TABC Code - Texas Alcoholic Beverage Commission

Sec. 61.48. RENEWAL APPLICATION. An application to renew a license shall be filed in
writing with the assessor and collector of taxes of the county in which the licensed premises are located
no earlier than 30 days before the license expires but not after it expires. The application shall be signed
by the applicant and shall contain complete information required by the commission showing that the
applicant is not disqualified from holding a license. The application shall be accompanied by the
appropriate license fee plus a filing fee of $2. The assessor and collector of taxes shall deposit the $2
filing fee in the county treasury and shall account for it as a fee of office. No applicant for a renewal may
be required to pay any fee other than license fees and the filing fee unless he is required by the
commission or administrator to submit to a renewal hearing before the county judge.
Sec. 61.49. RENEWAL APPLICATION TRANSMITTED TO COMMISSION. When the
renewal application has been filed in accordance with Section 61.48 of this code, the assessor and
collector of taxes shall transmit to the commission the original copy of the application plus a certification
that all required fees have been paid for the ensuing license period. On receiving the application and
certification, the commission or administrator may in its discretion issue a renewal license or reject the
application and require the applicant to file an application with the county judge and submit to a hearing
as is required in the case of an original application. When an application for renewal is rejected, the applicant
is entitled to a refund of any license fee that was paid to the assessor and collector of taxes at the
time the renewal application was filed.
Sec. 61.50. RENEWAL OF RETAIL DEALER'S LICENSE: GROUNDS FOR REFUSAL.
The commission or administrator, without a hearing, may refuse to issue a renewal of a retail dealer's
license and require the applicant to make an original application if it is found that circumstances exist
which would warrant the refusal of an original application under any pertinent provision of this code.
Sec. 61.51. PREMISES DEFINED; DESIGNATION OF LICENSED PREMISES.
"Premises" is defined in Section 11.49 of this code. The designating of licensed premises by license
applicants is also covered by that section.
Sec. 61.52. ADMINISTRATIVE PENALTY IN CERTAIN COUNTIES. Section 11.321
applies to an original or renewal application for a retail dealer's on-premise license, other than a license
with a food and beverage certificate, for an establishment located in a county with a population of 1.4
million or more.
SUBCHAPTER C. CANCELLATION AND SUSPENSION OF LICENSES
Sec. 61.71. GROUNDS FOR CANCELLATION OR SUSPENSION: RETAIL DEALER. (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:
(1) violated a provision of this code or a rule of the commission during the existence
of the license sought to be cancelled or suspended or during the immediately preceding license period;
(2) was finally convicted for violating a penal provision of this code;
(3) was finally convicted of a felony while holding an original or renewal license;
(4) made a false statement or a misrepresentation in his original application or a
renewal application;
(5) with criminal negligence sold, served, or delivered an alcoholic beverage to a
minor;
(6) sold, served, or delivered an alcoholic beverage to an intoxicated person;
(7) sold, served, or delivered an alcoholic beverage at a time when its sale is
prohibited;
(8) entered or offered to enter an agreement, condition, or system which would
constitute the sale or possession of alcoholic beverages on consignment;
(9) possessed on the licensed premises, or on adjacent premises directly or indirectly
under his control, an alcoholic beverage not authorized to be sold on the licensed premises, or permitted
Texas Alcoholic Beverage Code (2009) 97