Sec. 61.74. GROUNDS FOR CANCELLATION OR SUSPENSION: DISTRIBUTOR. (a) The commission or administrator may suspend for not more than 60 days or cancel an original or renewal general, local, or branch distributor's license if it is found, after notice and hearing, that the licensee:
(1) violated a provision of this code or a rule of the commission during the existence of the license sought to be cancelled or suspended or during the immediately preceding license period;
(2) was finally convicted for violating a penal provision of this code;
(3) was finally convicted of a felony while holding an original or renewal license;
(4) violated Section 101.41-101.43, 101.68, 102.11-102.15, 104.04, 108.01, or 108.04-108.06 of this code, or a rule or regulation promulgated under Section 5.40 of this code;
(5) failed to comply with a requirement of the commission relating to the keeping of records or making of reports;
(6) failed to pay any tax due the state on any beer he sold, stored, or transported;
(7) refused to permit or interfered with an inspection of his licensed premises, vehicles, books, or records by an authorized representative of the commission;
(8) consummated a sale of beer outside the county or counties in which he was authorized to sell beer by his license;
(9) purchased, sold, offered for sale, distributed, or delivered beer while his license was under suspension;
(10) permitted the use of his license in the operation of a business conducted for the benefit of a person not authorized by law to have an interest in the business;
(11) made a false or misleading representation or statement in his original application or a renewal application;
(12) habitually uses alcoholic beverages to excess, is mentally incompetent, or is physically unable to manage his establishment;
(13) misrepresented any beer sold by him to a retailer or to the public;
(14) with criminal negligence sold or delivered beer to a minor; or
(15) purchased, possessed, stored, sold, or offered for sale beer in an original package bearing a brand or trade name of a manufacturer other than the brand or trade name of the manufacturer shown on the container.
(b) Each ground specified in Subsection (a) of this section also applies to each member of a partnership or association and, as to a corporation, to the president, manager, and owner of the majority of the corporate stock. The grounds specified in Subdivisions (7)-(9) and (13)-(15) also apply to an agent, servant, or employee of the licensee.
Acts 1977, 65th Leg., p. 471, ch. 194, Sec. 1, eff. Sept. 1, 1977. Amended by Acts 1979, 66th Leg., p. 1972, ch. 777, Sec. 20, eff. Aug. 27, 1979; Acts 1981, 67th Leg., p. 256, ch. 107, Sec. 6, eff. Sept. 1, 1981; Acts 1985, 69th Leg., ch. 285, Sec. 7, eff. Sept. 1, 1986; Acts 1985, 69th Leg., ch. 462, Sec. 8, eff. Sept. 1, 1986; Acts 1993, 73rd Leg., ch. 437, Sec. 3, eff. Sept. 1, 1993; Acts 1993, 73rd Leg., ch. 934, Sec. 54, eff. Sept. 1, 1993.
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