82R9945 MCK-F
	By: Thompson	H.B. No. 2712

	A BILL TO BE ENTITLED
	AN ACT
	relating to providing notice of a change in certain contact
	information of an alcoholic beverage license or permit holder.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Subchapter A, Chapter 11, Alcoholic Beverage
	Code, is amended by adding Section 11.081 to read as follows:
	Sec. 11.081.  CHANGE OF MAILING ADDRESS. Not later than the
	10th day after the date the holder of a permit issued under this
	subtitle changes the mailing address for contacting the permit
	holder, the permit holder shall notify the commission on a form
	prescribed by the commission of the new mailing address.
	SECTION 2.  Section 11.46(a), Alcoholic Beverage Code, is
	amended to read as follows:
	(a)  The commission or administrator may refuse to issue an
	original or renewal permit with or without a hearing if it has
	reasonable grounds to believe and finds that any of the following
	circumstances exists:
	(1)  the applicant has been convicted in a court of
	competent jurisdiction of the violation of any provision of this
	code during the two years immediately preceding the filing of his
	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
	his application the applicant violated or caused to be violated a
	provision of this code or a rule or regulation of the commission
	which 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 penalty imposed by this code or by rule
	of the commission;
	(6)  the applicant is not of good moral character or his
	reputation for being a peaceable, law-abiding citizen in the
	community where he resides is bad;
	(7)  the applicant is a minor;
	(8)  the place or manner in which the applicant may
	conduct his 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 will sell liquor unlawfully in a
	dry area or in a manner contrary to law or will knowingly permit an
	agent, servant, or employee to do so;
	(11)  the applicant is not a United States citizen or
	has not been a citizen of Texas for a period of one year immediately
	preceding the filing of his application, unless he was issued a
	permit or renewal permit on or before September 1, 1948, and has at
	some time been a United States citizen;
	(12)  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;
	(13)  the applicant is residentially domiciled with a
	person whose permit or license has been cancelled for cause within
	the 12 months immediately preceding the date of his present
	application;
	(14)  the applicant has failed or refused to furnish a
	true copy of his application to the commission's district office in
	the district in which the premises for which the permit is sought
	are located; [or]
	(15)  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; or
	(16)  the applicant has failed to timely notify the
	commission of a change in mailing address as required by Section
	11.081 or 61.081.
	SECTION 3.  Section 11.61(b), Alcoholic Beverage Code, is
	amended to read as follows:
	(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;
	(11)  the permittee is in the habit of using alcoholic
	beverages to excess;
	(12)  the permittee knowingly misrepresented to a
	customer or the public any liquor sold by him;
	(13)  the permittee was intoxicated on the licensed
	premises;
	(14)  the permittee sold or delivered an alcoholic
	beverage to an intoxicated person;
	(15)  the permittee possessed on the licensed premises
	an alcoholic beverage that he was not authorized by his permit to
	purchase and sell;
	(16)  a package store or wine only package store
	permittee transported or shipped liquor, or caused it to be
	transported or shipped, into a dry state or a dry area within this
	state;
	(17)  the permittee is residentially domiciled with a
	person who has a financial interest in an establishment engaged in
	the business of selling beer at retail, other than a mixed beverage
	establishment, except as authorized by Section 22.06, 24.05, or
	102.05 of this code;
	(18)  the permittee is residentially domiciled with a
	person whose permit or license was cancelled for cause within the
	12-month period preceding his own application;
	(19)  the permittee is not a citizen of the United
	States or has not been a citizen of Texas for a period of one year
	immediately preceding the filing of his application, unless he was
	issued an original or renewal permit on or before September 1, 1948,
	and has been a United States citizen at some time;
	(20)  the permittee permitted a person to open a
	container of alcoholic beverage or possess an open container of
	alcoholic beverage on the licensed premises unless a mixed beverage
	permit has been issued for the premises;
	(21)  the permittee failed to promptly report to the
	commission a breach of the peace occurring on the permittee's
	licensed premises;
	(22)  the permittee consumed an alcoholic beverage or
	permitted one to be consumed on the licensed premises at a time when
	the consumption of alcoholic beverages is prohibited by this code;
	[or]
	(23)  the permittee sold, served, or delivered an
	alcoholic beverage at a time when its sale is prohibited; or
	(24)  the permittee has failed to timely notify the
	commission of a change in mailing address as required by Section
	11.081 or 61.081.
	SECTION 4.  Subchapter A, Chapter 61, Alcoholic Beverage
	Code, is amended by adding Section 61.081 to read as follows:
	Sec. 61.081.  CHANGE OF MAILING ADDRESS. Not later than the
	10th day after the date the holder of a license issued under this
	subtitle changes the mailing address for contacting the license
	holder, the license holder shall notify the commission on a form
	prescribed by the commission of the new mailing address.
	SECTION 5.  Section 61.43(a), Alcoholic Beverage Code, is
	amended to read as follows:
	(a)  The county judge may refuse to approve an application
	for a license as a distributor or retailer if the county judge has
	reasonable grounds to believe and finds that:
	(1)  the applicant has been finally convicted in a
	court of competent jurisdiction for the violation of a provision of
	this code during the two years immediately preceding the filing of
	an application;
	(2)  five years has not elapsed since the termination,
	by pardon or otherwise, of a sentence imposed for conviction of a
	felony;
	(3)  the applicant has violated or caused to be
	violated a provision of this code or a rule or regulation of the
	commission, for which a suspension was not imposed, during the
	12-month period immediately preceding the filing of an application;
	(4)  the applicant failed to answer or falsely or
	incorrectly answered a question in an original or renewal
	application;
	(5)  the applicant for a retail dealer's license does
	not have an adequate building available at the address for which the
	license is sought before conducting any activity authorized by the
	license;
	(6)  the applicant or a person with whom the applicant
	is residentially domiciled had an interest in a license or permit
	which was cancelled or revoked within the 12-month period
	immediately preceding the filing of an application;
	(7)  the applicant failed or refused to furnish a true
	copy of the application to the commission's district office in the
	district in which the premises sought to be licensed are located;
	(8)  the premises on which beer is to be sold for
	on-premises consumption does not have:
	(A)  running water, if it is available; or
	(B)  separate free toilets for males and females,
	properly identified, on the premises for which the license is
	sought or, if the premises is a restaurant that derives less than 50
	percent of its gross revenue from the sale of alcohol, is 2,500
	square feet or less, and has an occupancy rating of 50 persons or
	less, at least one toilet, properly identified, on the premises for
	which the license is sought;
	(9)  the applicant for a retail dealer's license will
	conduct business in a manner contrary to law or in a place or manner
	conducive to a violation of the law; [or]
	(10)  the place, building, or premises for which the
	license is sought was used for selling alcoholic beverages in
	violation of the law at any time during the six months immediately
	preceding the filing of the application or was used, operated, or
	frequented during that time for a purpose or in a manner which was
	lewd, immoral, offensive to public decency, or contrary to this
	code; or
	(11)  the applicant has failed to timely notify the
	commission of a change in mailing address as required by Section
	11.081 or 61.081.
	SECTION 6.  Section 61.71(a), Alcoholic Beverage Code, is
	amended to read as follows:
	(a)  The commission or administrator may suspend for not more
	than 60 days or cancel an original or renewal retail dealer's on- or
	off-premise license if it is found, after notice and hearing, that
	the licensee:
	(1)  violated a provision of this code or a rule of the
	commission during the existence of the license sought to be
	cancelled or suspended or during the immediately preceding license
	period;
	(2)  was finally convicted for violating a penal
	provision of this code;
	(3)  was finally convicted of a felony while holding an
	original or renewal license;
	(4)  made a false statement or a misrepresentation in
	his original application or a renewal application;
	(5)  with criminal negligence sold, served, or
	delivered an alcoholic beverage to a minor;
	(6)  sold, served, or delivered an alcoholic beverage
	to an intoxicated person;
	(7)  sold, served, or delivered an alcoholic beverage
	at a time when its sale is prohibited;
	(8)  entered or offered to enter an agreement,
	condition, or system which would constitute the sale or possession
	of alcoholic beverages on consignment;
	(9)  possessed on the licensed premises, or on adjacent
	premises directly or indirectly under his control, an alcoholic
	beverage not authorized to be sold on the licensed premises, or
	permitted an agent, servant, or employee to do so, except as
	permitted by Section 22.06, 24.05, or 102.05 of this code;
	(10)  does not have at his licensed premises:
	(A)  running water, if it is available; and
	(B)  separate toilets for both sexes which are
	properly identified, or, if the premises is a restaurant that
	derives less than 50 percent of its gross revenue from the sale of
	alcohol, is 2,500 square feet or less, and has an occupancy rating
	of 50 persons or less, at least one toilet that is properly
	identified;
	(11)  permitted a person on the licensed premises to
	engage in conduct which is lewd, immoral, or offensive to public
	decency;
	(12)  employed a person under 18 years of age to sell,
	handle, or dispense beer, or to assist in doing so, in an
	establishment where beer is sold for on-premises consumption;
	(13)  conspired with a person to violate Section
	101.41-101.43, 101.68, 102.11-102.15, 104.04, 108.01, or
	108.04-108.06 of this code, or a rule promulgated under Section
	5.40 of this code, or accepted a benefit from an act prohibited by
	any of these sections or rules;
	(14)  refused to permit or interfered with an
	inspection of the licensed premises by an authorized representative
	of the commission or a peace officer;
	(15)  permitted the use or display of his license in the
	conduct of a business for the benefit of a person not authorized by
	law to have an interest in the license;
	(16)  maintained blinds or barriers at his place of
	business in violation of this code;
	(17)  conducted his business in a place or manner which
	warrants the cancellation or suspension of the license based on the
	general welfare, health, peace, morals, safety, and sense of
	decency of the people;
	(18)  consumed an alcoholic beverage or permitted one
	to be consumed on the licensed premises at a time when the
	consumption of alcoholic beverages is prohibited by this code;
	(19)  purchased beer for the purpose of resale from a
	person other than the holder of a manufacturer's or distributor's
	license;
	(20)  acquired an alcoholic beverage for the purpose of
	resale from another retail dealer of alcoholic beverages;
	(21)  owned an interest of any kind in the business or
	premises of the holder of a distributor's license;
	(22)  purchased, sold, offered for sale, distributed,
	or delivered an alcoholic beverage, or consumed an alcoholic
	beverage or permitted one to be consumed on the licensed premises
	while his license was under suspension;
	(23)  purchased, possessed, stored, sold, or offered
	for sale beer in or from an original package bearing a brand or
	trade name of a manufacturer other than the brand or trade name
	shown on the container;
	(24)  habitually uses alcoholic beverages to excess, is
	mentally incompetent, or is physically unable to manage his
	establishment;
	(25)  imported beer into this state except as
	authorized by Section 107.07 of this code;
	(26)  occupied premises in which the holder of a
	manufacturer's or distributor's license had an interest of any
	kind;
	(27)  knowingly permitted a person who had an interest
	in a permit or license which was cancelled for cause to sell,
	handle, or assist in selling or handling alcoholic beverages on the
	licensed premises within one year after the cancellation;
	(28)  was financially interested in a place of business
	engaged in the selling of distilled spirits or permitted a person
	having an interest in that type of business to have a financial
	interest in the business authorized by his license, except as
	permitted by Section 22.06, 24.05, or 102.05 of this code;
	(29)  is residentially domiciled with or related to a
	person engaged in selling distilled spirits, except as permitted by
	Section 22.06, 24.05, or 102.05 of this code, so that there is a
	community of interests which the commission or administrator finds
	contrary to the purposes of this code;
	(30)  is residentially domiciled with or related to a
	person whose license has been cancelled within the preceding 12
	months so that there is a community of interests which the
	commission or administrator finds contrary to the purposes of this
	code; [or]
	(31)  failed to promptly report to the commission a
	breach of the peace occurring on the licensee's licensed premises;
	or
	(32)  has failed to timely notify the commission of a
	change in mailing address as required by Section 11.081 or 61.081.
	SECTION 7.  This Act takes effect September 1, 2011.