TABC Code - Texas Alcoholic Beverage Commission

(3) provided not earlier than the 14 th day and not later than the 7 th day before the date
the application is filed.
(d) The applicant shall submit with an application for a license described by Subsection (a) a
list of each residential address provided notice under this section.
(e) The notice must be provided on a form prescribed by the commission and must contain:
(1) the type of license and type of business for which the applicant has applied;
(2) the exact location of the place of business for which the license is sought;
(3) the name of each owner of the business or, if the business is operated under an
assumed name, the trade name and the name of each owner;
(4) if the applicant is a corporation, the name and title of each officer; and
(5) a description of the procedure for protesting the application.
Sec. 61.39. MAY CONTEST APPLICATION. Any person may contest the facts stated in an
application for a license to distribute, manufacture, or sell beer at retail, or the applicant's right to secure a
license. The person may not be required to pay security for the costs which may be incurred in the contest
if the case should be decided in favor of the applicant.
Sec. 61.40. PREMISES INELIGIBLE FOR LICENSE. Section 11.44 of this code, which
describes certain premises that are ineligible for a license, applies to licenses issued under this subtitle.
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 manufacture or sell beer
or possess it for the purpose of sale until the license has been reinstated. The holder may apply to the
county judge 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 county judge or the commission or administrator 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
manufacturer's or nonresident manufacturer's license may be issued for a single premises if the license
holder for the premises has contracted with an entity or successor to an entity that on May 1, 2005, held a
manufacturer's or nonresident manufacturer's license or whose brand was legally sold in this state for the
use of the license holder's premises for manufacturing purposes or to provide manufacturing services.
Sec. 61.42. MANDATORY GROUNDS FOR REFUSAL: DISTRIBUTOR OR RETAILER.
(a) The county judge shall refuse to approve an application for a license as a distributor or retailer if he
has reasonable grounds to believe and finds that:
(1) the applicant is a minor;
(2) the applicant is indebted to the state for any taxes, fees, or penalties imposed by
this code or by rule of the commission;
(3) the place or manner in which the applicant for a retail dealer's license may
conduct his business warrants a refusal of a license based on the general welfare, health, peace, morals,
safety, and sense of decency of the people;
(4) the applicant is in the habit of using alcoholic beverages to excess or is mentally
or physically incompetent;
(5) the applicant is not a United States citizen or has not been a citizen of Texas for a
period of one year immediately preceding the filing of his application, unless he was issued an original or
renewal license on or before September 1, 1948;
(6) the applicant was finally convicted of a felony during the five years immediately
preceding the filing of his application;
Texas Alcoholic Beverage Code (2009) 94