TABC Code - Texas Alcoholic Beverage Commission

(1) the volume of alcoholic beverages sold;
(2) the receipts of the business;
(3) the taxes paid; or
(4) the financial condition of the permittee or licensee.
(j) The commission shall adopt rules allowing a historical reenactment on the premises of a
license holder. Rules adopted under this subsection must prohibit the use of live ammunition in a
historical reenactment.
(k) A hearing under Subsection (a) must be concluded not later than the 60th day after the
date notice is provided under that subsection. The provisions of this subsection may not be waived by the
license holder or the commission. This subsection applies only to a hearing in connection with a retail
dealer's on-premise license, other than a license held with a food and beverage certificate, for premises
located in a county with a population of 1.4 million or more.
(l) Section 11.61(b-1) applies to a retail dealer's on-premise license, other than a license held
with a food and beverage certificate, for premises located in a county with a population of 1.4 million or
more.
NOTE: Subsection (j), Section 61.71, Alcoholic Beverage Code, as added by Chapter 452, Acts of the
79th Legislature, Regular Session, 2005, is relettered as Subsection (l), Section 61.71, Alcoholic
Beverage Code. (Acts of the 80 th Legislature, Regular Session, 2007)
Sec. 61.711. RETAIL DEALER: CONVICTION OF OFFENSE RELATING TO
DISCRIMINATION. 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:
(1) the licensee has been finally convicted of any offense under a state or federal law
or a municipal ordinance prohibiting the violation of an individual's civil rights or the discrimination
against an individual on the basis of the individual's race, color, creed, or national origin; and
(2) the offense was committed on the licensed premises or in connection with the
operation of the licensee's business.
Sec. 61.712. GROUNDS FOR CANCELLATION OR SUSPENSION: SALES TAX. The
commission or administrator may refuse to renew or, after notice and hearing, suspend for not more than
60 days or cancel a license if the commission or administrator finds that the licensee:
(1) no longer holds a sales tax permit, if required, for the place of business covered
by the license; or
(2) is shown on the records of the comptroller of public accounts as being subject to
a final determination of taxes due and payable under the Limited Sales, Excise and Use Tax Act (Chapter
151, Tax Code), or is shown on the records of the comptroller of public accounts as being subject to a
final determination of taxes due and payable under Chapter 321, Tax Code.
Sec. 61.72. SUSPENSION OR CANCELLATION: RETAILER: PREMISES. Except for a
violation of the credit or cash law, a penalty of suspension or cancellation of the license of a retail dealer
shall be assessed against the license for the premises where the offense was committed.
Sec. 61.721. CANCELLATION OF PERMIT OR LICENSE IN CERTAIN
MUNICIPALITIES. The commission or administrator may cancel an original or a renewal wine and
beer retailer's permit or retail dealer's on-premise license and may refuse to issue any new alcoholic
beverage permit or license for the same premises for one year after the date of cancellation if:
(1) the chief of police of the city or the sheriff of the county in which the premises
are located has submitted a sworn statement to the commission stating specific allegations that the place
or manner in which the permittee or licensee conducts its business endangers the general welfare, health,
peace, morals, or safety of the community and further stating that there is a reasonable likelihood that
such conduct would continue at the same location under another licensee or permittee; and
(2) the commission or administrator finds, after notice and hearing within the county
where the premises are located, that the place or manner in which the permittee or licensee conducts its
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