| (a) A protest of a license or permit application must
be:
(1) filed by a person or persons with legal standing
to contest the issuance or renewal of the license or permit under
Alcoholic Beverage Code §§11.431, 11.432, 61.313, or 61.314;
(2) timely filed according to subsection (b) of this
section;
(3) in writing;
(4) submitted in at least one of the following manners:
(A) through the TABC's online protest tool, if available;
(B) by mailing either a completed TABC protest form,
available on the TABC website, or a letter that meets the requirements
of subsection (c), below, to the Texas Alcoholic Beverage Commission,
ATTN: Licensing Protest Coordinator, P.O. Box 13127, Austin, Texas,
78711; or
(C) by e-mailing either a completed TABC protest form,
available on the TABC website, or a letter that meets the requirements
of subsection (c) of this section to the protest email address for
the TABC Region in which the applicant premises is located, as follows:
(i) Protests_Reg1@tabc.texas.gov
(ii) Protests_Reg2@tabc.texas.gov
(iii) Protests_Reg3@tabc.texas.gov
(iv) Protests_Reg4@tabc.texas.gov; or
(v) Protests_Reg5@tabc.texas.gov; and
(5) complete, including all information required by
this rule.
(b) A protest must be filed within the following time
limits:
(1) For an application for an original license or permit
or a change of location under Alcoholic Beverage Code §11.08,
a protest is timely if it is filed between 60 days prior to and 15
days after the date the commission deems the application complete.
When an application is deemed complete, the commission will update
its public database to show the application as pending.
(2) For an application for renewal of a license or
permit, a protest is timely filed if it is filed within 60 days prior
to the expiration date of the license or permit, up to the expiration
date.
(c) A protest filed by a member of the public must
include the following elements:
(1) the first and last name and physical address of
the property of the person or persons filing the protest;
(2) the approximate distance of the person's home from
the premises or proposed premises;
(3) contact information for the person filing; and
(4) all reasonable grounds that are the basis for the
protest.
(d) A protest filed by a government official must include
the following elements:
(1) the name of the official, the office held, and
contact information;
(2) a description of the geographic limits of the official's
jurisdiction; and
(3) the basis or bases for the protest.
(e) A protest that fails to meet any of the requirements
of this rule may be rejected. A person whose protest is rejected may
refile the protest with corrections to meet the rule requirements
within the time period prescribed by subsection (b) of this section
and/or refile the concerns as a complaint at any time, according to §31.10,
Filing a Complaint. The determination of the validity of a protest
is not a contested case subject to the Texas Administrative Procedure
Act (Tex. Gov't Code Ch. 2001).
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