Sec. 61.44. DENIAL OF DISTRIBUTOR'S OR RETAILER'S LICENSE: PROHIBITED INTERESTS. (a) The commission may deny an application for a license as a distributor or retailer if the commission has reasonable grounds to believe and finds that:
(1) the applicant has a financial interest in an establishment authorized to sell distilled spirits, except as authorized in Section 22.06, 24.05, or 102.05;
(2) a person engaged in the business of selling distilled spirits has a financial interest in the business to be conducted under the license sought by the applicant, except as authorized in Section 22.06, 24.05, or 102.05; or
(3) the applicant is residentially domiciled with a person who has a financial interest in an establishment engaged in the business of selling distilled spirits, except as authorized in Section 22.06, 24.05, or 102.05.
(b) The commission may deny an application for a retail dealer's license if the commission has reasonable grounds to believe and finds that:
(1) the applicant has a real interest in the business or premises of the holder of a brewer's or distributor's license; or
(2) the premises sought to be licensed are owned in whole or part by the holder of a brewer's or distributor's license.
Acts 1977, 65th Leg., p. 467, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 187(a), eff. December 31, 2020.
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 187(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