Texas Laws - Alcoholic Beverage Code (pg. 16)
Chapter 6. Activities Subject To Regulation

pg. 16

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

(a) Not later than October 31 of each even-numbered year, the commission shall report to the legislature on the commission's enforcement efforts concerning alcohol sales and consumption during prohibited hours. ⁽⁴⁸⁵⁾

(b) The report must specify the number of individuals or establishments found to be: ⁽⁴⁸⁶⁾

(1) engaging in an activity for which a permit or license is required by this code without the required permit or license; ⁽⁴⁸⁷⁾

(2) selling, serving, or offering for sale an alcoholic beverage during prohibited hours in violation of Chapter 105 or Section 11.61(b)(23), 32.17(a)(7), or 61.71(a)(7); ⁽⁴⁸⁸⁾

(3) consuming or permitting consumption of an alcoholic beverage on a permitted or licensed premises during prohibited hours in violation of Chapter 105 or Section 11.61(b)(22), 32.17(a)(7), or 61.71(a)(17); or ⁽⁴⁸⁹⁾

(4) violating Section 11.61(b)(2), 32.17(a)(2), 32.17(a)(3), 61.71(a)(13), or 101.04 by: ⁽⁴⁹⁰⁾

(A) refusing to allow entry to a permitted or licensed premises by an inspector, investigator, or law enforcement official; ⁽⁴⁹¹⁾

(B) refusing to furnish information to an inspector, investigator, or law enforcement official; or ⁽⁴⁹²⁾

(C) interfering with or refusing to permit an inspection or investigation being conducted by an inspector, investigator, or law enforcement official. ⁽⁴⁹³⁾

(c) The commission shall report the information required by Subsection (b) on a statewide basis and for each region and major metropolitan area. ⁽⁴⁹⁴⁾

Added by Acts 2007, 80th Leg., R.S., Ch. 68 (S.B. 904), Sec. 15, eff. September 1, 2007. ⁽⁴⁹⁵⁾

Amended by: ⁽⁴⁹⁶⁾

Acts 2017, 85th Leg., R.S., Ch. 544 (S.B. 371), Sec. 1, eff. September 1, 2017. ⁽⁴⁹⁷⁾

CHAPTER 6. ACTIVITIES SUBJECT TO REGULATION ⁽⁴⁹⁸⁾(Text)

Sec. 6.01. RIGHTS AND PRIVILEGES; REVOCATION. ⁽⁴⁹⁹⁾(Text)

(a) 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 alcoholic beverages or possess equipment or material designed for or capable of use for manufacturing alcoholic beverages, if the right or privilege of doing so is granted by this code and the person has first obtained a license or permit of the proper type as required by this code. ⁽⁵⁰⁰⁾

(b) A license or permit issued under this code is a purely personal privilege and is subject to revocation or suspension if the holder is found to have violated a provision of this code or a rule of the commission. ⁽⁵⁰¹⁾

Added by Acts 1987, 70th Leg., ch. 303, Sec. 1, eff. June 11, 1987. Amended by Acts 1993, 73rd Leg., ch. 934, Sec. 15, eff. Sept. 1, 1993. ⁽⁵⁰²⁾

Sec. 6.02. COORDINATION OF EXPIRATION DATES. ⁽⁵⁰³⁾(Text)

(a) The commission may authorize a licensee or permittee to change the expiration date of a license or permit held by the licensee or permittee to any date that is agreeable to the commission, consistent with a reasonable annual distribution of renewal application review work of the commission, and to the licensee or permittee. ⁽⁵⁰⁴⁾

(b) The fee for an application for a change in expiration date is $25 per license or permit affected. ⁽⁵⁰⁵⁾

(c) The commission may not abate or refund a license or permit fee because of a change in the expiration date made under this section but may authorize a license or permit period of less than one year for the period during which the expiration date is changed. The commission may not authorize a license or permit period of greater than two years. ⁽⁵⁰⁶⁾

Added by Acts 1989, 71st Leg., 1st C.S., ch. 36, Sec. 5, eff. Oct. 18, 1989. ⁽⁵⁰⁷⁾

Amended by: ⁽⁵⁰⁸⁾

Acts 2007, 80th Leg., R.S., Ch. 986 (S.B. 1217), Sec. 2, eff. September 1, 2007. ⁽⁵⁰⁹⁾

Sec. 6.03. CITIZENSHIP REQUIREMENTS. ⁽⁵¹⁰⁾(Text)

(a) It is the public policy of this state and a purpose of this section to require that, except as provided in Subsection (k) of this section or otherwise in this code, a permit or license may not be issued to a person who was not a citizen of this state for a one-year period preceding the date of the filing of the person's application for a license or permit. In that regard, the legislature makes the findings in Subsections (b) through (j) of this section. ⁽⁵¹¹⁾

(b) Between 1920 and 1933, the distribution and consumption of alcoholic beverages was prohibited in the United States. While the idealistic motives behind Prohibition were noble, a law enforcement nightmare ensued. Otherwise law-abiding citizens routinely violated the law by buying and consuming alcoholic beverages. The demand for the illegal products created an opportunity for criminal elements to develop a national network for the supply and distribution of alcoholic beverages to the populace. Massive criminal empires were built on illicit profits from these unlawful activities and organized crime openly flourished in Chicago, New York, New Orleans, and other cities. ⁽⁵¹²⁾

(c) During Prohibition, the illegal enterprises used their national wholesale distribution networks to exert control over their customers. A common operating procedure was to sell alcoholic beverages to a speakeasy on liberal terms to ensnarl the owner in a web of debt and control with the aim of forcing the owner to engage in other illegal business enterprises on the premises including gambling, prostitution, and the distribution of illegal drugs. ⁽⁵¹³⁾

16