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Tex. Alco. Bev. Code § 61.721

CANCELLATION OF PERMIT OR LICENSE IN CERTAIN MUNICIPALITIES

Applied in 1 court decision — leading case Hooda Corp. v. Texas Alcoholic Beverage Commission (2012)

Most recently applied in Hooda Corp. v. Texas Alcoholic Beverage Commission (May 2012)

Added by Acts 1993, 73rd Leg., ch. 139, Sec. 1, eff

The commission or administrator may cancel an original or a renewal wine and malt beverage retailer's permit or retail dealer's on-premise license and the commission may deny an application for 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 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 business does in fact endanger the general welfare, health, peace, morals, or safety of the community and that there is a reasonable likelihood that such conduct would continue at the same location under another licensee or permittee.

Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.