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Texas Laws | Alcoholic Beverage Code
ALCOHOLIC BEVERAGE CODE
TITLE 2. ADMINISTRATION OF CODE

(3) the applicant corporation is not precluded by law, rule, charter, or corporate bylaw from disclosing the applicant's shareholders to the commission; and (522)

(4) the applicant corporation maintains its books and records relating to its alcoholic beverage operations in the state at its registered office or at a location in the state approved in writing by the commission. (523)

(l) Corporations subject to Subsection (k) of this section that have substantially similar ownership may merge or consolidate. A fee of $100 shall be paid to the commission for each licensed or permitted premises that is merged or consolidated into the surviving corporation. The surviving corporation succeeds to all privileges of the prior corporation that held the permits or licenses if the surviving corporation is qualified to hold the permits or licenses under this code. For the purposes of this subsection, corporations have substantially similar ownership if 90 percent or more of the corporations is owned by the same person or persons or by the same corporation or corporations or if the surviving corporation has maintained an ownership interest in the merged or consolidated corporations since the date the original permit or license was issued. (524)

Added by Acts 1993, 73rd Leg., ch. 934, Sec. 16, eff. Sept. 1, 1993. (525)

Sec. 6.04. GRACE PERIOD ON RENEWAL OF LICENSES AND PERMITS. (526)(Text)

(a) Notwithstanding any other provision of this code, the holder of a license or permit issued under this code may renew the license or permit rather than reapply for an original license or permit if, not later than the 30th day after the date of the expiration of the license or permit, the holder files a renewal application and the required license or permit fee with the commission and pays a late fee as provided by rules of the commission. (527)

(b) If an application is filed under Subsection (a), a violation of the law that occurs before the filing of a renewal application may be the basis for an administrative action against the holder of the license or permit. (528)

(c) The holder of a license or permit who does not renew the license or permit before its expiration date may not operate until the holder files an application under Subsection (a). (529)

(d) The commission shall adopt rules necessary to implement this section. (530)

Added by Acts 1993, 73rd Leg., ch. 934, Sec. 16, eff. Sept. 1, 1993. Amended by Acts 2001, 77th Leg., ch. 364, Sec. 1, eff. Sept. 1, 2001. (531)

Sec. 6.05. CORPORATE LIABILITY. (532)(Text)

A corporation with an ownership interest in a corporation holding a permit under Section 6.03(k) of this code and which shares space, employees, business facilities, or services is subject to liability under Chapter 2 of this code. (533)

Added by Acts 1993, 73rd Leg., ch. 934, Sec. 17, eff. Sept. 1, 1993. (534)

TITLE 3. LICENSES AND PERMITS (535)(Text)

SUBTITLE A. PERMITS (536)(Text)

CHAPTER 11. PROVISIONS GENERALLY APPLICABLE TO PERMITS (537)(Text)
SUBCHAPTER A. GENERAL PROVISIONS (538)(Text)
Sec. 11.01. PERMIT REQUIRED. (539)(Text)

(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: (540)

(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; (541)

(2) solicit or take orders for liquor; or (542)

(3) for the purpose of sale, bottle, rectify, blend, treat, fortify, mix, or process liquor. (543)

(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. (544)

(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. (545)

Acts 1977, 65th Leg., p. 404, ch. 194, Sec. 1, eff. Sept. 1, 1977. (546)

Sec. 11.015. HEARING LOCATION. (547)(Text)

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: (548)

(1) in the county in which the premises is located; (549)

(2) at the nearest permanent hearing office of the State Office of Administrative Hearings; or (550)

(3) at any location agreed to by the parties. (551)

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. (552)

Sec. 11.02. SEPARATE PERMIT REQUIRED. (553)(Text)

A separate permit shall be obtained and a separate fee paid for each outlet of liquor in the state. (554)

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