| (a) This section relates to any license or permit.
The purpose of this section is to clarify the certification process
in subsection (b) of this section and distinguish it from the application
process described in subsections (c) and (d) of this section.
(b) Before filing an application for a license or permit
that is required to be certified under §11.37 or §61.37
of the Alcoholic Beverage Code the applicant must obtain and submit
to the commission:
(1) all required certifications signed by the city
secretary, where appropriate, and the county clerk that the location
for which the license or permit is sought is in a "wet" area for such
license or permit and is not prohibited by charter, by ordinance,
or by valid order in reference to the sale of any alcoholic beverage
allowed by the license or permit;
(2) all other applicable certifications signed by the
city secretary, where appropriate, and the county clerk;
(3) the required certification by the Comptroller of
Public Accounts that the person applying for the license or permit
holds, or has applied for and satisfies all legal requirements for,
the issuance of a sales tax permit;
(4) proof of publication of notice of the application,
if required by §11.39 and §61.38 of the Alcoholic Beverage
Code; and
(5) completed commission forms and any other information
reasonably requested by the commission.
(c) A person or entity may file an application with
the commission by submitting all forms, documents and information
prescribed by the commission in accordance with the practices, policies,
and standards relating to the processing of applications for licenses
and permits.
(d) If additional documentation or information is requested
and not provided within the requested period of time, the application
will be considered incomplete and withdrawn.
(e) An application to renew a license or permit shall
be filed with the commission no earlier than 30 days prior to its
expiration date.
(f) On completion of its processing pursuant to subsection
(c) of this section, the commission shall inform the applicant that
the application is granted or denied.
(g) An applicant must post the notice sign required
by §§11.391 and 61.381 of the Alcoholic Beverage Code not
less than 60 days before the date the license or permit is issued
unless a license or permit authorizing the on-premises consumption
of alcoholic beverages has been active at the requested location any
time during the 24 months immediately preceding the filing of the
application. For purposes of this subsection, an application is filed
on the date a completed application is received by the commission.
(h) For the purposes of §61.35(e) of the Alcoholic
Beverage Code, the commission will transmit to the county tax assessor
5% of the license fee collected for each issued license in that county.
This transmission will occur the month following the issuance of the
license.
(i) Each applicant for an original or renewal license
or permit that allows on-premises consumption of any alcoholic beverage
shall furnish sales data or, if not available, projection of sales
for the location at which the license or permit is located or will
be located. The projection or sales data should include a sufficient
breakdown of sales into the categories of food, alcoholic beverages,
and other major categories of sales at the location.
(j) If an application is granted based in part upon
an authorization issued by the TTB, and the TABC subsequently determines
that the TTB authorization was issued in error or has been canceled
or rescinded, the executive director may cancel the license or permit.
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| Source Note: The provisions of this §33.3 adopted to be effective December 31, 2020, 45 TexReg 8770; amended to be effective April 15, 2021, 46 TexReg 2421; amended to be effective September 1, 2021, 46 TexReg 5178 |
