TABC Code - Texas Alcoholic Beverage Commission

or in a manner which was lewd, immoral, offensive to public decency, or contrary to this code.
(b) Subsection (a)(8) does not apply to an application under this section if the premises for
which the application is submitted is part of a larger business complex with multiple tenant or commercial
spaces, including a mall, that is open to the public and that offers the facilities required by Subsection
(a)(8).
Sec. 61.44. REFUSAL OF DISTRIBUTOR'S OR RETAILER'S LICENSE: PROHIBITED
INTERESTS. (a) The county judge may 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 has a financial interest in an establishment authorized to sell
distilled spirits, except as authorized in Section 22.06, 24.05, or 102.05 of this code;
(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 of this code; 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 of this code.
(b) The county judge may refuse to approve an application for a retail dealer's license if he
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
manufacturer's or distributor's license; or
(2) the premises sought to be licensed are owned in whole or part by the holder of a
manufacturer's or distributor's license.
Sec. 61.45. REFUSAL OF RETAILER'S OR DISTRIBUTOR'S LICENSE: PROHIBITED
INTEREST IN PREMISES. (a) The county judge may refuse to approve an application for a retail
dealer's license if he has reasonable grounds to believe and finds that:
(1) the applicant owns or has an interest in the premises covered by a manufacturer's
or distributor's license; or
(2) the holder of a manufacturer's or distributor's license owns or has an interest in
the premises sought to be licensed.
(b) The county judge may refuse to approve an application for a distributor's license if he has
reasonable grounds to believe and finds that:
(1) the applicant owns or has an interest in the premises covered by a retail dealer's
license; or
(2) a holder of a retail dealer's license owns or has an interest in the premises sought
to be licensed.
Sec. 61.46. MANUFACTURER'S LICENSE: GROUNDS FOR REFUSAL. (a) This section
applies to any applicant for a manufacturer's license, including a domestic corporation or foreign
corporation qualified to do business in Texas, administrator or executor, or other person. This section
does not apply to a holder of a subsequent renewal of a manufacturer's license which was in effect on
January 1, 1953.
(b) The county judge shall refuse to approve an application for a manufacturer's license if he
has reasonable grounds to believe and finds that the applicant has failed to state under oath that it will
engage in the business of brewing and packaging beer in this state within three years after the issuance of
its original license in sufficient quantities as to make its operation that of a bona fide brewing
manufacturer.
(c) In the case of a corporate applicant, the statement shall be sworn to and subscribed by
one of the corporation's principal officers.
Sec. 61.47. RETAIL LICENSE: REFUSAL BY COMMISSION OR ADMINISTRATOR. If
the county judge approves an application for a license as a retail dealer, the commission or administrator
may refuse to issue a license for any reason which would have been a ground for the county judge to have
refused to approve the application.
Texas Alcoholic Beverage Code (2009) 96