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RULE §33.62Filing a Protest of a License or Permit Application

(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).

Source Note: The provisions of this §33.62 adopted to be effective December 31, 2020, 45 TexReg 7241

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