2009 Texas Code
ALCOHOLIC BEVERAGE CODE
TITLE 3. LICENSES AND PERMITS
CHAPTER 81. COMMON NUISANCE  

ALCOHOLIC BEVERAGE CODE

TITLE 3. LICENSES AND PERMITS

SUBTITLE C. PROVISIONS APPLICABLE TO PERMITS AND LICENSES

CHAPTER 81. COMMON NUISANCE

Sec. 81.001. DEFINITION. In this chapter, "common nuisance"

means a common nuisance as defined by Section 125.001, Civil

Practice and Remedies Code, or by Section 101.70(a) of this code.

Added by Acts 2007, 80th Leg., R.S., Ch.

896, Sec. 1, eff. June 15, 2007.

Sec. 81.002. APPLICABILITY OF CHAPTER. This chapter applies

only to a permit or license that authorizes the retail sale or

service of alcoholic beverages for on-premises consumption of

alcoholic beverages, other than a permit or license held with a

food and beverage certificate.

Added by Acts 2007, 80th Leg., R.S., Ch.

896, Sec. 1, eff. June 15, 2007.

Sec. 81.003. SUBMISSION OF INFORMATION BY CERTAIN OFFICIALS.

For the purposes of Section 81.004 or 81.005, the district or

county attorney of the county or the city attorney of the city in

which the premises are located may provide information to the

commission, administrator, or county judge, as appropriate,

indicating that the holder of, or applicant for, a permit or

license covering the premises has used or can reasonably be

expected to use or allow others to use the premises in a manner

that constitutes a common nuisance.

Added by Acts 2007, 80th Leg., R.S., Ch.

896, Sec. 1, eff. June 15, 2007.

Sec. 81.004. APPLICATION FOR ORIGINAL OR RENEWAL PERMIT OR

LICENSE. The commission, administrator, or county judge, as

applicable, may refuse to issue an original or renewal permit or

license, after notice and an opportunity for a hearing, if the

commission, administrator, or county judge finds that, at any

time during the 12 months preceding the permit or license

application, a common nuisance existed on the premises for which

the permit or license is sought, regardless of whether the acts

constituting the common nuisance were engaged in by the applicant

or whether the applicant controlled the premises at the time the

common nuisance existed. The commission, administrator, or

county judge, as applicable, may issue an original or renewal

permit or license if, at the hearing, it is found that the

applicant did not control the premises at the time the common

nuisance existed and the applicant has taken reasonable measures

to abate the common nuisance.

Added by Acts 2007, 80th Leg., R.S., Ch.

896, Sec. 1, eff. June 15, 2007.

Sec. 81.005. CANCELLATION OR SUSPENSION OF PERMIT OR LICENSE.

(a) The commission or administrator may suspend for not more than

60 days or cancel a permit or license if the commission or

administrator finds, after notice and hearing, that the permit or

license holder used or allowed others to use the permitted or

licensed premises in a manner that constitutes a common nuisance.

(b) If the commission or administrator receives information from

an official under Section 81.003, the commission or administrator

shall consider the information and, if the commission or

administrator finds the information sufficient to indicate that

cancellation or suspension under Subsection (a) may be

appropriate, provide notice and hold a hearing under that

subsection to determine whether to suspend or cancel the permit

or license.

(c) Notwithstanding Section 11.64, the commission or

administrator may not give a permit or license holder the

opportunity to pay a civil penalty rather than have the permit or

license suspended.

Added by Acts 2007, 80th Leg., R.S., Ch.

896, Sec. 1, eff. June 15, 2007.

Sec. 81.006. ORDER IMPOSING ADDITIONAL CONDITIONS ON PERMIT OR

LICENSE HOLDER. (a) The commission, administrator, or county

judge, as applicable, may, after notice and hearing under Section

81.004 or 81.005, issue an order imposing any condition on a

permit or license holder that is reasonably necessary to abate a

common nuisance on the premises.

(b) The commission or administrator may suspend for not more

than 60 days or cancel the permit or license of a permit or

license holder who violates an order issued under this section.

The commission or administrator may offer the permit or license

holder the opportunity to pay a civil penalty rather than have

the permit or license suspended.

Added by Acts 2007, 80th Leg., R.S., Ch.

896, Sec. 1, eff. June 15, 2007.

Sec. 81.007. TEMPORARY ORDER DURING PENDENCY OF PROCEEDING. (a)

Before holding a hearing and making a determination under Section

81.004 or 81.005, the commission, administrator, or county judge,

as applicable, may, if there is evidence showing a reasonable

likelihood that a common nuisance exists on the premises for

which the permit or license is held or sought, issue an order

imposing any condition on the permit or license holder or the

applicant for the permit or license that is reasonably necessary

to abate a common nuisance on the premises. An order issued

under this section is effective until:

(1) the expiration of the time for appealing the determination

under Section 81.004 or 81.005; or

(2) if the determination is appealed, until all appeals are

finally decided.

(b) A hearings officer or county judge may issue an order under

this section on the hearings officer's or county judge's own

motion or the motion of a person listed in Section 81.003 or, for

an original or renewal permit or license application, any

individual entitled to protest the issuance of the original or

renewal permit or license.

(b-1) If an individual other than a person described in

Subsection (b) who is entitled to protest the issuance of the

original or renewal permit or license files a motion for a

temporary order under this section, the commission,

administrator, or county judge, as applicable, may not issue a

temporary order without conducting a hearing.

(c) The hearings officer or county judge may impose any sanction

on a person who violates an order issued under Subsection (a)

that is necessary to secure compliance with the order.

(d) A hearing under this section must be held not later than the

10th day after the date notice is served on all interested

parties. Failure to hold a hearing in the time prescribed by

this subsection does not invalidate an order issued under this

section.

(e) A person who requests an order under this section may not be

required to post security for costs in connection with the

application or any hearing conducted as a result of the

application.

Added by Acts 2007, 80th Leg., R.S., Ch.

896, Sec. 1, eff. June 15, 2007.