or county judge, as appropriate,
indicating that the holder of, or applicant for, a permit or
license covering the premises has used or can reasonably be
expected to use or allow others to use the premises in a manner
that constitutes a common nuisance.
Added by Acts 2007, 80th Leg., R.S., Ch.
896, Sec. 1, eff. June 15, 2007.
Sec. 81.004. APPLICATION FOR ORIGINAL OR RENEWAL PERMIT OR
LICENSE. The commission, administrator, or county judge, as
applicable, may refuse to issue an original or renewal permit or
license, after notice and an opportunity for a hearing, if the
commission, administrator, or county judge finds that, at any
time during the 12 months preceding the permit or license
application, a common nuisance existed on the premises for which
the permit or license is sought, regardless of whether the acts
constituting the common nuisance were engaged in by the applicant
or whether the applicant controlled the premises at the time the
common nuisance existed. The commission, administrator, or
county judge, as applicable, may issue an original or renewal
permit or license if, at the hearing, it is found that the
applicant did not control the premises at the time the common
nuisance existed and the applicant has taken reasonable measures
to abate the common nuisance.
Added by Acts 2007, 80th Leg., R.S., Ch.
896, Sec. 1, eff. June 15, 2007.
Sec. 81.005. CANCELLATION OR SUSPENSION OF PERMIT OR LICENSE.
(a) The commission or administrator may suspend for not more than
60 days or cancel a permit or license if the commission or
administrator finds, after notice and hearing, that the permit or
license holder used or allowed others to use the permitted or
licensed premises in a manner that constitutes a common nuisance.
(b) If the commission or administrator receives information from
an official under Section 81.003, the commission or administrator
shall consider the information and, if the commission or
administrator finds the information sufficient to indicate that
cancellation or suspension under Subsection (a) may be
appropriate, provide notice and hold a hearing under that
subsection to determine whether to suspend or cancel the permit
or license.
(c) Notwithstanding Section 11.64, the commission or
administrator may not give a permit or license holder the
opportunity to pay a civil penalty rather than have the permit or
license suspended.
Added by Acts 2007, 80th Leg., R.S., Ch.
896, Sec. 1, eff. June 15, 2007.
Sec. 81.006. ORDER IMPOSING ADDITIONAL CONDITIONS ON PERMIT OR
LICENSE HOLDER. (a) The commission, administrator, or county
judge, as applicable, may, after notice and hearing under Section
81.004 or 81.005, issue an order imposing any condition on a
permit or license holder that is reasonably necessary to abate a
common nuisance on the premises.
(b) The commission or administrator may suspend for not more
than 60 days or cancel the permit or license of a permit or
license holder who violates an order issued under this section.
The commission or administrator may offer the permit or license
holder the opportunity to pay a civil penalty rather than have
the permit or license suspended.
Added by Acts 2007, 80th Leg., R.S., Ch.
896, Sec. 1, eff. June 15, 2007.
Sec. 81.007. TEMPORARY ORDER DURING PENDENCY OF PROCEEDING. (a)
Before holding a hearing and making a determination under Section
81.004 or 81.005, the commission, administrator, or county judge,
as applicable, may, if there is evidence showing a reasonable
likelihood that a common nuisance exists on the premises for
which the permit or license is held or sought, issue an order
imposing any condition on the permit or license holder or the
applicant for the permit or license that is reasonably necessary
to abate a common nuisance on the premises. An order issued
under this section is effective until:
(1) the expiration of the time for appealing the determination
under Section 81.004 or 81.005; or
(2) if the determination is appealed, until all appeals are
finally decided.
(b) A hearings officer or county judge may issue an order under
this section on the hearings officer's or county judge's own
motion or the motion of a person listed in Section 81.003 or, for
an original or renewal permit or license application, any
individual entitled to protest the issuance of the original or
renewal permit or license.
(b-1) If an individual other than a person described in
Subsection (b) who is entitled to protest the issuance of the
original or renewal permit or license files a motion for a
temporary order under this section, the commission,
administrator, or county judge, as applicable, may not issue a
temporary order without conducting a hearing.
(c) The hearings officer or county judge may impose any sanction
on a person who violates an order issued under Subsection (a)
that is necessary to secure compliance with the order.
(d) A hearing under this section must be held not later than the
10th day after the date notice is served on all interested
parties. Failure to hold a hearing in the time prescribed by
this subsection does not invalidate an order issued under this
section.
(e) A person who requests an order under this section may not be
required to post security for costs in connection with the
application or any hearing conducted as a result of the
application.
Added by Acts 2007, 80th Leg., R.S., Ch.
896, Sec. 1, eff. June 15, 2007.