(a) The commission may deny an application for an original or renewal permit 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 the 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;
(3) within the six-month period immediately preceding the application the applicant violated or caused to be violated a provision of this code or a rule or regulation of the commission which involves moral turpitude, as distinguished from a technical violation of this code or of the rule;
(4) the applicant failed to answer or falsely or incorrectly answered a question in an original or renewal application;
(5) the applicant is indebted to the state for any taxes, fees, or payment of penalty imposed by this code or by rule of the commission;
(6) the applicant is not of good moral character or the applicant’s reputation for being a peaceable, law-abiding citizen in the community where the applicant resides is bad;
(7) the applicant is a minor;
(8) the place or manner in which the applicant may conduct the applicant’s business warrants the denial of the application for a permit based on the general welfare, health, peace, morals, and safety of the people and on the public sense of decency;
(9) the applicant has developed an incapacity that prevents or could prevent the applicant from conducting the applicant’s business with reasonable skill, competence, and safety to the public;
(10) the applicant will sell liquor unlawfully in a dry area or in a manner contrary to law or will knowingly permit an agent, servant, or employee to do so;
(11) 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 the applicant’s application, unless the applicant was issued a permit or renewal permit on or before September 1, 1948, and has at some time been a United States citizen;
(12) the applicant does not provide an adequate building available at the address for which the permit is sought before conducting any activity authorized by the permit;
(13) the applicant is residentially domiciled with a person whose permit or license has been cancelled for cause within the 12 months immediately preceding the date of the applicant’s present application;
(14) the applicant has failed or refused to furnish a true copy of the applicant’s application to the commission’s district office in the district in which the premises for which the permit is sought are located; or
(15) during the six months immediately preceding the filing of the application the premises for which the permit is sought have been operated, used, or frequented for a purpose or in a manner that is lewd, immoral, or offensive to public decency.
(b) The commission shall deny an application for an original permit authorizing the retail sale of alcoholic beverages unless the applicant for the permit files with the application a certificate issued by the comptroller of public accounts stating that the applicant holds, or has applied for and satisfies all legal requirements for the issuance of, a sales tax permit, if required, for the place of business for which the alcoholic beverage permit is sought.

Terms Used In Texas Alcoholic Beverage Code 11.46

  • Alcoholic beverage: means alcohol, or any beverage containing more than one-half of one percent of alcohol by volume, which is capable of use for beverage purposes, either alone or when diluted. See Texas Alcoholic Beverage Code 1.04
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Applicant: means a person who submits or files an original or renewal application with the commission for a license or permit. See Texas Alcoholic Beverage Code 1.04
  • Commission: means the Texas Alcoholic Beverage Commission. See Texas Alcoholic Beverage Code 1.04
  • Comptroller: means the state comptroller of public accounts. See Texas Government Code 312.011
  • Conviction: A judgement of guilt against a criminal defendant.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Liquor: means any alcoholic beverage, other than a malt beverage, containing alcohol in excess of five percent by volume, unless otherwise indicated. 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
  • 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
  • Premises: has the meaning given it in § 11. See Texas Alcoholic Beverage Code 1.04
  • Rule: includes regulation. See Texas Government Code 311.005
  • United States: includes a department, bureau, or other agency of the United States of America. See Texas Government Code 311.005
  • Year: means 12 consecutive months. See Texas Government Code 311.005

(c) The commission shall deny for a period of one year after cancellation an application for a mixed beverage permit or private club registration permit for a premises where a license or permit has been canceled during the preceding 12 months as a result of:
(1) a shooting, stabbing, or other violent act; or
(2) an offense involving drugs, prostitution, trafficking of persons, or drink solicitation as described by Section 104.01.
(d) The commission shall deny an application for an original permit of a person convicted of an offense under Section 101.76 for a period of five years from the date of the conviction.

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