Texas Statutes
Subchapter B. Application for and Issuance of Permits
Section 11.431. Protest by Member of the Public

Sec. 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.
(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.
Added by Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 34(b), eff. September 1, 2021.

Structure Texas Statutes

Texas Statutes

Alcoholic Beverage Code

Title 3 - Licenses and Permits

Subtitle A - Permits

Chapter 11 - Provisions Generally Applicable to Permits

Subchapter B. Application for and Issuance of Permits

Section 11.31. Application for Permit

Section 11.32. Renewal Application

Section 11.321. Administrative Penalty in Certain Counties

Section 11.33. Application Forms

Section 11.34. Consolidated Application

Section 11.35. Payment of Fee

Section 11.36. Refund of Fee

Section 11.37. Certification of Wet or Dry Status

Section 11.38. Local Fee Authorized

Section 11.39. Applicant to Publish Notice

Section 11.391. Notice by Sign

Section 11.392. Notice of Private Club Application or Renewal

Section 11.393. Notice by Mail

Section 11.42. Statement of Stock Ownership

Section 11.43. Application Review Process

Section 11.431. Protest by Member of the Public

Section 11.432. Protest by Government Official

Section 11.44. Premises Ineligible for Permit or License

Section 11.45. "Applicant" Defined

Section 11.46. General Grounds for Denial

Section 11.47. Denial of Permit: Interest in Malt Beverage Establishment

Section 11.48. Denial of Package Store or Mixed Beverage Permit

Section 11.481. Refusal of Permit Authorizing On-Premises Consumption

Section 11.49. Premises Defined; Designation of Licensed Premises

Section 11.492. Change of License or Permit From On-Premise to Off-Premise

Section 11.495. Conformance of Premises With the Americans With Disabilities Act

Section 11.50. Licensing a Portion of a Building as Premises

Section 11.51. Wholesalers May Share Delivery Vehicles

Section 11.52. Restrictions on Location in Certain Municipalities