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;
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;
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