Texas Alcoholic Beverage Code - Section 108.79. Optional Preapproval Process
Legal Research Home >
Texas Lawyer > Alcoholic Beverage Code > Texas Alcoholic Beverage Code - Section 108.79. Optional Preapproval Process
§ 108.79. OPTIONAL PREAPPROVAL PROCESS. (a) Subject to
the terms of the relevant agreement, a permittee or licensee may by
certified mail, return receipt requested, submit to the
administrator in writing the permittee's or licensee's original or
amended advertising, promotional, sponsorship, or concessionaire
agreement relating to a public entertainment facility, requesting
the administrator's approval.
(b) Not later than the 30th day after the date the
administrator receives the request for preapproval under this
section, the administrator shall notify the permittee or licensee
in writing, by certified mail, return receipt requested, whether
the administrator approves, conditionally approves, or disapproves
the submission. If the administrator does not provide the
notification in that time and the permittee or licensee does not
agree to a timely and reasonable written request for an extension by
the administrator giving the reason for the request, the agreement
is considered approved as submitted.
(c) If the administrator conditionally approves or
disapproves a submission under Subsection (b), the administrator
shall specify in the notice provided under that subsection the
basis for the administrator's determination, referencing any
specific provisions of this code or other law involved in the
determination and any necessary and reasonable actions the
permittee or licensee may take to obtain approval of the
submission.
(d) On receipt of the administrator's conditional approval
or disapproval, the permittee or licensee may:
(1) revise and resubmit the agreement in compliance
with the administrator's specific comments and instructions,
including any discussions between the administrator and permittee
or licensee to resolve the issues involved in the administrator's
determination; or
(2) contest the commission's or administrator's
determinations, acts, or omissions related to this subchapter and
engage in informal mediation to resolve the dispute regarding the
submission.
(e) A submission under Subsection (d)(1) is subject to the
approval period prescribed by Subsection (b) unless the
administrator and the permittee or licensee agree otherwise.
Added by Acts 2003, 78th Leg., ch. 946, § 1, eff. Sept. 1, 2003.
Section: 108.72 108.73 108.74 108.75 108.76 108.77 108.78 108.79 108.80 108.81 109.01 109.02 109.03 109.04 109.05
Last modified: August 11, 2007
|
