Sec. 11.44. PREMISES INELIGIBLE FOR PERMIT OR LICENSE. (a) Except as provided by Subsection (c), if an order of suspension against a permit or license is pending or unexpired, or if the commission has initiated action to cancel or suspend a permit or license, no permit or license may be issued for or transferred to the same licensed premises.
(b) The commission shall deny an application for a permit or license for any location of an applicant who submitted a prior application that expired or was voluntarily surrendered before the hearing on the application was held on a protest involving allegations of prostitution, a shooting, stabbing, or other violent act, or an offense involving drugs, trafficking of persons, or drink solicitation as described by Section 104.01 before the third anniversary of the date the prior application expired or was voluntarily surrendered.
(c) The commission may issue an original permit or license covering an otherwise permitted or licensed premises under conditions described by Subsection (a) if:
(1) the holder of the permit or license that is subject to the pending or unexpired suspension order or against which the cancellation or suspension action has been initiated has been evicted from the premises under a final, nonappealable court judgment; and
(2) all other conditions for the issuance of the new permit or license covering the premises are met by the applicant.
Acts 1977, 65th Leg., p. 408, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 717 (H.B. 2350), Sec. 1, eff. September 1, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 515 (H.B. 2014), Sec. 1.01, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 419 (S.B. 409), Sec. 1, eff. September 1, 2013.
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 35, eff. December 31, 2020.
Acts 2021, 87th Leg., R.S., Ch. 78 (S.B. 195), Sec. 1, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 807 (H.B. 1540), Sec. 1, eff. September 1, 2021.
Structure Texas Statutes
Title 3 - Licenses and 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 11.37. 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