Sec. 61.73. RETAIL DEALER: CREDIT PURCHASE OR DISHONORED CHECK. (a) The commission or administrator may suspend for not more than 60 days or cancel an original or renewal retail dealer's on- or off-premise license if it is found, after notice and hearing, that the licensee purchased malt beverages or the containers or original packages in which they are contained or packaged except by cash payment to the seller on or before delivery. No holder of either type of license may use a maneuver, device, subterfuge, or shift by which credit is accepted, including payment or attempted payment by a postdated check or draft. Credit for the return of unbroken or undamaged containers or original packages previously paid for by the purchaser may be accepted as cash by the seller in an amount not more than the amount originally paid for them by the purchaser.
(b) The commission or administrator may suspend for not more than 60 days or cancel an original or renewal retail dealer's on- or off-premise license if it is found, after notice and hearing, that the licensee gave a check, as maker or endorser, or a draft, as drawer or endorser, as full or partial payment for malt beverages or the containers or packages in which they are contained or packaged, which is dishonored when presented for payment.
Acts 1977, 65th Leg., p. 471, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 198, eff. September 1, 2021.
Structure Texas Statutes
Title 3 - Licenses and Permits
Chapter 61 - Provisions Generally Applicable to Licenses
Subchapter C. Cancellation and Suspension of Licenses
Section 61.71. Grounds for Cancellation or Suspension: Retail Dealer
Section 61.711. Retail Dealer: Conviction of Offense Relating to Discrimination
Section 61.712. Grounds for Cancellation or Suspension: Sales Tax
Section 61.713. Cancellation for Improper Display or Use of License
Section 61.72. Suspension or Cancellation: Retailer: Premises
Section 61.721. Cancellation of Permit or License in Certain Municipalities
Section 61.73. Retail Dealer: Credit Purchase or Dishonored Check
Section 61.74. Grounds for Cancellation or Suspension: Distributor
Section 61.75. Suspension of Brewer's License
Section 61.76. Suspension Instead of Cancellation
Section 61.761. Alternatives to Suspension, Cancellation
Section 61.77. Certain Acts Also Violations of Code
Section 61.78. Violator Not Excused by Cancellation or Suspension
Section 61.79. Notice of Hearing: Denial, Cancellation, or Suspension of License
Section 61.80. Hearing for Cancellation or Suspension of License
Section 61.81. Appeal From Cancellation or Suspension of License
Section 61.82. May Not Restrain Suspension Order
Section 61.83. Cancellation or Suspension: When Effective
Section 61.84. Activities Prohibited During Cancellation or Suspension
Section 61.85. Disposal of Stock on Termination of License
Section 61.86. Discipline for Actions of Agent; Records Retention