| (a) This section applies to performance bonds, which
are the bonds required by Alcoholic Beverage Code §11.61(b-1)
and §61.71(l).
(b) The first performance bond filed by a licensee
or permittee with the commission as prescribed under §11.61(b-1)
and §61.71(l) of the Alcoholic Beverage Code shall be in the
amount of $2,000. In the event the first bond is forfeited to the
commission, a licensee or permittee must file a second bond with the
commission as prescribed under those provisions in the amount of $4,000
before a license or permit may be reinstated. In the event the second
bond is forfeited to the commission, a licensee or permittee must
file a third bond issued under those provisions in the amount of $6,000
before a license or permit may be reinstated. If a permit or license
that is secured by a performance bond is cancelled, the performance
bond in place at the time of cancellation is forfeited to the commission.
(c) A permittee or licensee who is required to file
a performance bond may furnish instead of all or part of the required
bond amount:
(1) one or more certificates of deposit assigned to
the state issued by a federally insured bank or by a credit union
authorized to do business in this state; or
(2) one or more letters of credit issued by a federally
insured bank or credit union authorized to do business in this state.
(d) Forfeiture of Performance Bonds.
(1) Except as provided by paragraph (2) of this subsection,
the commission may seek forfeiture of a performance bond upon violation
of any statute or rule under the commission's jurisdiction.
(2) For violations of Alcoholic Beverage Code §§102.31
and 102.32, the first six incidents may not be counted as violations
supporting bond forfeiture. The seventh and subsequent violations
will be counted as violations supporting bond forfeiture.
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