Texas Alcoholic Beverage Code 69.06 – Denial of Original Application
(a) The commission shall deny an original application for a retail dealer’s on-premise license if the commission 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 or solicitation of 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, including an offense involving a synthetic cannabinoid, or an offense involving 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 commission shall also deny an original application for a license if the commission 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).
Terms Used In Texas Alcoholic Beverage Code 69.06
- 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
- Conviction: A judgement of guilt against a criminal defendant.
- 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
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Trustee: A person or institution holding and administering property in trust.
(c) The commission shall deny an application for 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) 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).
(d) In this section the word “applicant” includes the individual natural person holding or applying for the license 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.
(e) In this section, “synthetic cannabinoid” means a substance included in Penalty Group 2-A under § 481.1031, Health and Safety Code.