Sec. 11.611. CONVICTION OF OFFENSE RELATING TO DISCRIMINATION. days or cancel
finally convicted of any offense under state or federal law or a municipal ordinance
prohibiting the violation of an individual's civil rights or the discrimination against an
individual on the basis of the individual's race, color, creed, or national origin; and
(2) the offense was committed on the licensed premises or in connection with the
operation of the permittee's business.
Added by Acts 1979, 66th Leg., p. 1440, ch. 632, Sec. 1, eff. Aug. 27, 1979.
Sec. 11.612. CANCELLATION OF PRIVATE CLUB PERMIT. (a) The commission or
administrator may cancel an original or a renewal permit issued under Chapter 32 or 33
and may refuse to issue any new alcoholic beverage permit for the same premises for one
year after the date of cancellation if:
(1) the chief of police of the municipality, if the premises are located in an incorporated
area, or the sheriff of the county in which the premises are located has submitted a
sworn statement to the commission stating specific allegations That the place or
manner in which the permittee conducts its business endangers the general welfare,
health, peace, morals, or safety of the community; and
(2) the commission or administrator finds, after notice and hearing within the county
where the premises are located, That the place or manner in which the permittee
conducts its business does in fact endanger the general welfare, health, peace, morals, or
safety of the community.
(b) This section does not apply to a permit issued to a fraternal or veterans organization
or the holder of a food and beverage certificate.
Added by Acts 1995, 74th Leg., ch. 1060, Sec. 4, eff. Aug. 28, 1995.
Sec. 11.613. SUMMARY SUSPENSION OF PRIVATE CLUB PERMIT. The commission or
administrator without a hearing may for investigative purposes summarily suspend a
permit issued under Chapter 32 or 33 for not more than seven days if the commission or
administrator finds That a shooting, stabbing, or murder has occurred on the licensed
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 72 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 licensed premises.
Added by Acts 1995, 74th Leg., ch. 1060, Sec. 4, eff. Aug. 28, 1995.
Sec. 11.62. HEARING FOR CANCELLATION OR SUSPENSION OF PERMIT. The
commission or administrator may, on the motion of either, set a date for a hearing to
determine if a permit should be cancelled or suspended. The commission or
administrator shall set a hearing on the petition of the mayor, chief of police, city
marshal, or city attorney of the city or town in which the licensed premises are located or
of the county judge, sheriff, or county or district attorney of the county in which the
licensed premises are located. The petition must be supported by the sworn statement of
at least one credible person. The commission or administrator shall give the permittee
notice of the hearing and of his right to appear and show cause why the permit should
not be cancelled.
Acts 1977, 65th Leg., p. 412, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Sec. 11.63. NOTICE OF HEARING. At least 10 days' notice shall be given when a hearing
is provided by this code. A notice of hearing for the refusal, cancellation, or suspension
of a license or permit may be served personally by a representative of the commission or
sent by registered or certified mail addressed to the licensee or permittee.
Acts 1977, 65th Leg., p. 412, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Sec. 11.64. ALTERNATIVES TO SUSPENSION, CANCELLATION. (a) When the
commission or administrator is authorized to suspend a permit or license under this
code, the commission or administrator shall give the permittee or licensee the
opportunity to pay a civil penalty rather than have the permit or license suspended,
unless the basis for the suspension is a violation of Section 11.61(b)(14), 22.12, 28.11,
32.17(a)(2), 32.17(a)(3), 61.71(a)(5), 61.71(a)(6), 61.74(a)(14), 69.13, 71.09, 101.04, 101.63,
106.03, 106.06, or 106.15, the sale or offer for sale of an alcoholic beverage during hours
prohibited by Chapter 105, consumption or the permitting of consumption of an
alcoholic beverage on the person's licensed or permitted premises during hours
prohibited by Chapter 105 or Section 32.17(a)(7), or an offense relating to prostitution or
gambling, in which case the commission or administrator shall determine whether the
permittee or licensee may have the opportunity to pay a civil penalty rather than have
the permit or license suspended. The commission shall adopt rules addressing when
suspension may be imposed pursuant to this section without the opportunity to pay a
civil penalty. In adopting rules under this subsection, the commission shall consider
the type of license or permit held, the type of violation, any aggravating or ameliorating
circumstances concerning the violation, and any past violations of this code by the
permittee or licensee. In cases in which a civil penalty is assessed, the commission or
administrator shall determine the amount of the penalty. The amount of the civil
penalty may not be less than $150 or more than $25,000 for each day the permit or
license was to have been suspended. If the licensee or permittee does not pay the penalty
before the sixth day after the commission or administrator notifies him of the amount,
the commission or administrator shall impose the suspension.
(b) In the case of a violation of this code by a permittee or a licensee, the commission or
administrator may relax any provision of the code relating to the suspension or
cancellation of the permit or license and assess a sanction the commission or
administrator finds just under the circumstances, and the commission or
administrator may reinstate the license or permit at any time during the period of
suspension on payment by the permittee or licensee of a fee of not less than $75 nor more
than $500, if the commission or administrator finds That any of the circumstances
described in Subsection (c) exists.
(c) The following circumstances justify the application of Subsection (b):
(1) That the violation could not reasonably have been prevented by the permittee or
licensee by the exercise of due diligence;
(2) That the permittee or licensee was entrapped;
(3) That an agent, servant, or employee of the permittee or licensee violated this code
without the knowledge of the permittee or licensee;
(4) That the permittee or licensee did not knowingly violate this code;
(5) That the permittee or licensee has demonstrated good faith, including the taking of
actions to rectify the consequences
finally convicted of any offense under state or federal law or a municipal ordinance
prohibiting the violation of an individual's civil rights or the discrimination against an
individual on the basis of the individual's race, color, creed, or national origin; and
(2) the offense was committed on the licensed premises or in connection with the
operation of the permittee's business.
Added by Acts 1979, 66th Leg., p. 1440, ch. 632, Sec. 1, eff. Aug. 27, 1979.
Sec. 11.612. CANCELLATION OF PRIVATE CLUB PERMIT. (a) The commission or
administrator may cancel an original or a renewal permit issued under Chapter 32 or 33
and may refuse to issue any new alcoholic beverage permit for the same premises for one
year after the date of cancellation if:
(1) the chief of police of the municipality, if the premises are located in an incorporated
area, or the sheriff of the county in which the premises are located has submitted a
sworn statement to the commission stating specific allegations That the place or
manner in which the permittee conducts its business endangers the general welfare,
health, peace, morals, or safety of the community; and
(2) the commission or administrator finds, after notice and hearing within the county
where the premises are located, That the place or manner in which the permittee
conducts its business does in fact endanger the general welfare, health, peace, morals, or
safety of the community.
(b) This section does not apply to a permit issued to a fraternal or veterans organization
or the holder of a food and beverage certificate.
Added by Acts 1995, 74th Leg., ch. 1060, Sec. 4, eff. Aug. 28, 1995.
Sec. 11.613. SUMMARY SUSPENSION OF PRIVATE CLUB PERMIT. The commission or
administrator without a hearing may for investigative purposes summarily suspend a
permit issued under Chapter 32 or 33 for not more than seven days if the commission or
administrator finds That a shooting, stabbing, or murder has occurred on the licensed
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 72 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 licensed premises.
Added by Acts 1995, 74th Leg., ch. 1060, Sec. 4, eff. Aug. 28, 1995.
Sec. 11.62. HEARING FOR CANCELLATION OR SUSPENSION OF PERMIT. The
commission or administrator may, on the motion of either, set a date for a hearing to
determine if a permit should be cancelled or suspended. The commission or
administrator shall set a hearing on the petition of the mayor, chief of police, city
marshal, or city attorney of the city or town in which the licensed premises are located or
of the county judge, sheriff, or county or district attorney of the county in which the
licensed premises are located. The petition must be supported by the sworn statement of
at least one credible person. The commission or administrator shall give the permittee
notice of the hearing and of his right to appear and show cause why the permit should
not be cancelled.
Acts 1977, 65th Leg., p. 412, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Sec. 11.63. NOTICE OF HEARING. At least 10 days' notice shall be given when a hearing
is provided by this code. A notice of hearing for the refusal, cancellation, or suspension
of a license or permit may be served personally by a representative of the commission or
sent by registered or certified mail addressed to the licensee or permittee.
Acts 1977, 65th Leg., p. 412, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Sec. 11.64. ALTERNATIVES TO SUSPENSION, CANCELLATION. (a) When the
commission or administrator is authorized to suspend a permit or license under this
code, the commission or administrator shall give the permittee or licensee the
opportunity to pay a civil penalty rather than have the permit or license suspended,
unless the basis for the suspension is a violation of Section 11.61(b)(14), 22.12, 28.11,
32.17(a)(2), 32.17(a)(3), 61.71(a)(5), 61.71(a)(6), 61.74(a)(14), 69.13, 71.09, 101.04, 101.63,
106.03, 106.06, or 106.15, the sale or offer for sale of an alcoholic beverage during hours
prohibited by Chapter 105, consumption or the permitting of consumption of an
alcoholic beverage on the person's licensed or permitted premises during hours
prohibited by Chapter 105 or Section 32.17(a)(7), or an offense relating to prostitution or
gambling, in which case the commission or administrator shall determine whether the
permittee or licensee may have the opportunity to pay a civil penalty rather than have
the permit or license suspended. The commission shall adopt rules addressing when
suspension may be imposed pursuant to this section without the opportunity to pay a
civil penalty. In adopting rules under this subsection, the commission shall consider
the type of license or permit held, the type of violation, any aggravating or ameliorating
circumstances concerning the violation, and any past violations of this code by the
permittee or licensee. In cases in which a civil penalty is assessed, the commission or
administrator shall determine the amount of the penalty. The amount of the civil
penalty may not be less than $150 or more than $25,000 for each day the permit or
license was to have been suspended. If the licensee or permittee does not pay the penalty
before the sixth day after the commission or administrator notifies him of the amount,
the commission or administrator shall impose the suspension.
(b) In the case of a violation of this code by a permittee or a licensee, the commission or
administrator may relax any provision of the code relating to the suspension or
cancellation of the permit or license and assess a sanction the commission or
administrator finds just under the circumstances, and the commission or
administrator may reinstate the license or permit at any time during the period of
suspension on payment by the permittee or licensee of a fee of not less than $75 nor more
than $500, if the commission or administrator finds That any of the circumstances
described in Subsection (c) exists.
(c) The following circumstances justify the application of Subsection (b):
(1) That the violation could not reasonably have been prevented by the permittee or
licensee by the exercise of due diligence;
(2) That the permittee or licensee was entrapped;
(3) That an agent, servant, or employee of the permittee or licensee violated this code
without the knowledge of the permittee or licensee;
(4) That the permittee or licensee did not knowingly violate this code;
(5) That the permittee or licensee has demonstrated good faith, including the taking of
actions to rectify the consequences
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| The Houston, Texas, law firm of Andy Nolen, represents people who have been accused of a state crime in Texas, including in communities such as League City, Angleton, Pearland, Alvin, Clear Lake, Sugar Land, The Woodlands, Baytown, Pasadena, Memorial, Spring Branch, River Oaks, West University, and Bellaire. Counties that this firm serves include: Galveston County • Fort Bend County • Montgomery County • Brazoria County • Harris County. Cases handled include: Domestic Violence, Theft, Shoplifting, Drunk Driving, Evading Arrest. All misdemeanors including DWI, also called DUI and all Felonies. |
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