| (a) This section implements Alcoholic Beverage Code §11.44
and §102.32(d-1) and clarifies procedures related to administrative
inactivation involving either voluntary or involuntary suspensions.
(b) Administrative inactivation refers to the placing
of a license or permit in administrative suspense under this section
and without a due process hearing. During administrative inactivation
(whether voluntary or involuntary), the license or permit holder may
not engage in any authorized activities allowed under that license
or permit. The term of the license or permit will not be tolled during
administrative inactivation but will expire on the date indicated
on the face of the license or permit.
(c) Unless otherwise disqualified or provided for by
this section, the commission may, without a hearing, administratively
inactivate and place in administrative suspense a license or permit
upon receipt of an affidavit by the landlord, on a form prescribed
by the executive director, that the premises has been abandoned by
the licensee or permittee and that the licensee or permittee no longer
has any interest in the premises.
(d) The commission may without a hearing administratively
inactivate and place in administrative suspense a license or permit
if the commission receives a final, non-appealable court judgment
of eviction concerning against a permitted or licensed premises that
is subject to a pending or unexpired suspension order or for which
a cancellation or suspension action has been initiated.
(e) The commission may, without a hearing, administratively
inactivate and place in administrative suspense a license or permit
if the license or permit holder is delinquent in the payment of an
account for liquor under Code §102.32 and either subsection (c)
or (d) of this section applies. The Commission may not accept the
voluntary cancellation or suspension of a license or permit or allow
a license or permit to be renewed or transferred if the license or
permit holder is delinquent in the payment of an account for liquor
under §102.32 of the Texas Alcoholic Beverage Code.
(f) The commission may, but is not required to, administratively
inactivate and place in voluntary suspense a license or permit if
no administrative action is pending against the license or permit
and either:
(1) the actual license or permit is submitted by the
license or permit holder; or
(2) a sworn statement is submitted by the license or
permit holder stating that the actual license or permit is unavailable
for surrender and why.
(g) If a license or permit has been placed in voluntary
administrative inactivation and the license or permit has not expired
then the license or permit may be reinstated to active status, but
only if the same requirements and qualifications as an applicant for
an original license or permit are met. If a license or permit is reinstated
under this subsection, the license or permit fee for the remainder
of the license or permit term during which it was placed in administrative
inactive status is not required.
(h) A license or permit may be renewed while on administrative
inactivation only if, prior to the expiration date of the license
or permit, a completed renewal with required supporting documents
and all necessary state fees and surcharges is filed in accordance
with all applicable sections of the code and rules. Otherwise the
license or permit will expire at the end of its existing term.
(i) The effective date of the administrative inactivation
of a license or permit or its voluntary cancellation will be the date
the statement or other document required by this section is received
in the licensing division or any other date mutually agreed to by
the parties.
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