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A BILL TO BE ENTITLED
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AN ACT
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relating to alcoholic beverage license applications and fees. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 61.31(a) and (b), Alcoholic Beverage |
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Code, are amended to read as follows: |
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(a) A person may file an application for a license to |
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manufacture, distribute, store, or sell beer with the commission on |
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forms prescribed by the commission [in termtime or vacation with
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the county judge of the county in which he desires to conduct
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business. He shall file the application in duplicate]. |
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(b) The county judge shall set a protested [the] application |
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for a hearing to be held not less than 15 [5] nor more than 20 [10] |
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days after the date the commission submits the application to the |
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county judge for a hearing [is filed]. |
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SECTION 2. Section 61.32(b), Alcoholic Beverage Code, is |
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amended to read as follows: |
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(b) If the county judge enters an order favorable to the |
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applicant, the applicant shall present a copy of the order to the |
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commission [assessor and collector of taxes of the county and pay
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that officer the appropriate license fee. The assessor and
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collector of taxes then shall report to the commission on a form
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prescribed by the commission, certifying that the application was
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approved and that all required fees have been paid and furnishing
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any other information the commission requires. The assessor and
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collector of taxes shall attach a copy of the original application
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to the report]. |
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SECTION 3. Section 61.33, Alcoholic Beverage Code, is |
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amended to read as follows: |
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Sec. 61.33. ACTION BY COMMISSION OR ADMINISTRATOR. (a) On |
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receiving an order [a report] from the county judge [assessor and
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collector of taxes] under Section 61.32(b) [of this code], the |
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commission or administrator shall issue the appropriate license if |
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the commission or administrator finds that the applicant is |
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entitled to a license. The license shall show the class of business |
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the applicant is authorized to conduct, the amount of fees paid, the |
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address of the place of business, the date the license is issued and |
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the date it expires, and any other information the commission |
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considers proper. |
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(b) The commission or administrator may refuse to issue a |
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license after receiving the order from [report of] the county judge |
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[assessor and collector of taxes] if the commission or |
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administrator possesses information from which it is determined |
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that any statement in the license application is false or |
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misleading or that there is other legal reason why a license should |
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not be issued. If the commission or administrator refuses to issue |
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a license, the commission [it] or administrator [he] shall enter an |
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order accordingly and the applicant is entitled to a refund of any |
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license fee the applicant [he] paid [the assessor and collector of
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taxes] in connection with the application. |
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SECTION 4. Section 61.34(b), Alcoholic Beverage Code, is |
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amended to read as follows: |
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(b) If the judgment of the district court is in favor of the |
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applicant, regardless of whether an appeal is taken, the applicant |
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shall present a copy of the judgment [shall be presented] to the |
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commission [assessor and collector of taxes of the county where the
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application was made. The assessor and collector of taxes shall
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accept the fees required by this code and proceed as provided under
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Section 61.32 of this code as if the county judge had approved the
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application]. |
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SECTION 5. Section 61.35, Alcoholic Beverage Code, is |
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amended by amending Subsections (b) and (d) and adding Subsection |
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(e) to read as follows: |
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(b) All license fees, except those for temporary licenses, |
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shall be deposited as provided in Section 205.02 [of this code]. |
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Each license application must be accompanied by a cashier's check, |
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a teller's check, a check drawn on the account of a corporation |
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applying for a permit, a money order, or payment by credit card, |
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charge card, or other electronic form of payment approved by |
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commission rule for the amount of the state fee, payable to the |
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order of the comptroller. [The assessor and collector of taxes
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shall make statements of the amounts collected by him under this
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code to the commission at the times and in the manner required by
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the commission or administrator.] |
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(d) The commissioner may not refund a license fee except |
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when the [If a] licensee [engaged in selling beer] is prevented from |
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continuing in business by a local option election or when an |
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application for a license is rejected by the commission or |
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administrator [, he is entitled to a refund of a proportionate
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amount of the license fees he has paid covering the unexpired term
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of his license]. As much of the proceeds from license fees [derived
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under the provisions of this subtitle] as is necessary may be |
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appropriated for that purpose. |
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(e) The commission by rule may establish a method for |
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transmitting five percent of the license fee to the assessor and |
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collector of taxes of the county in which the applicant's business |
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is located. |
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SECTION 6. Section 61.38, Alcoholic Beverage Code, is |
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amended to read as follows: |
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Sec. 61.38. NOTICE OF APPLICATION. (a) Every original |
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applicant [When an application] for a license to manufacture, [or] |
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distribute, or [beer is filed, the county clerk shall post at the
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courthouse door a written notice containing the substance of the
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application and the date set for hearing.
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[(b)
When an original application to sell beer at retail at
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a location previously licensed is filed, the county clerk shall
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post at the courthouse door a written notice containing the
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substance of the application and the date set for hearing.
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[(c) When an original application to] sell beer at retail |
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shall give notice of the application by electronic or nonelectronic |
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publication at the applicant's own expense in [at a location not
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previously licensed is filed, the county clerk shall publish notice
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for] two consecutive issues of [in] a newspaper of general |
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circulation published in the city or town in which the applicant's |
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place of business is [to be] located. If no newspaper [of general
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circulation] is published in that city or town, the notice must |
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[shall] be published in a newspaper of general circulation |
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published in the county where the applicant's business is [to be] |
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located. If no newspaper [of general circulation] is published in |
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that county, the notice must [shall] be published in a qualified |
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newspaper [which is] published in the closest neighboring county |
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and [is] circulated in the county where the applicant's business is |
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located [license is sought]. |
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(b) The notice must [shall] be printed in 10-point boldface |
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type and must include: |
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(1) [shall set forth] the type of license applied for; |
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(2) the exact location of the business for which the |
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license is sought; |
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(3) the name of each [the] owner of the business and, |
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if the business is operated under an assumed name, [or owners;] the |
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trade name together with the name of each owner[, if operating under
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an assumed name]; and |
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(4) if [in] the [case of a corporate] applicant is a |
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corporation, the names and titles of all officers [of the
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corporation]. |
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(c) An applicant for a renewal license is not required to |
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publish notice. [At the time the application is filed, the
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applicant shall deposit with the clerk the cost of publishing
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notice, which the clerk shall use to pay for the publication.] |
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SECTION 7. Section 61.41(c), Alcoholic Beverage Code, is |
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amended to read as follows: |
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(c) If the holder of the existing license has made a |
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declaration required by the commission that the license holder will |
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no longer use the license, the license holder may not manufacture or |
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sell beer or possess it for the purpose of sale until the license |
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has been reinstated. The holder may apply to the commission [county
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judge] for the reinstatement of the license in the same manner and |
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according to the same procedure as in the case of an original |
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license application. The county judge or the commission or |
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administrator may deny reinstatement of the license for any cause |
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for which an original license application may be denied. |
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SECTION 8. Section 61.48, Alcoholic Beverage Code, is |
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amended to read as follows: |
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Sec. 61.48. RENEWAL APPLICATION. An application to renew a |
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license shall be filed with the commission [in writing with the
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assessor and collector of taxes of the county in which the licensed
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premises are located] no earlier than 30 days before the license |
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expires but not after it expires. The application shall be signed |
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by the applicant and shall contain complete information required by |
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the commission showing that the applicant is not disqualified from |
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holding a license. The application shall be accompanied by the |
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appropriate license fee [plus a filing fee of $2. The assessor and
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collector of taxes shall deposit the $2 filing fee in the county
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treasury and shall account for it as a fee of office]. No applicant |
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for a renewal may be required to pay any fee other than license fees |
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and the filing fee unless the applicant [he] is required by the |
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commission or administrator to submit to a renewal hearing before |
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the county judge. |
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SECTION 9. Section 61.49, Alcoholic Beverage Code, is |
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amended to read as follows: |
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Sec. 61.49. ACTION ON RENEWAL APPLICATION BY [TRANSMITTED
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TO] COMMISSION; REFUND OF FEE. When the renewal application has |
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been filed in accordance with Section 61.48 [of this code, the
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assessor and collector of taxes shall transmit to the commission
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the original copy of the application plus a certification that all
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required fees have been paid for the ensuing license period. On
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receiving the application and certification], the commission or |
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administrator may in its discretion issue a renewal license or |
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reject the application and require the applicant to file an |
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application with the county judge and submit to a hearing as is |
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required in the case of an original application. [When an
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application for renewal is rejected, the applicant is entitled to a
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refund of any license fee that was paid to the assessor and
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collector of taxes at the time the renewal application was filed.] |
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SECTION 10. The change in law made by this Act applies only |
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to a license application filed on or after the effective date of |
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this Act. A license application filed before the effective date of |
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this Act is governed by the law as it existed immediately before the |
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effective date of this Act, and that law is continued in effect for |
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that purpose. |
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SECTION 11. This Act takes effect September 1, 2013. |