Texas Alcoholic Beverage Code - Section 61.42. Mandatory Grounds For Refusal: Distributor Or Retailer
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§ 61.42. MANDATORY GROUNDS FOR REFUSAL: DISTRIBUTOR OR
RETAILER. (a) The county judge shall refuse to approve an
application for a license as a distributor or retailer if he has
reasonable grounds to believe and finds that:
(1) the applicant is a minor;
(2) the applicant is indebted to the state for any
taxes, fees, or penalties imposed by this code or by rule of the
commission;
(3) the place or manner in which the applicant for a
retail dealer's license may conduct his business warrants a refusal
of a license based on the general welfare, health, peace, morals,
safety, and sense of decency of the people;
(4) the applicant is in the habit of using alcoholic
beverages to excess or is mentally or physically incompetent;
(5) 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 an
original or renewal license on or before September 1, 1948;
(6) the applicant was finally convicted of a felony
during the five years immediately preceding the filing of his
application;
(7) 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; or
(8) as to a corporation, it is not incorporated under
the laws of this state, or at least 51 percent of the corporate
stock is not owned at all times by persons who individually are
qualified to obtain a license, except that this subdivision does
not apply to a holder of any renewal of a distributor's license
which was in effect on January 1, 1953, or to an applicant for a beer
retailer's on-premise license for a railway car.
(b) The county judge, commission, or administrator shall
refuse to approve or issue an original retail dealer's or retail
dealer's on-premise license unless the applicant for the license
files with the application a certificate issued by the comptroller
of public accounts stating that the applicant holds, or has applied
for and satisfies all legal requirements for the issuance of, a
sales tax permit for the place of business for which the license is
sought.
(c) The county judge, commission, or administrator shall
refuse to approve or issue for a period of one year a retail
dealer's on-premise license or a wine and beer retailer's permit for
a premises where a license or permit has been canceled during the
preceding 12 months as a result of a shooting, stabbing, or other
violent act, or as a result of an offense involving drugs.
Acts 1977, 65th Leg., p. 466, ch. 194, § 1, eff. Sept. 1, 1977.
Amended by Acts 1979, 66th Leg., p. 1967, ch. 777, § 6, eff. Aug.
27, 1979; Acts 1981, 67th Leg., p. 254, ch. 107, § 4, eff. Sept.
1, 1981; Acts 1985, 69th Leg., ch. 285, § 5, eff. Sept. 1, 1986;
Acts 1985, 69th Leg., ch. 462, § 6, eff. Sept. 1, 1986; Acts
1985, 69th Leg., ch. 690, § 2, eff. Sept. 1, 1985; Acts 1993,
73rd Leg., ch. 934, § 50, 51, eff. Sept. 1, 1993; Acts 2003, 78th
Leg., ch. 625, § 3, eff. Sept. 1, 2003.
Section: 61.37 61.38 61.381 61.382 61.39 61.40 61.41 61.42 61.43 61.44 61.45 61.46 61.47 61.48 61.49
Last modified: August 10, 2007
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