Sec. 61.41. SECOND LICENSE AT SAME LOCATION; EFFECT ON EXISTING LICENSE. (a) Except as provided by Subsection (d), no license may be issued for a premises, location, or place of business for which a license is in effect unless the holder of the existing license has shown to the satisfaction of the commission that the license holder will no longer exercise any privilege granted by the existing license at that location.
(b) If the holder of the existing license desires to transfer the license to another location, the license holder may apply for a transfer of location in accordance with this code.
(c) If the holder of the existing license has made a declaration required by the commission that the license holder will no longer use the license, the license holder may not brew or sell malt beverages or possess malt beverages for the purpose of sale until the license has been reinstated. The holder may apply to the commission for the reinstatement of the license in the same manner and according to the same procedure as in the case of an original license application. The commission may deny reinstatement of the license for any cause for which an original license application may be denied.
(d) Notwithstanding Subsection (a) and Sections 11.49 and 109.53, more than one brewer's or nonresident brewer's license may be issued for a single premises if the license holder for the premises has contracted with an entity under an alternating brewery proprietorship or contract brewing arrangement.
Acts 1977, 65th Leg., p. 465, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2005, 79th Leg., Ch. 1182 (S.B. 1255), Sec. 4, eff. June 18, 2005.
Acts 2013, 83rd Leg., R.S., Ch. 763 (S.B. 1035), Sec. 9, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1074 (H.B. 3307), Sec. 5, eff. September 1, 2013.
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 181(a), eff. December 31, 2020.
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 181(b), eff. September 1, 2021.
Structure Texas Statutes
Title 3 - Licenses and Permits
Chapter 61 - Provisions Generally Applicable to Licenses
Subchapter B. Application and Issuance of Licenses
Section 61.31. Application for License
Section 61.313. Protest by Member of the Public
Section 61.314. Protest by Government Official
Section 61.34. Appeal From Denial
Section 61.36. Local Fee Authorized
Section 61.37. Certification of Wet or Dry Status
Section 61.38. Notice of Application
Section 61.381. Notice by Sign
Section 61.382. Notice by Mail
Section 61.40. Premises Ineligible for License
Section 61.41. Second License at Same Location; Effect on Existing License
Section 61.42. Mandatory Grounds for Denial: Distributor or Retailer
Section 61.421. Denial of License Authorizing On-Premises Consumption
Section 61.43. Discretionary Grounds for Denial: Distributor or Retailer
Section 61.44. Denial of Distributor's or Retailer's License: Prohibited Interests
Section 61.45. Denial of Retailer's or Distributor's License: Prohibited Interest in Premises
Section 61.46. Brewer's License: Grounds for Denial
Section 61.48. Renewal Application
Section 61.49. Action on Renewal Application by Commission; Refund of Fee
Section 61.50. Renewal of Retail Dealer's License: Grounds for Denial
Section 61.51. Premises Defined; Designation of Licensed Premises