Texas Alcoholic Beverage Code 11.431 – Protest by Member of the Public
(a) A member of the public may protest an application for:
(1) an original mixed beverage permit, private club registration permit, or wine and malt beverage retailer’s permit if a sexually oriented business is to be operated on the premises to be covered by the permit;
(2) any renewal of a mixed beverage permit, private club registration permit, or wine and malt beverage retailer’s permit if a sexually oriented business is to be operated on the premises to be covered by the permit and a petition is presented to the commission requesting a hearing which is signed by 50 percent of the residents who reside within 300 feet of any property line of the affected premises;
(3) a private club registration permit or a permit authorizing the retail sale of alcoholic beverages for on-premises consumption if the person resides within 300 feet of any property line of the premises for which the permit is sought; and
(4) a mixed beverage permit or a wine and malt beverage retailer’s permit in a municipality with a population of 1,500,000 or more if:
(A) any point of the property line of the premise is less than 300 feet from the nearest point on a property line of a residence, church, school, hospital, day-care facility, or social service facility, as measured in a straight line; and
(B) 75 percent or more of the permittee‘s actual or anticipated gross revenue is from the sale of alcoholic beverages.
(b) In addition to the situations described by Subsection (a), the commission by rule may authorize a member of the public to protest other permit applications the commission considers appropriate.
Terms Used In Texas Alcoholic Beverage Code 11.431
- Allegation: something that someone says happened.
- Commission: means the Texas Alcoholic Beverage Commission. See Texas Alcoholic Beverage Code 1.04
- Malt beverage: means a fermented beverage of any name or description containing one-half of one percent or more of alcohol by volume, brewed or produced from malt, in whole or in part, or from any malt substitute. See Texas Alcoholic Beverage Code 1.04
- Mixed beverage: means one or more servings of a beverage composed in whole or part of an alcoholic beverage in a sealed or unsealed container of any legal size for consumption on the premises where served or sold by the holder of a mixed beverage permit, the holder of certain nonprofit entity temporary event permits, the holder of a private club registration permit, or the holder of certain retailer late hours certificates. See Texas Alcoholic Beverage Code 1.04
- Permittee: means a person who is the holder of a permit provided for in this code, or an agent, servant, or employee of that person. See Texas Alcoholic Beverage Code 1.04
- Person: means a natural person or association of natural persons, trustee, receiver, partnership, corporation, organization, or the manager, agent, servant, or employee of any of them. See Texas Alcoholic Beverage Code 1.04
- Population: means the population shown by the most recent federal decennial census. See Texas Government Code 311.005
- Premises: has the meaning given it in § 11. See Texas Alcoholic Beverage Code 1.04
- Property: means real and personal property. See Texas Government Code 311.005
- Rule: includes regulation. See Texas Government Code 311.005
- Signed: includes any symbol executed or adopted by a person with present intention to authenticate a writing. See Texas Government Code 311.005
(c) A protest made under this section must include an allegation of grounds on which the original or renewal application, as applicable, should be denied.