Bill Text: TX HB616 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to local regulation of the possession and consumption of alcoholic beverages on certain formerly licensed or permitted premises.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2011-03-22 - Left pending in committee [HB616 Detail]
Download: Texas-2011-HB616-Introduced.html
| 82R1925 MCK-D | ||
| By: Quintanilla | H.B. No. 616 | |
|
|
||
|
|
||
| relating to local regulation of the possession and consumption of | ||
| alcoholic beverages on certain formerly licensed or permitted | ||
| premises. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter C, Chapter 109, Alcoholic Beverage | ||
| Code, is amended by adding Section 109.37 to read as follows: | ||
| Sec. 109.37. POSSESSION OR CONSUMPTION OF ALCOHOLIC | ||
| BEVERAGES ON CERTAIN PREVIOUSLY LICENSED OR PERMITTED PREMISES. | ||
| (a) The commissioners court of a county may enact regulations | ||
| applicable in areas in the county outside an incorporated city or | ||
| town, and the governing board of an incorporated city or town may | ||
| enact regulations applicable in the city or town, that, subject to | ||
| this section, prohibit the possession or consumption of an | ||
| alcoholic beverage at a location that was previously licensed or | ||
| permitted to sell alcoholic beverages for on-premises consumption | ||
| if the commissioners court or governing board determines the | ||
| license or permit was: | ||
| (1) canceled for cause; | ||
| (2) denied renewal; or | ||
| (3) voluntarily canceled or expired before a hearing | ||
| after the commission had initiated action to cancel or suspend the | ||
| license or permit. | ||
| (b) A regulation enacted under Subsection (a) may prohibit | ||
| the possession or consumption of an alcoholic beverage at a | ||
| location for a period of not more than three years from the date the | ||
| permit or license was canceled or expired. | ||
| (c) The commissioners court of a county or the governing | ||
| board of a city or town that has enacted a regulation under | ||
| Subsection (a) may also allow variances to the regulation: | ||
| (1) if the commissioners court or governing body | ||
| determines that enforcement of the regulation in a particular | ||
| instance: | ||
| (A) is not in the best interest of the public; | ||
| (B) constitutes waste or inefficient use of land | ||
| or other resources; | ||
| (C) creates an undue hardship on an applicant for | ||
| a license or permit; | ||
| (D) does not serve its intended purpose; or | ||
| (E) is not effective or necessary; or | ||
| (2) for any other reason the court or governing board | ||
| determines is in the best interest of the community after | ||
| considering the health, safety, and welfare of the public and the | ||
| equities of the situation. | ||
| (d) A regulation adopted under this section does not limit | ||
| possession or consumption of alcoholic beverages at a location | ||
| under a new license or permit issued by the commission. | ||
| SECTION 2. This Act takes effect immediately if it receives | ||
| a vote of two-thirds of all the members elected to each house, as | ||
| provided by Section 39, Article III, Texas Constitution. If this | ||
| Act does not receive the vote necessary for immediate effect, this | ||
| Act takes effect September 1, 2011. | ||
