Alcoholic Beverage Code

§11.46. Licenses And Permits — 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 believe and finds that any of the following circumstances exists:

(1) the applicant has been convicted in a court of competent jurisdiction of the violation of any provision of this code during the two years immediately preceding the filing of his application;

(2) five years have not elapsed since the termination, by pardon or otherwise, of a sentence imposed on the applicant for the conviction of a felony;

http://www.statutes.legis.state.tx.us/Docs/AL/htm/AL.11.htm#11.46

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Note(s) Regarding This Legislation:

In 2003, House Bill 2005 changed "three years" to "five years" in Sec.11.46(a)(2)

Other Note(s):

Note professions affected:

Alcoholic Beverage Code Sec. 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 of the following:

(1) manufacture, distill, brew, sell, possess for the purpose of sale, import into this state, export from this state, transport, distribute, warehouse, or store liquor;

(2) solicit or take orders for liquor; or (3) for the purpose of sale, bottle, rectify, blend, treat, fortify, mix, or process liquor.

Alcoholic Beverage Code

§11.61. Licenses And Permits — 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 a corporation, each officer and the owner or owners of a majority of the corporate stock. This section shall not be construed as prohibiting anything permitted under Section 22.06, 24.05, or 102.05 of this code.

(b) 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 and hearing, that any of the following is true:

(1) the permittee has been finally convicted of a violation of this code;
(2) the permittee violated a provision of this code or a rule of the commission;
(3) the permittee was finally convicted of a felony while holding an original or renewal permit;

http://www.statutes.legis.state.tx.us/Docs/AL/htm/AL.11.htm#11.61

Alcoholic Beverage Code

§25.06. Wine And Beer Retailer's Permit — Denial Of Original Application

(a) The county judge shall deny an original application for a wine and beer retailer's permit if he finds that the applicant, or the applicant's spouse, during the five years immediately preceding the application, was finally convicted of a felony or one of the following offenses:

(1) prostitution;
(2) a vagrancy offense involving moral turpitude;
(3) bookmaking;
(4) gambling or gaming;
(5) an offense involving controlled substances as defined in Chapter 481, Health and Safety Code or other dangerous drugs;
(6) a violation of this code resulting in the cancellation of a license or permit, or a fine of not less than $500;
(7) more than three violations of this code relating to minors;
(8) bootlegging; or
(9) an offense involving firearms or a deadly weapon.

(b) The county judge shall also deny an original application for a permit if he finds that five years have not elapsed since the termination of a sentence, parole, or probation served by the applicant or the applicant's spouse because of a felony conviction or conviction of any of the offenses described in Subsection (a) of this section.

(c) The commission shall refuse to issue a renewal of a wine or beer retailer's permit if it finds:

(1) that the applicant, or the applicant's spouse, has been convicted of a felony or one of the offenses listed in Subsection (a) of this section at any time during the five years immediately preceding the filing of the application for renewal; or
(2) that five years have not elapsed since the termination of a sentence, parole, or probation served by the applicant, or the applicant's spouse, of a felony conviction or conviction of any of the offenses described in Subsection (a) of this section.(d) In this section the word "applicant" includes the individual natural person holding or applying for the permit or, if the holder or applicant is not an individual natural person, the individual partner, officer, trustee, or receiver who is primarily responsible for the management of the premises.

http://www.statutes.legis.state.tx.us/Docs/AL/htm/AL.25.htm#25.06

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Note(s) Regarding This Legislation:

In 2003, House Bill 2005 changed "three years" to "five years" in Sec.25.06(a)

Alcoholic Beverage Code

§61.42. Licenses — 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;

http://www.statutes.legis.state.tx.us/Docs/AL/htm/AL.61.htm#61.42

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Note(s) Regarding This Legislation:

In 2003, House Bill 2005 changed "three years" to "five years" in Sec.61.42(a)(6)

Alcoholic Beverage Code

§61.43. Licenses — Discretionary Grounds For Refusal

(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 to believe and finds that:

(1) the applicant has been finally convicted in a court of competent jurisdiction for the violation of a provision of this code during the two years immediately preceding the filing of an application;
(2) five years has not elapsed since the termination, by pardon or otherwise, of a sentence imposed for conviction of a felony;

http://www.statutes.legis.state.tx.us/Docs/AL/htm/AL.61.htm#61.43

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Note(s) Regarding This Legislation:

In 2003, House Bill 2005 changed "two years" to "five years" in Sec.61.43(a)(2).

Alcoholic Beverage Code

§61.74. Cancellation And Suspension Of Licenses — 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;

http://www.statutes.legis.state.tx.us/Docs/AL/htm/AL.61.htm#61.74

Alcoholic Beverage Code

§61.71. Cancellation And Suspension Of Licenses — 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 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;

http://www.statutes.legis.state.tx.us/Docs/AL/htm/AL.61.htm#61.71

Alcoholic Beverage Code

§69.06. Retail Dealer's On-Premise License — Denial Of Original Application

(a) The county judge shall deny an original application for a retail dealer's on-premise license if he finds that the applicant or the applicant's spouse, during the five years immediately preceding the application, was finally convicted of a felony or one of the following offenses:

(1) prostitution;
(2) a vagrancy offense involving moral turpitude;
(3) bookmaking;
(4) gambling or gaming;
(5) an offense involving controlled substances as defined in the Texas Controlled Substances Act or other dangerous drugs;
(6) a violation of this code resulting in the cancellation of a license or permit, or a fine of not less than $500;
(7) more than three violations of this code relating to minors;
(8) bootlegging; or
(9) an offense involving firearms or a deadly weapon.

(b) The county judge shall also deny an original application for a license if he finds that five years has not elapsed since the termination of a sentence, parole, or probation served by the applicant or the applicant's spouse because of a felony conviction or conviction of any of the offenses described in Subsection (a) of this section.

(c) The commission shall refuse to issue a renewal of a retail dealer's on-premise license if it finds:

(1) that the applicant or the applicant's spouse has been finally convicted of a felony or one of the offenses listed in Subsection (a) of this section at any time during the five years immediately preceding the filing of the application for renewal; or
(2) that five years has not elapsed since the termination of a sentence, parole, or probation served by the applicant or the applicant's spouse because of a felony prosecution or prosecution for any of the offenses described in Subsection (a) of this section.

http://www.statutes.legis.state.tx.us/Docs/AL/htm/AL.69.htm#69.06

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Note(s) Regarding This Legislation:

Acts 2003, 78th Leg., ch. 625 throughout subsecs. (a) to (c) substituted “five years” for “three years.”