Texas Alcoholic Beverage Code Title 3, Chapter 61 - Provisions Generally Applicable To Licenses

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 61.01 - License Required
  No person may manufacture or brew beer for the purpose of sale, import it into this state, distribute or sell it, or possess it for...
• Texas Section 61.02 - Nature Of License; Succession On Death, Bankruptcy, Etc
  (a) A license issued under this code is a purely personal privilege and is subject to revocation as provided in this code. It is not...
• Texas Section 61.03 - Expiration Or Suspension Of License
  (a) Except as provided by Subsections (d) and (e) or another provision of this code, any license except a branch, importer's, importer's carrier's, or temporary...
• Texas Section 61.031 - Notification Of Expired Or Suspended License
  (a) The commission shall verify that the holder of an expired or suspended retail license is not operating in violation of this code. The verification,...
• Texas Section 61.04 - License Not Assignable
  No holder of a license may assign his license to another person. Acts 1977, 65th Leg., p. 461, ch. 194, Sec. 1, eff. Sept. 1,
• Texas Section 61.05 - Name Of Business
  No person may conduct a business engaged in the manufacture, distribution, importation, or sale of beer as owner or part owner except under the name...
• Texas Section 61.06 - Privileges Limited To Licensed Premises; Deliveries
  No person licensed to sell beer, except a manufacturer or distributor, may use or display a license or exercise a privilege granted by the license...
• Texas Section 61.07 - Agent For Service
  Each manufacturer, distributor, or person shipping or delivering beer into this state shall file a certificate with the secretary of state designating the name, street...
• Texas Section 61.08 - Statement Of Stock Ownership
  The commission at any time may require an officer of a corporation holding a license to file a sworn statement showing the actual owners of...
• Texas Section 61.09 - Change Of Location
  If a licensee desires to change the licensee's place of business, the licensee may do so by applying to the commission on a form prescribed...
• Texas Section 61.10 - Replacement Of License
  If a license is mutilated or destroyed, the commission or administrator may issue another license as a replacement in a manner acceptable to the commission...
• Texas Section 61.11 - Warning Sign Required
  (a) Each holder of a license who is not otherwise required to display a sign under Section 411.204, Government Code, shall display in a prominent...
• Texas Section 61.111 - Health Risks Warning Sign
  (a) The commission by rule shall require the holder of a license authorizing the sale of beer for on-premises consumption to display a warning sign...
• Texas Section 61.12 - Restriction On Consumption
  No licensee except a holder of a license authorizing on-premises consumption of beer may permit beer to be consumed on the premises where it is...
• Texas Section 61.13 - Conduct Surety Bond
  (a) Except as provided in Subsection (e) of this section, an applicant for a license or a holder of a license issued under Chapter 69...
• Texas Section 61.14 - Altering Form Of Business Entity
  (a) The holder of a license issued under this chapter, including a food and beverage certificate, may alter the form of the business entity that...
• Texas Section 61.15 - Certain Applications Prohibited
  Section 11.13 applies to an application for a license under this subtitle. Added by Acts 2005, 79th Leg., Ch. 452 (S.B. 1850), Sec. 5, eff....

SUBCHAPTER B APPLICATION AND ISSUANCE OF LICENSES

• Texas Section 61.16 - Unauthorized Use Of License
  A licensee may not consent to or allow the use or display of the licensee's license by a person other than the person to whom...
• Texas Section 61.31 - Application For License
  (a) A person may file an application for a license to manufacture, distribute, store, or sell beer with the commission on forms prescribed by the...
• Texas Section 61.311 - Masters In Certain Counties
  (a) The county judge of a county with a population of 1.3 million or more may appoint a master to hear an application under this...
• Texas Section 61.312 - Delegation Of Duties Of County Judge
  (a) A county judge may file an order with the commissioners court of the county delegating to another county officer the duty to hear applications...
• Texas Section 61.32 - Protest Hearing By County Judge
  (a) If the county judge finds that all facts stated in the application are true and no legal ground to refuse a license exists, he...
• Texas Section 61.33 - Action By Commission Or Administrator After Protest Hearing
  (a) On receiving an order from the county judge under Section 61.32(b), the commission or administrator shall issue the appropriate license if the commission or...
• Texas Section 61.34 - Appeal From Denial
  (a) If the county judge, commission, or administrator denies an application, the applicant may appeal within 30 days from the date the order becomes final...
• Texas Section 61.35 - License Fees
  (a) A separate license fee is required for each place of business that manufactures, imports, or sells beer. (b) All license fees, except those for...
• Texas Section 61.36 - Local Fee Authorized
  (a) The governing body of an incorporated city or town may levy and collect a fee not to exceed one-half of the state fee for...
• Texas Section 61.37 - Certification Of Wet Or Dry Status
  (a) The county clerk of the county in which an application for a license is made shall certify whether the location or address given in...
• Texas Section 61.38 - Notice Of Application
  (a) Every original applicant for a license to manufacture, distribute, or sell beer at retail shall give notice of the application by electronic or nonelectronic...
• Texas Section 61.381 - Notice By Sign
  (a) An applicant for a license issued under this code for a location not previously licensed for the on-premises consumption of alcoholic beverages must, not...
• Texas Section 61.382 - Notice By Mail
  (a) Except as provided by Subsection (b), a person who submits an original application for a license authorizing the retail sale of beer for on-premises...
• Texas Section 61.39 - May Contest Application
  Any person may contest the facts stated in an application for a license to distribute, manufacture, or sell beer at retail, or the applicant's right...
• Texas Section 61.40 - Premises Ineligible For License
  Section 11.44 of this code, which describes certain premises that are ineligible for a license, applies to licenses issued under this subtitle. Acts 1977, 65th...
• Texas Section 61.41 - Second License At Same Location; Effect On Existing License
  (a) Except as provided by Subsection (d), no license may be issued for a premises, location, or place of business for which a license is...
• Texas Section 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...
• Texas Section 61.421 - Refusal Of License Authorizing On-premises Consumption
  (a) In this section, "applicant" has the meaning assigned by Section 11.45. (b) The commission or administrator, with or without a hearing, or the county...
• Texas Section 61.43 - Discretionary Grounds For Refusal: Distributor Or Retailer
  (a) The county judge may refuse to approve an application for a license as a distributor or retailer if the county judge has reasonable grounds...
• Texas Section 61.44 - Refusal Of Distributor's Or Retailer's License: Prohibited Interests
  (a) The county judge may refuse to approve an application for a license as a distributor or retailer if he has reasonable grounds to believe...
• Texas Section 61.45 - Refusal Of Retailer's Or Distributor's License: Prohibited Interest In Premises
  (a) The county judge may refuse to approve an application for a retail dealer's license if he has reasonable grounds to believe and finds that:...
• Texas Section 61.46 - Manufacturer's License: Grounds For Refusal
  (a) This section applies to any applicant for a manufacturer's license, including a domestic corporation or foreign corporation qualified to do business in Texas, administrator...
• Texas Section 61.47 - Retail License: Refusal By Commission Or Administrator
  If the county judge approves an application for a license as a retail dealer, the commission or administrator may refuse to issue a license for...
• Texas Section 61.48 - Renewal Application
  An application to renew a license shall be filed with the commission no earlier than 30 days before the license expires but not after it...
• Texas Section 61.49 - Action On Renewal Application By Commission; Refund Of Fee
  When the renewal application has been filed in accordance with Section 61.48, the commission or administrator may in its discretion issue a renewal license or...
• Texas Section 61.50 - Renewal Of Retail Dealer's License: Grounds For Refusal
  The commission or administrator, without a hearing, may refuse to issue a renewal of a retail dealer's license and require the applicant to make an...
• Texas Section 61.51 - Premises Defined; Designation Of Licensed Premises
  "Premises" is defined in Section 11.49 of this code. The designating of licensed premises by license applicants is also covered by that section. Acts 1977,...

SUBCHAPTER C CANCELLATION AND SUSPENSION OF LICENSES

• Texas Section 61.52 - Administrative Penalty In Certain Counties
  Section 11.321 applies to an original or renewal application for a retail dealer's on-premise license, other than a license with a food and beverage certificate,...
• Texas Section 61.71 - Grounds For Cancellation Or Suspension: Retail Dealer
  (a) The commission or administrator may suspend for not more than 60 days or cancel an original or renewal retail dealer's on- or off-premise license...
• Texas Section 61.711 - Retail Dealer: Conviction Of Offense Relating To Discrimination
  The commission or administrator may suspend for not more than 60 days or cancel an original or renewal retail dealer's on- or off-premise license if...
• Texas Section 61.712 - Grounds For Cancellation Or Suspension: Sales Tax
  The commission or administrator may refuse to renew or, after notice and hearing, suspend for not more than 60 days or cancel a license if...
• Texas Section 61.713 - Cancellation For Improper Display Or Use Of License
  Notwithstanding Section 61.76 or 61.761, the commission or administrator shall cancel an original or renewal license if it is found, after notice and hearing, that...
• Texas Section 61.72 - Suspension Or Cancellation: Retailer: Premises
  Except for a violation of the credit or cash law, a penalty of suspension or cancellation of the license of a retail dealer shall be...
• Texas Section 61.721 - Cancellation Of Permit Or License In Certain Municipalities
  The commission or administrator may cancel an original or a renewal wine and beer retailer's permit or retail dealer's on-premise license and may refuse to...
• Texas Section 61.73 - Retail Dealer: Credit Purchase Or Dishonored Check
  (a) The commission or administrator may suspend for not more than 60 days or cancel an original or renewal retail dealer's on- or off-premise license...
• Texas Section 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...
• Texas Section 61.75 - Suspension Of Manufacturer's License
  If a manufacturer violates a provision of this code or a rule of the commission, the commission or administrator may order the manufacturer to cease...
• Texas Section 61.76 - Suspension Instead Of Cancellation
  When a cause for the cancellation of a license is prescribed by this code, the commission or administrator has the discretionary authority to suspend the...
• Texas Section 61.761 - Alternatives To Suspension, Cancellation
  Section 11.64 of this code relates to alternatives to the suspension or cancellation of a license. Added by Acts 1977, 65th Leg., p. 1183, ch....
• Texas Section 61.77 - Certain Acts Also Violations Of Code
  Any act of omission or commission which is a ground for cancellation or suspension of a license under Section 61.71, 61.74, or 61.75 of this...
• Texas Section 61.78 - Violator Not Excused By Cancellation Or Suspension
  The cancellation or suspension of a license does not excuse the violator from the penalties provided in this code. Acts 1977, 65th Leg., p. 472,...
• Texas Section 61.79 - Notice Of Hearing: Refusal, Cancellation, Or Suspension Of License
  Section 11.63 of this code relates to notice of a hearing for the refusal, cancellation, or suspension of a license. Acts 1977, 65th Leg., p....
• Texas Section 61.80 - Hearing For Cancellation Or Suspension Of License
  The commission or administrator, on the motion of either, may set a date for a hearing to determine if a license should be cancelled or...
• Texas Section 61.81 - Appeal From Cancellation, Suspension, Or Refusal Of License
  Section 11.67 of this code applies to an appeal from a decision or order of the commission or administrator refusing, cancelling, or suspending a license....
• Texas Section 61.82 - May Not Restrain Suspension Order
  No suit of any nature may be maintained in a court of this state to restrain the commission or administrator or any other officer from...
• Texas Section 61.83 - Cancellation Or Suspension: When Effective
  The manner in which the suspension or cancellation of a license takes effect is governed by Section 11.65 of this code. Acts 1977, 65th Leg.,...
• Texas Section 61.84 - Activities Prohibited During Cancellation Or Suspension
  (a) No person whose license is cancelled may sell or offer for sale beer for a period of one year immediately following the cancellation, unless...
• Texas Section 61.85 - Disposal Of Stock On Termination Of License
  (a) A person whose license is cancelled or forfeited may, within 30 days of the cancellation or forfeiture, make a bulk sale or disposal of...
• Texas Section 61.86 - Discipline For Actions Of Agent
  The commission or administrator may suspend or revoke the license of a person who is the employer of or represented by the holder of an...
• Texas Section 61.87 - Affirmation Of Compliance
  A person who holds a license under Chapter 64, 65, or 66 may not be subject to an administrative sanction for selling or delivering an...

Last modified: September 28, 2016