CHAPTER 6. ACTIVITIES SUBJECT TO REGULATION

ALCOHOLIC BEVERAGE CODE

TITLE 2. ADMINISTRATION OF CODE

CHAPTER 6. ACTIVITIES SUBJECT TO REGULATION

Sec. 6.01. RIGHTS AND PRIVILEGES; REVOCATION. (a) A person may

manufacture, distill, brew, sell, import, export, transport,

distribute, warehouse, store, possess, possess for the purpose of

sale, bottle, rectify, blend, treat, fortify, mix, or process

alcoholic beverages or possess equipment or material designed for

or capable of use for manufacturing alcoholic beverages, if the

right or privilege of doing so is granted by this code and the

person has first obtained a license or permit of the proper type

as required by this code.

(b) A license or permit issued under this code is a purely

personal privilege and is subject to revocation or suspension if

the holder is found to have violated a provision of this code or

a rule of the commission.

Added by Acts 1987, 70th Leg., ch. 303, Sec. 1, eff. June 11,

1987. Amended by Acts 1993, 73rd Leg., ch. 934, Sec. 15, eff.

Sept. 1, 1993.

Sec. 6.02. COORDINATION OF EXPIRATION DATES. (a) The

commission may authorize a licensee or permittee to change the

expiration date of a license or permit held by the licensee or

permittee to any date that is agreeable to the commission,

consistent with a reasonable annual distribution of renewal

application review work of the commission, and to the licensee or

permittee.

(b) The fee for an application for a change in expiration date

is $25 per license or permit affected.

(c) The commission may not abate or refund a license or permit

fee because of a change in the expiration date made under this

section but may authorize a license or permit period of less than

one year for the period during which the expiration date is

changed. The commission may not authorize a license or permit

period of greater than two years.

Added by Acts 1989, 71st Leg., 1st C.S., ch. 36, Sec. 5, eff.

Oct. 18, 1989.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

986, Sec. 2, eff. September 1, 2007.

Sec. 6.03. CITIZENSHIP REQUIREMENTS. (a) It is the public

policy of this state and a purpose of this section to require

that, except as provided in Subsection (k) of this section or

otherwise in this code, a permit or license may not be issued to

a person who was not a citizen of this state for a one-year

period preceding the date of the filing of the person's

application for a license or permit. In that regard, the

legislature makes the findings in Subsections (b) through (j) of

this section.

(b) Between 1920 and 1933, the distribution and consumption of

alcoholic beverages was prohibited in the United States. While

the idealistic motives behind Prohibition were noble, a law

enforcement nightmare ensued. Otherwise law-abiding citizens

routinely violated the law by buying and consuming alcoholic

beverages. The demand for the illegal products created an

opportunity for criminal elements to develop a national network

for the supply and distribution of alcoholic beverages to the

populace. Massive criminal empires were built on illicit profits

from these unlawful activities and organized crime openly

flourished in Chicago, New York, New Orleans, and other cities.

(c) During Prohibition, the illegal enterprises used their

national wholesale distribution networks to exert control over

their customers. A common operating procedure was to sell

alcoholic beverages to a speakeasy on liberal terms to ensnarl

the owner in a web of debt and control with the aim of forcing

the owner to engage in other illegal business enterprises on the

premises including gambling, prostitution, and the distribution

of illegal drugs.

(d) In 1935, when the sale of alcoholic beverages was legalized

in this state following the adoption of the Twenty-first

Amendment to the United States Constitution, the state was faced

with building an entire framework for the distribution of

alcoholic beverage products. An important concern was that since

criminals owned and controlled the existing illegal alcoholic

beverage distribution system, criminals would attempt to own and

control the newly legalized industry. In an effort to prevent

this situation, comprehensive laws were adopted to ensure that an

alcoholic beverage permit or license could be issued only to

citizens of the state who had lived in this state for at least

three years, thus, long enough to be known by their community and

neighbors.

(e) Under the newly designed regulatory scheme, permits and

licenses issued by the state did not grant the holder a right.

Rather, the holder was granted a privilege that could be

challenged at both the county and the state level if the

character or qualifications of the applicant were suspect.

Finally, strict cash and credit laws were adopted to prevent

parties in the wholesale distribution system from controlling

their retail customers through the leveraging of debt to

accomplish other illicit gain.

(f) The alcoholic beverage laws adopted by the legislature in

the 1930s to free the industry from the influence of organized

crime have been successful in this state. The alcoholic beverage

industry in this state is not dominated by organized crime.

However, the legislature does find that organized crime continues

to be a threat that should never be allowed to establish itself

in the alcoholic beverage industry in this state.

(g) To accommodate the interests of the consuming public, the

expansion of popular nationwide businesses, and the increasing

state interest in tourism, and at the same time to guard against

the threats of organized crime, unfair competition, and decreased

opportunities for small businesses, the legislature finds that

there is no longer need for the three-year residency requirements

with regard to those segments of the industry that sell alcoholic

beverages to the ultimate consumer only. The legislature finds

that it is desirable to retain a one-year residency requirement

for businesses that sell to the consumer packaged liquor and

fortified wine capable of being used to supply legal or illegal

bars and clubs. The legislature also finds it reasonable,

desirable, and in the best interests of the state to provide a

one-year residency requirement for businesses engaged in the

wholesale distribution of beer, malt liquor, or wine or in the

manufacture and distribution of distilled spirits and fortified

wines at both the wholesale and the retail levels where those

beverages, in unopened containers, are sold to mixed beverage

permittees and private club registration permittees as well as to

the general public. Adequate protection is deemed to be provided

by controlling those sources of supply for distilled spirits and

fortified wines.

(h) It is also the public policy of this state and a purpose of

this section to enforce strict cash and credit laws as a means of

preventing those engaged in the distribution of alcoholic

beverages from exerting undue influence over any level of the

industry selling or serving alcoholic beverages to the ultimate

consumer.

(i) It is also the public policy of this state and a purpose of

this section to maintain and enforce the three-tier system

(strict separation between the manufacturing, wholesaling, and

retailing levels of the industry) and thereby to prevent the

creation or maintenance of a "tied house" as described and

prohibited in Section 102.01 of this code.

(j) The above-stated public policies, purposes of this section,

and legislative findings are provided as guidelines for the

construction of the following subsections of this section.

(k) A requirement under this code that 51 percent or more of the

stock of a corporation be owned by a person or persons who were

citizens of this state for a one-year period preceding the date

of the filing of an application for a license or permit does not

apply to a corporation organized under the laws of this state

that applies for a license or permit under Chapters 25-34,

Chapter 44, Chapters 48-51, Chapters 69-72, or Chapter 74 of this

code if:

(1) all of the officers and a majority of directors of the

applicant corporation have resided within the state for a

one-year period preceding the date of the application and each

officer or director possesses the qualifications required of

other applicants for permits and licenses;

(2) the applicant corporation and the applicant's shareholders

have no direct or indirect ownership or other prohibited

relationship with others engaged in the alcoholic beverage

industry at different levels as provided by Chapter 102 of this

code and other provisions of this code;

(3) the applicant corporation is not precluded by law, rule,

charter, or corporate bylaw from disclosing the applicant's

shareholders to the commission; and

(4) the applicant corporation maintains its books and records

relating to its alcoholic beverage operations in the state at its

registered office or at a location in the state approved in

writing by the commission.

(l) Corporations subject to Subsection (k) of this section that

have substantially similar ownership may merge or consolidate. A

fee of $100 shall be paid to the commission for each licensed or

permitted premises that is merged or consolidated into the

surviving corporation. The surviving corporation succeeds to all

privileges of the prior corporation that held the permits or

licenses if the surviving corporation is qualified to hold the

permits or licenses under this code. For the purposes of this

subsection, corporations have substantially similar ownership if

90 percent or more of the corporations is owned by the same

person or persons or by the same corporation or corporations or

if the surviving corporation has maintained an ownership interest

in the merged or consolidated corporations since the date the

original permit or license was issued.

Added by Acts 1993, 73rd Leg., ch. 934, Sec. 16, eff. Sept. 1,

1993.

Sec. 6.04. GRACE PERIOD ON RENEWAL OF LICENSES AND PERMITS. (a)

Notwithstanding any other provision of this code, the holder of

a license or permit issued under this code may renew the license

or permit rather than reapply for an original license or permit

if, not later than the 30th day after the date of the expiration

of the license or permit, the holder files a renewal application

and the required license or permit fee with the commission and

pays a late fee as provided by rules of the commission.

(b) If an application is filed under Subsection (a), a violation

of the law that occurs before the filing of a renewal application

may be the basis for an administrative action against the holder

of the license or permit.

(c) The holder of a license or permit who does not renew the

license or permit before its expiration date may not operate

until the holder files an application under Subsection (a).

(d) The commission shall adopt rules necessary to implement this

section.

Added by Acts 1993, 73rd Leg., ch. 934, Sec. 16, eff. Sept. 1,

1993. Amended by Acts 2001, 77th Leg., ch. 364, Sec. 1, eff.

Sept. 1, 2001.

Sec. 6.05. CORPORATE LIABILITY. A corporation with an ownership

interest in a corporation holding a permit under Section 6.03(k)

of this code and which shares space, employees, business

facilities, or services is subject to liability under Chapter 2

of this code.

Added by Acts 1993, 73rd Leg., ch. 934, Sec. 17, eff. Sept. 1,

1993.