Texas Alcoholic Beverage Code Title 3, Chapter 11 - Provisions Generally Applicable To Permits

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 11.01 - Permit Required
  (a) No person who has not first obtained a permit of the type required for the privilege exercised may, in a wet area, do any...
• Texas Section 11.015 - Hearing Location
  Notwithstanding any other provision of this code, except for a hearing required to be conducted by a county judge, a hearing related to the issuance,...
• Texas Section 11.02 - Separate Permit Required
  A separate permit shall be obtained and a separate fee paid for each outlet of liquor in the state. Acts 1977, 65th Leg., p. 404,...
• Texas Section 11.03 - Nature Of Permit
  A permit issued under this code is a purely personal privilege and is subject to revocation as provided in this code. It is not property,...
• Texas Section 11.04 - Must Display Permit
  All permits shall be displayed in a conspicuous place at all times on the licensed premises. Acts 1977, 65th Leg., p. 404, ch. 194, Sec....
• Texas Section 11.041 - Warning Sign Required
  (a) Each holder of a permit who is not otherwise required to display a sign under Section 411.204, Government Code, shall display in a prominent...
• Texas Section 11.042 - Health Risks Warning Sign
  (a) The commission by rule shall require the holder of a permit authorizing the sale of alcoholic beverages for on-premises consumption to display a warning...
• Texas Section 11.05 - Unauthorized Use Of Permit
  A permittee may not consent to or allow the use or display of the permittee's permit by a person other than the person to whom...
• Texas Section 11.06 - Privileges Limited To Licensed Premises
  No person may use a permit or exercise any privileges granted by the permit except at the place, address, premises, or location for which the...
• Texas Section 11.07 - Duplicate Or Corrected Permit
  If a permit is lost, destroyed, or needs to be changed, the commission may issue a duplicate or corrected permit. Acts 1977, 65th Leg., p....
• Texas Section 11.08 - Change Of Location
  If a permittee desires to change the location of his place of business, he may file an application for a change of location with the...
• Texas Section 11.09 - Expiration Or Suspension Of Permit
  (a) A permit issued under this code expires on the second anniversary of the date it is issued, except as provided by Subsections (d) and...
• Texas Section 11.091 - Notification Of Expired Or Suspended Permit
  (a) The commission shall verify that the holder of an expired or suspended retail permit is not operating in violation of this code. The verification,...
• Texas Section 11.10 - Succession On Death, Bankruptcy, Etc
  On the death of the permittee or of a person having an interest in the permit, or on bankruptcy, receivership, or partnership dissolution, the receiver...
• Texas Section 11.11 - Conduct Surety Bond
  (a) Except as provided in Subsection (e) of this section, an applicant for a permit or a holder of a permit issued under: (1) Chapter...
• Texas Section 11.12 - Altering Form Of Business Entity
  (a) The holder of a permit issued under this chapter, including a food and beverage certificate, may alter the form of the business entity that...

SUBCHAPTER B APPLICATION FOR AND ISSUANCE OF PERMITS

• Texas Section 11.13 - Certain Applications Prohibited
  (a) This section applies only to a license or permit held in connection with an establishment located in a county with a population of 1.4...
• Texas Section 11.31 - Application For Permit
  All permits shall be applied for and obtained from the commission. This section does not apply to wine and beer retailer's permits, except those for...
• Texas Section 11.32 - Renewal Application
  Renewal applications shall be made under oath and shall contain all information required by the commission or administrator showing that the applicant is qualified to...
• Texas Section 11.321 - Administrative Penalty In Certain Counties
  (a) This section applies only to an original or renewal application made in connection with an establishment located in a county with a population of...
• Texas Section 11.33 - Application Forms
  All permit application forms shall be provided by the commission. Acts 1977, 65th Leg., p. 406, ch. 194, Sec. 1, eff. Sept. 1, 1977.
• Texas Section 11.34 - Consolidated Application
  (a) An applicant for a wholesaler's, class B wholesaler's, distiller's and rectifier's, brewer's, or winery permit may consolidate in a single application his application for...
• Texas Section 11.35 - Payment Of Fee
  (a) Each permit application must be accompanied by a cashier's check, a teller's check, a check drawn on the account of a corporation applying for...
• Texas Section 11.36 - Refund Of Fee
  The commission may not refund a permit fee except when the permittee is prevented from continuing in business because of a local option election or...
• Texas Section 11.37 - Certification Of Wet Or Dry Status
  (a) The county clerk of the county in which an application for a permit is made shall certify whether the location or address given in...
• Texas Section 11.38 - Local Fee Authorized
  (a) The governing body of a city or town may levy and collect a fee not to exceed one-half the state fee for each permit...
• Texas Section 11.39 - Applicant To Publish Notice
  (a) Every applicant for a brewer's, distiller's and rectifier's, mixed beverage, private club registration, winery, wholesaler's, class B wholesaler's, wine bottler's, or package store permit...
• Texas Section 11.391 - Notice By Sign
  (a) An applicant for a permit issued under this code for a location not previously licensed for the on-premises consumption of alcoholic beverages must, not...
• Texas Section 11.392 - Notice Of Private Club Application Or Renewal
  (a) The commission shall give notice of an application for a permit or renewal of a permit issued under Chapter 32 or 33 to: (1)...
• Texas Section 11.393 - Notice By Mail
  (a) Except as provided by Subsection (b), a person who submits an original application for a private club registration permit or a permit authorizing the...
• Texas Section 11.41 - Recommendation Of Local Officials
  (a) When a person applies for a permit, the commission or administrator may give due consideration to the recommendations of the mayor, the city council...
• Texas Section 11.42 - Statement Of Stock Ownership
  The commission at any time may require an officer of a corporation holding a permit to file a sworn statement showing the actual owners of...
• Texas Section 11.43 - Discretion To Grant Or Refuse Permit
  (a) The commission and administrator have discretionary authority to grant or refuse to issue an original or renewal permit under the provisions of this subchapter...
• Texas Section 11.44 - Premises Ineligible For Permit Or License
  (a) Except as provided by Subsection (c), if an order of suspension against a permit or license is pending or unexpired, or if the commission...
• Texas Section 11.45 - "Applicant" Defined
  The word "applicant," as used in Sections 11.46 through 11.48 of this code, also includes, as of the date of the application, each member of...
• Texas Section 11.46 - General Grounds For Refusal
  (a) The commission or administrator may refuse to issue an original or renewal permit with or without a hearing if it has reasonable grounds to...
• Texas Section 11.47 - Refusal Of Permit: Interest In Beer Establishment
  The commission or administrator may refuse to issue an original or renewal permit with or without a hearing if it has reasonable grounds to believe...
• Texas Section 11.48 - Refusal Of Package Store Or Mixed Beverage Permit
  (a) The commission or administrator may refuse to issue an original or renewal mixed beverage permit with or without a hearing if it has reasonable...
• Texas Section 11.481 - Refusal Of Permit Authorizing On-premises Consumption
  (a) In this section, "applicant" has the meaning assigned by Section 11.45. (b) The commission or administrator shall refuse to issue an original or renewal...
• Texas Section 11.49 - Premises Defined; Designation Of Licensed Premises
  (a) In this code, "premises" means the grounds and all buildings, vehicles, and appurtenances pertaining to the grounds, including any adjacent premises if they are...
• Texas Section 11.492 - Change Of License Or Permit From On-premise To Off-premise
  (a) A holder of a wine and beer retailer's permit may change the permit to a wine and beer retailer's off-premise permit, and a holder...
• Texas Section 11.493 - Supplemental Or Amended Designation Of Premises
  (a) Subject to the limitations imposed by Section 11.49 of this code on designating a portion of a building or premises where alcoholic beverages may...
• Texas Section 11.494 - Supplemental Designation Of Certain Areas Authorized
  The holder of a mixed beverage permit or private club permit covering premises located in or adjacent to an area described in Section 251.74(b)(1) of...
• Texas Section 11.495 - Conformance Of Premises With The Americans With Disabilities Act
  (a) A permittee or licensee shall certify that any area to be designated as the premises where alcoholic beverages may be sold or served has...
• Texas Section 11.50 - Licensing A Portion Of A Building As Premises
  (a) This section applies to a package store permit which was issued on or before April 1, 1971, and which was in good standing, not...
• Texas Section 11.51 - Wholesalers May Share Delivery Vehicles
  Section 64.07 of this code relates to delivery vehicles shared by wholesalers. Added by Acts 1987, 70th Leg., ch. 359, Sec. 2, eff. Aug. 31,

SUBCHAPTER C CANCELLATION AND SUSPENSION OF PERMITS

• Texas Section 11.52 - Restrictions On Location In Certain Municipalities
  (a) In a municipality with a population of 1,500,000 or more, on the assertion by any person of any justiciable grounds for a suspension, denial,...
• Texas Section 11.61 - Cancellation Or Suspension Of Permit
  (a) As used in Subsection (b) of this section, the word "permittee" also includes each member of a partnership or association and, with respect to...
• Texas Section 11.611 - Conviction Of Offense Relating To Discrimination
  The commission or administrator may suspend for not more than 60 days or cancel an original or renewal permit if it is found, after notice...
• Texas Section 11.612 - Cancellation Of Private Club Permit
  (a) The commission or administrator may cancel an original or a renewal permit issued under Chapter 32 or 33 and may refuse to issue any...
• Texas Section 11.613 - Summary Suspension Of Private Club Permit
  The commission or administrator without a hearing may for investigative purposes summarily suspend a permit issued under Chapter 32 or 33 for not more than...
• Texas Section 11.62 - Hearing For Cancellation Or Suspension Of Permit
  The commission or administrator may, on the motion of either, set a date for a hearing to determine if a permit should be cancelled or...
• Texas Section 11.63 - Notice Of Hearing
  At least 10 days' notice shall be given when a hearing is provided by this code. A notice of hearing for the refusal, cancellation, or...
• Texas Section 11.64 - Alternatives To Suspension, Cancellation
  (a) When the commission or administrator is authorized to suspend a permit or license under this code, the commission or administrator shall give the permittee...
• Texas Section 11.641 - Amount Of Civil Penalty
  (a) The amount of the civil penalty under Section 11.64 must be appropriate for the nature and seriousness of the violation. In determining the amount...
• Texas Section 11.65 - Notice Of Cancellation Or Suspension
  (a) A notice of cancellation or suspension of a license or permit shall be given to the licensee or permittee as provided by Section 2001.142,...
• Texas Section 11.66 - Suspension Or Cancellation Against Retailer
  Except for a violation of the credit or cash law, a penalty of suspension or cancellation of the license or permit of a retailer shall...
• Texas Section 11.67 - Appeal From Cancellation, Suspension, Or Refusal Of License Or Permit
  (a) An appeal from an order of the commission or administrator refusing, cancelling, or suspending a permit or license may be taken to the district...
• Texas Section 11.68 - Activities Prohibited During Suspension
  No permittee may sell, offer for sale, distribute, or deliver any alcoholic beverage while his permit is suspended. Acts 1977, 65th Leg., p. 413, ch....
• Texas Section 11.69 - Disposal Of Beverages In Bulk
  The commission may provide by rule the manner and time in which a person whose license or permit is suspended or cancelled or a receiver...
• Texas Section 11.70 - Liability Of Surety
  (a) If a permittee or a person having an interest in a permit is finally convicted of the violation of a provision of this code...
• Texas Section 11.71 - Surety May Terminate Liability
  A surety under the bond of a permittee may terminate its liability by giving 30 days' written notice of termination, served personally or by registered...
• Texas Section 11.72 - Discipline For Actions Of Agent
  The commission or administrator may suspend or revoke the permit of a person who is represented by the holder of an agent's permit under Section...
• Texas Section 11.73 - Affirmation Of Compliance
  A person who holds a permit under Chapter 19, 20, 21, or 23 may not be subject to an administrative sanction for selling or delivering...

Last modified: September 28, 2016