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:
(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
.
.
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