Bill Text: TX HB58 | 2013 | 83rd Legislature 1st Special Session | Introduced
Bill Title: Relating to the consumption of alcoholic beverages on certain premises; providing a penalty and authorizing a fee.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-06-11 - Filed [HB58 Detail]
Download: Texas-2013-HB58-Introduced.html
| By: Menendez | H.B. No. 58 | |
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| relating to the consumption of alcoholic beverages on certain | ||
| premises; providing a penalty and authorizing a fee. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subtitle A, Title 3, Alcoholic Beverage Code, is | ||
| amended by adding Chapter 56 to read as follows: | ||
| CHAPTER 56. PUBLIC CONSUMPTION PERMIT | ||
| Sec. 56.01. AUTHORIZED ACTIVITIES. The holder of a public | ||
| consumption permit may allow a person to: | ||
| (1) consume alcoholic beverages on the permitted | ||
| premises; and | ||
| (2) bring alcoholic beverages onto or possess | ||
| alcoholic beverages on the permitted premises for the purpose of | ||
| consumption by the person on the permitted premises. | ||
| Sec. 56.02. PUBLIC CONSUMPTION PERMIT REQUIRED. A person | ||
| is required to obtain a permit under this chapter if the person: | ||
| (1) operates a commercial establishment: | ||
| (A) described by Section 243.002, Local | ||
| Government Code, other than an establishment exempt from regulation | ||
| under Chapter 243, Local Government Code; or | ||
| (B) that requires payment, dues, or a mandatory | ||
| purchase of any kind or amount to be admitted on the premises; | ||
| (2) allows persons to: | ||
| (A) consume alcoholic beverages on the | ||
| establishment's premises; or | ||
| (B) bring alcoholic beverages onto or possess | ||
| alcoholic beverages on the establishment's premises for the purpose | ||
| of consumption on the establishment's premises; | ||
| (3) is not covered by or required to be covered by a | ||
| license or permit under this code authorizing the sale or service of | ||
| alcoholic beverages; and | ||
| (4) operates during hours when the public consumption | ||
| of alcoholic beverages is prohibited under Section 105.06. | ||
| Sec. 56.03. FEE. The annual state fee for a public | ||
| consumption permit is $3,000. | ||
| Sec. 56.04. ISSUANCE OF PERMIT. A public consumption | ||
| permit is issued by the commission or administrator. The | ||
| qualifications of an applicant and the application for and issuance | ||
| of the permit are governed by the same provisions that apply to the | ||
| application for and issuance of a mixed beverage permit. | ||
| Sec. 56.05. REFUSAL OF PERMIT. (a) In this section, | ||
| "applicant" 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. | ||
| (b) The commission or administrator may refuse to issue an | ||
| original or renewal public consumption permit with or without a | ||
| hearing if the commission or administrator has reasonable grounds | ||
| to believe and finds that any of the following circumstances | ||
| exists: | ||
| (1) the applicant has been convicted of the violation | ||
| of any provision of this code during the two years immediately | ||
| preceding the filing of the 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 | ||
| the filing of the application the applicant violated or caused to be | ||
| violated a provision of this code or a rule or regulation of the | ||
| commission that 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 a penalty imposed by this code or by a | ||
| rule of the commission; | ||
| (6) the applicant is not of good moral character or the | ||
| applicant's reputation for being a peaceable, law-abiding citizen | ||
| in the community where the applicant resides is bad; | ||
| (7) the applicant is a minor; | ||
| (8) the place or manner in which the applicant may | ||
| conduct the applicant's 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 is not a United States citizen; | ||
| (11) 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; | ||
| (12) the applicant is residentially domiciled with a | ||
| person whose permit or license has been canceled for cause within | ||
| the 12 months immediately preceding the date of the applicant's | ||
| present application; | ||
| (13) the applicant has failed or refused to furnish a | ||
| true copy of the applicant's application to the commission's | ||
| district office in the district in which the premises for which the | ||
| permit is sought are located; | ||
| (14) 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; | ||
| (15) the applicant does not hold a sales tax permit, if | ||
| required, for the place of business for which the public | ||
| consumption permit is sought; or | ||
| (16) the applicant has had a license or permit | ||
| 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, prostitution, or trafficking of persons. | ||
| Sec. 56.06. CANCELLATION AND SUSPENSION OF PERMIT. (a) In | ||
| this section, "permittee" 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. | ||
| (b) The commission or administrator may suspend for not more | ||
| than 60 days or cancel an original or renewal public consumption | ||
| 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 and misleading | ||
| statement in connection with the permittee's original or renewal | ||
| application, either in the formal application itself or in any | ||
| other written instrument relating to the application submitted to | ||
| the commission or its officers or employees; | ||
| (5) the permittee does not hold a sales tax permit, if | ||
| required, for the place of business covered by the permit; | ||
| (6) the permittee is not of good moral character or the | ||
| permittee's reputation for being a peaceable, law-abiding citizen | ||
| in the community where the permittee resides is bad; | ||
| (7) the place or manner in which the permittee | ||
| conducts the permittee's 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 maintains a noisy, lewd, disorderly, | ||
| or unsanitary establishment; | ||
| (9) the permittee is insolvent or mentally or | ||
| physically unable to carry on the management of the permittee's | ||
| establishment; | ||
| (10) the permittee is in the habit of using alcoholic | ||
| beverages to excess; | ||
| (11) the permittee was intoxicated on the licensed | ||
| premises; | ||
| (12) the permittee allowed an intoxicated person to | ||
| remain on the premises; | ||
| (13) the permittee is residentially domiciled with a | ||
| person whose permit or license was canceled for cause within the | ||
| 12-month period preceding the permittee's own application; | ||
| (14) the permittee is not a United States citizen; | ||
| (15) the permittee failed to promptly report to the | ||
| commission a breach of the peace occurring on the premises; or | ||
| (16) the permittee consumed an alcoholic beverage or | ||
| permitted one to be consumed on the premises at a time when the | ||
| consumption of alcoholic beverages is prohibited by this code. | ||
| Sec. 56.07. PERFORMANCE BOND. Notwithstanding Section | ||
| 204.01 or any other provision of this code, a person applying for a | ||
| permit under this chapter must file with the commission a surety | ||
| bond, in an amount to be determined by the commission, conditioned | ||
| on the permittee's conformance with the alcoholic beverage law. | ||
| The bond is forfeited to the commission on the suspension of the | ||
| permit for the first time under this chapter. Before the suspended | ||
| permit may be reinstated, the 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 permit is suspended under this chapter a second time, | ||
| the bond is again forfeited to the commission. Before the suspended | ||
| permit may be reinstated, the 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 permit is suspended under this chapter a third time, the | ||
| bond is again forfeited to the commission and the permit shall be | ||
| canceled by the commission. | ||
| Sec. 56.08. SUMMARY SUSPENSION. The commission or | ||
| administrator without a hearing may for investigative purposes | ||
| summarily suspend a permit issued under this chapter for not more | ||
| than seven days if the commission or administrator finds that a | ||
| shooting, stabbing, or murder has occurred on the premises that 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 door of the permitted | ||
| premises. | ||
| Sec. 56.09. WARNING SIGN. The holder of a permit issued | ||
| under this chapter shall comply with the requirements of Section | ||
| 411.204, Government Code. | ||
| Sec. 56.10. COMMON NUISANCE. Notwithstanding Section | ||
| 81.002, Chapter 81 applies to a permit issued under this chapter. | ||
| Sec. 56.11. PUBLIC PLACE. A commercial establishment that | ||
| is required to hold a permit under this chapter is a public place. | ||
| Sec. 56.12. PENALTY. (a) A person who operates a | ||
| commercial establishment or that person's agent commits an offense | ||
| if: | ||
| (1) the person or that person's agent allows a person | ||
| to: | ||
| (A) consume alcoholic beverages on the | ||
| establishment's premises; or | ||
| (B) bring alcoholic beverages onto or possess | ||
| alcoholic beverages on the establishment's premises for the purpose | ||
| of consumption on the establishment's premises; | ||
| (2) the establishment is required to be covered by a | ||
| public consumption permit under this chapter; and | ||
| (3) the establishment is not covered by a public | ||
| consumption permit under this chapter. | ||
| (b) An offense under this section is a Class A misdemeanor. | ||
| SECTION 2. Section 11.042(a), Alcoholic Beverage Code, is | ||
| amended to read as follows: | ||
| (a) The commission by rule shall require the holder of a | ||
| permit authorizing the sale or possession 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. | ||
| SECTION 3. Section 104.07(a), Alcoholic Beverage Code, is | ||
| amended to read as follows: | ||
| (a) The holder of a permit or license under Chapter 25, 26, | ||
| 28, 32, 56, 69, or 71, other than the holder of a food and beverage | ||
| certificate, shall display a sign containing the following notice | ||
| in English and in Spanish: | ||
| WARNING: Obtaining forced labor or services is a crime under | ||
| Texas law. Call the national human trafficking | ||
| hotline: 1-888-373-7888. You may remain anonymous. | ||
| SECTION 4. Section 411.204, Government Code, is amended by | ||
| adding Subsection (a-1) to read as follows: | ||
| (a-1) A business that has a permit issued under Chapter 56, | ||
| Alcoholic Beverage Code, shall prominently display at each entrance | ||
| to the business a sign that complies with the requirements of | ||
| Subsection (c) other than the requirement that the sign include on | ||
| its face the number "51". | ||
| SECTION 5. Section 46.02(c), Penal Code, is amended to read | ||
| as follows: | ||
| (c) An offense under this section is a felony of the third | ||
| degree if the offense is committed on any premises licensed or | ||
| issued a permit by this state for the sale or public consumption of | ||
| alcoholic beverages. | ||
| SECTION 6. Section 46.035(b), Penal Code, is amended to | ||
| read as follows: | ||
| (b) A license holder commits an offense if the license | ||
| holder intentionally, knowingly, or recklessly carries a handgun | ||
| under the authority of Subchapter H, Chapter 411, Government Code, | ||
| regardless of whether the handgun is concealed, on or about the | ||
| license holder's person: | ||
| (1) on the premises of a business that has: | ||
| (A) a permit or license issued under Chapter 25, | ||
| 28, 32, 69, or 74, Alcoholic Beverage Code, if the business derives | ||
| 51 percent or more of its income from the sale or service of | ||
| alcoholic beverages for on-premises consumption, as determined by | ||
| the Texas Alcoholic Beverage Commission under Section 104.06, | ||
| Alcoholic Beverage Code; or | ||
| (B) a permit issued under Chapter 56, Alcoholic | ||
| Beverage Code; | ||
| (2) on the premises where a high school, collegiate, | ||
| or professional sporting event or interscholastic event is taking | ||
| place, unless the license holder is a participant in the event and a | ||
| handgun is used in the event; | ||
| (3) on the premises of a correctional facility; | ||
| (4) on the premises of a hospital licensed under | ||
| Chapter 241, Health and Safety Code, or on the premises of a nursing | ||
| home licensed under Chapter 242, Health and Safety Code, unless the | ||
| license holder has written authorization of the hospital or nursing | ||
| home administration, as appropriate; | ||
| (5) in an amusement park; or | ||
| (6) on the premises of a church, synagogue, or other | ||
| established place of religious worship. | ||
| SECTION 7. On or before November 1, 2013, the Texas | ||
| Alcoholic Beverage Commission shall adopt all rules necessary to | ||
| implement Chapter 56, Alcoholic Beverage Code, as added by this | ||
| Act. | ||
| SECTION 8. (a) Except as provided by Subsection (b) of this | ||
| section, this Act takes effect September 1, 2013. | ||
| (b) Section 56.12, Alcoholic Beverage Code, as added by this | ||
| Act, takes effect January 1, 2014. | ||
