ALCOHOLIC BEVERAGE CODE
CHAPTER 32. PRIVATE CLUB REGISTRATION PERMIT
§ 32.01. AUTHORIZED ACTIVITIES. (a) A private club
registration permit authorizes alcoholic beverages belonging to
members of the club to be:
(1) stored, possessed, and mixed on the club premises;
and
(2) served for on-premises consumption only to members
of the club and their families and guests, by the drink or in
sealed, unsealed, or broken containers of any legal size.
(b) An applicant for or the holder of a private club
registration permit may apply to the commission to have the
activities authorized under the permit restricted to the storage
and service of wine, beer, and malt liquor for members of the club.
Except as otherwise provided by this chapter, an applicant for or
the holder of a permit that is restricted under this subsection is
subject to all the requirements of this chapter. The commission may
adopt rules as necessary to implement this subsection.
Acts 1977, 65th Leg., p. 435, ch. 194, § 1, eff. Sept. 1, 1977.
Amended by Acts 1993, 73rd Leg., ch. 290, § 1, eff. Sept. 1,
1993.
§ 32.02. FEES. (a) Each private club registration
permittee shall pay an annual state fee for each separate place of
business.
(b) The annual state fee shall be computed at the election
of the permittee by using one of the following methods:
(1) A fee based on the highest number of members in
good standing during the year for which the permit fee is paid
according to the following rates:0 to 250 members -- $ 750
251 to 450 members -- $1,350
451 to 650 members -- $1,950
651 to 850 members -- $2,550
851 to 1,000 members -- $3,000
Over 1,000 -- $3 per member;
members or
(2) Except as provided by Subsection (d) of this
section, a fee for an original private club registration permit of
$3,500, with a fee for the first renewal of a private club
registration permit of $2,750, and a fee for the second and each
subsequent renewal of a private club registration permit of $2,000.
(c) A permittee who elects to compute the permit fee based
on Subsection (b)(1) of this section may not alter the method by
which the fee is calculated until the second renewal or a renewal
subsequent to the second renewal.
(d) A permit holder who has elected to restrict the holder's
authorized activities under the permit as provided by Section
32.01(b) of this code shall pay an original permit fee of $1,500 and
an annual renewal fee of $1,500.
(e) No later than 90 days before the expiration of the year
for which the permit fee is paid, the permit holder may submit an
amended application with as much additional fee as is required
under the amended return.
(f) For a permittee who holds a valid permit on the
effective date of this subsection and who elects to pay a permit fee
as provided by Subsection (b)(2) of this section, the fee for
renewal of that permit is:
(1) $2,750 for the first annual renewal since the
original permit was issued; and
(2) $2,000 for a renewal subsequent to the first
annual renewal.
(g) Fees collected under this section shall be deposited in
the general revenue fund.
Acts 1977, 65th Leg., p. 435, ch. 194, § 1, eff. Sept. 1, 1977.
Amended by Acts 1983, 68th Leg., p. 1347, ch. 278, § 22, eff.
Sept. 1, 1984; Acts 1989, 71st Leg., ch. 1204, § 1, eff. Jan. 1,
1990; Acts 1993, 73rd Leg., ch. 290, § 2, eff. Sept. 1, 1993;
Acts 1993, 73rd Leg., ch. 934, § 40, eff. Sept. 1, 1993.
§ 32.03. QUALIFICATIONS FOR PERMIT. (a) A private
club registration permit may only be issued to a club which meets
the requirements of this section.
(b) The club must be an association of persons, whether
unincorporated or incorporated under the laws of this state, for
the promotion of some common object.
(c) Members of the club must be passed on and elected by a
committee or board made up of members of the club, and no employee
of the club shall be eligible to serve on the membership committee
or board.
(d) No application for membership may be approved until the
application has been filed with the chairman of the membership
committee or board and approved by the chairman. The committee or
board may authorize the chairman or a designated agent to issue
preliminary memberships without the approval of the committee or
board for a period not exceeding three days on the request of an
applicant for membership. A preliminary member has all of the
privileges of membership in the club. If the committee or board
does not approve the application before the expiration of the
preliminary membership, the club shall pay to the state the fee
required of temporary members under Section 32.09 of this code. The
club shall remit the fees and record and report preliminary
memberships as the commission or the administrator prescribes.
(e) At least 50 members of the club must reside in the county
in which the premises of the club are located, or at least 100
members must reside in an area comprised of the county in which the
premises of the club is located and an adjacent county or counties.
(f) The club must own, lease, or rent a building, or space in
a building of such extent and character as in the judgment of the
commission is suitable and adequate for the club's members and
their guests.
(g) The club must provide regular food service adequate for
its members and their guests.
(h) The club's total annual membership fees, dues, or other
income, excluding proceeds from the disposition of alcoholic
beverages but including service charges, must be sufficient to
defray the annual rental of its leased or rented premises or, if the
premises are owned by the club, sufficient to meet the taxes,
insurance, and repairs and the interest on any mortgage on the
premises.
(i) The club's affairs and management must be conducted by a
board of directors, executive committee, or similar body chosen by
the members at their annual meeting.
(j) No member or any officer, agent, or employee of the club
may be paid or receive any money as salary or other compensation,
directly or indirectly, from the disposition of alcoholic beverages
to members of the club and their guests, other than charges for the
service of the beverages.
(k) A private club registration permit may not be issued to
or maintained by a club for a premises located in a dry area if the
club operates a sexually oriented business, as defined by Section
243.002, Local Government Code, on the premises.
Acts 1977, 65th Leg., p. 436, ch. 194, § 1, eff. Sept. 1, 1977.
Amended by Acts 1979, 66th Leg., p. 1971, ch. 777, § 19, eff.
Aug. 27, 1979; Acts 2003, 78th Leg., 3rd C.S., ch. 3, §
21.04(a), eff. Jan. 11, 2004.
§ 32.04. APPLICATIONS FOR PERMITS; RENEWALS. (a) A
private club which meets the requirements set forth in Section
32.03 of this code may apply for a private club registration permit
on forms furnished by the commission and containing all information
necessary to insure compliance with the provisions of this code.
(b) Each applicant shall furnish a true copy of his
application to the commission's district office in the district in
which the premises sought to be covered by the permit are located
prior to the filing of the original application with the commission
at Austin.
(c) Applications for a renewal permit shall be filed with
the commission within 30 days prior to the expiration of the current
permit.
Acts 1977, 65th Leg., p. 437, ch. 194, § 1, eff. Sept. 1, 1977.
§ 32.05. LOCKER SYSTEM. The locker system of storage is
a system whereby the club rents a locker to a member in which he may
store alcoholic beverages for consumption by himself and his
guests. All alcoholic beverages stored at a club under the locker
system must be purchased and owned by the member individually.
Acts 1977, 65th Leg., p. 437, ch. 194, § 1, eff. Sept. 1, 1977.
§ 32.06. POOL SYSTEM. (a) The pool system of storage
may be used in any area. Under this system all members of a pool
participate equally in the original purchase of all alcoholic
beverages. The original purchase may be funded by a cash
contribution from each member or from a loan to the club by a third
person guaranteed by all the members. A person who provides a loan
to the club under this subsection may be related or unrelated to the
club. A loan for the original purchase may be repaid from the
alcoholic beverages replacement account. The replacement of all
alcoholic beverages shall be paid for either by money assessed
equally from each member and collected in advance or by the
establishment of an alcoholic beverages replacement account in
which a designated percentage of each charge for the service of
alcoholic beverages, as determined by the club's governing body, is
deposited.
(b) If an alcoholic beverages replacement account is used:
(1) each service check shall have printed on it the
percentage of the service charge that is to be deposited in the
alcoholic beverages replacement account;
(2) no money other than the designated percentage of
service charges may be deposited in the replacement account;
(3) the replacement of alcoholic beverages may be paid
for only from money in the replacement account;
(4) the club's governing body may transfer from the
replacement account to the club's general operating account any
portion of the replacement account that the governing body
determines is in excess of the amount that will be needed to
purchase replacement alcoholic beverages or repay a loan for the
original purchase of alcoholic beverages, but it may make only one
transfer in a calendar month; and
(5) the club shall maintain a monthly record of the
total amount of alcoholic beverage service charges collected, the
amount deposited in the replacement account, the amount used to
purchase alcoholic beverages or repay a loan for the original
purchase of alcoholic beverages, and the amount transferred to the
club's general operating account.
(c) A private club may combine the club's alcoholic
beverages replacement account, general operating account, and any
other account into a single master account if the master account is
maintained in accordance with generally accepted accounting
principles and the club is able to generate statements reflecting
the funds allocated to each component account. If the club
contracts with a third party to provide management or other
services for the club, the club may permit the club's master account
to be combined with the master accounts of other clubs to which the
third party provides similar services if the combined account is
maintained in accordance with generally accepted accounting
principles and the third party is able to generate, for the
commissioner's review on request, statements reflecting the funds
allocated to each component account of the combined account and the
club's master account.
Acts 1977, 65th Leg., p. 437, ch. 194, § 1, eff. Sept. 1, 1977.
Amended by Acts 1979, 66th Leg., p. 1968, ch. 777, § 8, eff. Aug.
27, 1979; Acts 2001, 77th Leg., ch. 1046, § 1, eff. Sept. 1,
2001.
§ 32.07. DISPLAY OF PERMIT. A private club registration
permit shall be displayed in a conspicuous place at all times on the
licensed premises.
Acts 1977, 65th Leg., p. 437, ch. 194, § 1, eff. Sept. 1, 1977.
§ 32.08. PURCHASE AND TRANSPORTATION OF ALCOHOLIC
BEVERAGES. (a) All distilled spirits sold by a club holding a
private club registration permit must be purchased in this state
from a holder of a local distributor's permit.
(b) If the club holding the permit is in an area where there
are no local distributors, alcoholic beverages may be purchased in
any area where local distributors are located and may be
transported to the club premises if the club also holds a beverage
cartage permit. The transporter may acquire the alcoholic
beverages only on the written order of an officer or manager of the
club holding the permit. The alcoholic beverages must be
accompanied by a written statement furnished and signed by the
local distributor showing the name and address of the consignee and
consignor, the origin and destination of the shipment, and any
other information required by the commission or administrator. The
person in charge of the alcoholic beverages while they are being
transported shall exhibit the written statement to any
representative of the commission or any peace officer on demand,
and the statement shall be accepted by the representative or
officer as prima facie evidence of the lawful right to transport the
alcoholic beverages.
(c) If a private club registration permittee holds a
beverage cartage permit and his premises are located in a regional
airport governed by a board, commission, or authority composed of
members from two or more counties, and there is no local distributor
at the airport, the private club registration permittee may
purchase alcoholic beverages from any local distributor in a trade
area served by the airport and transport them to his licensed
premises. The transportation of the beverages must be in
accordance with Subsection (b) of this section.
Acts 1977, 65th Leg., p. 437, ch. 194, § 1, eff. Sept. 1, 1977.
Amended by Acts 1977, 65th Leg., p. 1182, ch. 453, § 6, eff.
Sept. 1, 1977.
§ 32.09. TEMPORARY MEMBERS. (a) The manager or other
person in charge of the club premises may allow a person to enter
the club if he possesses a valid temporary membership card which has
no erasures or changes and which has the temporary dates in a
prominent position on the card. A temporary member may enjoy the
club's services and privileges for a period of not more than three
days per invitation. A temporary member may bring not more than
three guests to the club and must remain in their presence while
they are at the club.
(b) At the time of his admission the temporary member shall
pay the club a fee of $3, which shall represent the fee payable by
the permittee to the state. All fees and payments from temporary
members shall be collected in cash or through credit cards approved
by the commission or administrator.
(c) Temporary memberships shall be governed by rules
promulgated by the commission consistent with the provisions of
this section.
Acts 1977, 65th Leg., p. 438, ch. 194, § 1, eff. Sept. 1, 1977.
Amended by Acts 1979, 66th Leg., p. 68, ch. 42, § 1, eff. Aug. 27,
1979; Acts 1983, 68th Leg., p. 1347, ch. 278, § 23, eff. Sept. 1,
1984.
§ 32.10. GUESTS. (a) Guests shall be limited to those
who accompany a member or temporary member onto the premises or for
whom a member, other than a temporary member, has made prior
arrangements with the management of the club.
(b) Except as provided in Subsection (c) of this section no
guest shall be permitted to pay, by cash or otherwise, for any
service of alcoholic beverages. Any charge for a service rendered
to a guest by the club must be billed by the club to the member or
temporary member sponsoring the guest. A club shall bill a member
other than a temporary member for the service of guests in the
club's regular billing cycle.
(c) The manager of a hotel who is a member of a private club
located within the hotel building may issue a guest card to a patron
of the hotel who is staying in the hotel overnight or longer. The
holder of the guest card may be served alcoholic beverages in the
club or the holder's hotel room. The guest may not be allowed to
pay, by cash or otherwise, at the time of service in the private
club. The charge for service shall be billed to the hotel manager's
account in the hotel and shall be collected by the hotel manager
along with other hotel charges, including the charge for using the
hotel room, when the patron leaves the hotel. The hotel records
shall be available for inspection at the request of the commission.
If the club operates under the locker system a guest shall be served
from the locker rented to the manager of the hotel.
(d) The commission shall promulgate rules necessary to
implement the provisions of this section.
Acts 1977, 65th Leg., p. 438, ch. 194, § 1, eff. Sept. 1, 1977.
Amended by Acts 1979, 66th Leg., p. 68, ch. 42, § 2, eff. Aug. 27,
1979; Acts 1985, 69th Leg., ch. 103, § 1, eff. Sept. 1, 1985.
§ 32.11. FRATERNAL AND VETERANS ORGANIZATIONS. (a) In
this section:
(1) "Fraternal organization" means:
(A) any chapter, aerie, parlor, lodge, or other
local unit of an American national fraternal organization or Texas
state fraternal organization that, as the owner, lessee, or
occupant, has operated an establishment for fraternal purposes for
at least one year. If an American national fraternal organization,
it must actively operate in not fewer than 31 states and have at
least 300 local units in those 31 states, and must have been in
active, continuous existence for at least 20 years. If a Texas
state fraternal organization, it must actively operate in at least
two counties of the state and have at least 10 local units in those
two counties, and must have been in active, continuous existence
for at least five years;
(B) a hall association or building association of
a local unit described in Paragraph (A), all the capital stock of
which is owned by the local unit or the members of the local unit,
and which operates the clubroom facilities of the local unit;
(C) a building association not owned by a local
unit described in Paragraph (A) but one that is composed wholly of
members appointed by a county commissioners court to administer,
manage, and control an exposition center containing an exhibition
area of not less than 100,000 square feet and an arena with not less
than 6,000 fixed seats, situated on property with an area of not
less than 50 acres that is owned, together with all buildings,
appurtenances, and parking areas, by a county;
(D) a chapter or other local unit of an American
national fraternal organization that promotes physical fitness and
provides classes in athletics to children and that, as owner,
lessee, or occupant, has operated an establishment for fraternal
purposes for at least one year. The fraternal organization must:
(i) actively operate in not fewer than 12
states;
(ii) have at least six local units in this
state; and
(iii) have at least one unit in this state
that has been in active, continuous existence for at least 75 years;
or
(E) a chapter or other local unit of an American
national fraternal organization that promotes the moral,
educational, social, and recreational welfare of merchant
seafarers and that, as owner, lessee, or occupant, has operated an
establishment for fraternal purposes for at least one year. The
fraternal organization must:
(i) actively operate in not fewer than 12
states;
(ii) have at least four local units in this
state; and
(iii) have at least one unit in this state
that has been in active, continuous existence for at least 15 years.
(2) "Veterans organization" means an organization
composed of members or former members of the armed forces of the
United States which is organized for patriotic and public service
purposes, including the American Legion, Veterans of Foreign Wars,
Disabled American Veterans, Jewish War Veterans, American GI Forum,
Catholic War Veterans, or any veterans organization chartered by
the United States Congress.
(b) The permit fee imposed by Section 32.02 of this code and
the provisions of Sections 32.03 and 32.10 of this code requiring
regular food service and prohibiting guests from paying in cash do
not apply to a fraternal or veterans organization. Those
organizations are also exempt from Sections 32.05 and 32.06 of this
code, and the members of the organization may use any club funds
owned by them jointly, including revenue from the service of
alcoholic beverages, to replenish their joint stock of alcoholic
beverages.
(c) The requirement that the fraternal or veterans
organization hold a private club registration permit is satisfied
by the issuance of a certificate by the commission that states that
the organization meets the requirements of this section.
(d) All other provisions of this code apply to fraternal and
veterans organizations.
Acts 1977, 65th Leg., p. 439, ch. 194, § 1, eff. Sept. 1, 1977.
Amended by Acts 1987, 70th Leg., ch. 494, § 2, eff. Aug. 31,
1987; Acts 1995, 74th Leg., ch. 338, § 1, eff. Sept. 1, 1995;
Acts 2003, 78th Leg., ch. 913, § 1, eff. Sept. 1, 2003.
§ 32.12. INSPECTION OF PREMISES. The acceptance of a
private club registration permit constitutes an express agreement
and consent on the part of the private club that any authorized
representative of the commission or any peace officer has the right
and privilege to freely enter the club premises at any time to
conduct an investigation or to inspect the premises for the purpose
of performing a duty imposed by this code.
Acts 1977, 65th Leg., p. 439, ch. 194, § 1, eff. Sept. 1, 1977.
§ 32.13. INSPECTION OF BOOKS AND RECORDS. All books and
records pertaining to the operation of any permittee club,
including a current listing, correct to the last day of the
preceding month, of all members of the club who have liquor stored
on the club premises under either the locker or pool system, shall
be made available to the commission or its authorized
representatives on request.
Acts 1977, 65th Leg., p. 439, ch. 194, § 1, eff. Sept. 1, 1977.
§ 32.14. UNREGISTERED CLUBS; PROHIBITED
ACTIVITIES. (a) No permittee, licensee, or any other person
shall deliver, transport, or carry an alcoholic beverage to, into,
or on the premises of any establishment, location, room, or place
purporting to be a club, or holding itself out to the public or any
person as a club or private club, unless the club holds a private
club registration permit.
(b) No person may store, possess, mix, or serve by the drink
or in broken or unsealed containers an alcoholic beverage on the
premises of any establishment, location, room, or place purporting
to be a club or private club unless the club holds a private club
registration permit.
(c) An alcoholic beverage stored or possessed on the
premises of any establishment, location, room, or place purporting
to be a club, or holding itself out to the public or any person as a
club or private club, is declared to be an illicit beverage and
subject to seizure without a warrant unless a private club
registration permit has been issued for the premises, location,
room, or place.
Acts 1977, 65th Leg., p. 440, ch. 194, § 1, eff. Sept. 1, 1977.
§ 32.15. REMOVAL OF BEVERAGES FROM PREMISES. A private
club, irrespective of location or system of storage of alcoholic
beverages, may not permit any person to remove any alcoholic
beverages from the club premises, except as authorized by
Subsection (b) of Section 28.10 of this code.
Acts 1977, 65th Leg., p. 440, ch. 194, § 1, eff. Sept. 1, 1977.
Amended by Acts 1987, 70th Leg., ch. 494, § 1, eff. Aug. 31,
1987.
§ 32.16. UNAUTHORIZED MEMBERSHIP. No private club
registration permittee may allow its average membership to exceed
that authorized by its permit.
Acts 1977, 65th Leg., p. 440, ch. 194, § 1, eff. Sept. 1, 1977.
§ 32.17. CANCELLATION OR SUSPENSION OF PERMIT;
GROUNDS. (a) The commission or administrator may cancel or
suspend for a period of time not exceeding 60 days, after notice and
hearing, an original or renewal private club registration permit on
finding that the permittee club has:
(1) sold, offered for sale, purchased, or held title
to any alcoholic beverage so as to constitute an open saloon;
(2) refused to allow an authorized agent or
representative of the commission or a peace officer to come on the
club premises for the purposes of inspecting alcoholic beverages
stored on the premises or investigating compliance with the
provisions of this code;
(3) refused to furnish the commission or its agent or
representative when requested any information pertaining to the
storage, possession, serving, or consumption of alcoholic
beverages on club premises;
(4) permitted or allowed any alcoholic beverages
stored on club premises to be served or consumed at any place other
than on the club premises;
(5) failed to maintain an adequate building at the
address for which the private club registration permit was issued;
(6) caused, permitted, or allowed any member of a club
in a dry area to store any liquor on club premises except under the
locker system;
(7) caused, permitted, or allowed any person to
consume or be served any alcoholic beverage on the club premises:
(A) at any time on Sunday between the hours of
1:15 a.m. and 10 a.m. or on any other day at any time between the
hours of 12:15 a.m. and 7 a.m., if the club does not have a private
club late hours permit, except that an alcoholic beverage served to
a customer between 10 a.m. and 12 noon on Sunday must be provided
during the service of food to the customer; or
(B) at any time on Sunday between the hours of 2
a.m. and 10 a.m. or on any other day at any time between the hours of
2 a.m. and 7 a.m., if the club has a private club late hours permit,
except that an alcoholic beverage served to a customer between 10
a.m. and 12 noon on Sunday must be provided during the service of
food to the customer; or
(8) violated or assisted, aided or abetted the
violation of any provision of this code.
(b) As used in Subsection (a)(1) of this section, the term
"open saloon" means any place where an alcoholic beverage is sold or
offered for sale for beverage purposes by the drink or in broken or
unsealed containers, or a place where any alcoholic beverage is
sold or offered for sale for on-premises consumption.
(c) After notice and an opportunity for a hearing, the
commission or administrator may cancel or suspend the private club
registration permit of a permit holder who has restricted the
holder's authorized activities under the permit as provided by
Section 32.01(b) of this code on a determination that the permit
holder is storing or serving alcoholic beverages to club members
other than, or in addition to, wine, beer, and malt liquor.
Acts 1977, 65th Leg., p. 440, ch. 194, § 1, eff. Sept. 1, 1977.
Amended by Acts 1993, 73rd Leg., ch. 290, § 3, eff. Sept. 1,
1993; Acts 1993, 73rd Leg., ch. 934, § 41, eff. Sept. 1, 1993;
Acts 1997, 75th Leg., ch. 1002, § 2, eff. Sept. 1, 1997.
§ 32.18. APPEALS FROM ORDERS OF COMMISSION OR
ADMINISTRATOR. An appeal from an order of the commission or
administrator refusing, cancelling, or suspending a private club
registration permit shall be taken to the district court of the
county in which the private club is located. The proceeding on
appeal shall be under the substantial evidence rule. The rules
applicable to ordinary civil suits apply, with the following
exceptions, which shall be construed literally:
(1) all appeals shall be perfected and filed within 30
days after the order, decision, or ruling of the commission or
administrator becomes final and appealable;
(2) all causes shall be tried before the judge within
10 days from the filing, and neither party shall be entitled to a
jury; and
(3) the order, decision, or ruling of the commission
or administrator may be suspended or modified by the district court
pending a trial on the merits, but the final judgment of the
district court shall not be modified or suspended pending appeal.
Acts 1977, 65th Leg., p. 441, ch. 194, § 1, eff. Sept. 1, 1977.
Amended by Acts 1981, 67th Leg., p. 2636, ch. 707, § 4(19), eff.
Aug. 31, 1981.
§ 32.19. AIDING OR ABETTING VIOLATION. A person who
commits, assists, aids, or abets a violation of this chapter
commits an offense.
Acts 1977, 65th Leg., p. 441, ch. 194, § 1, eff. Sept. 1, 1977.
§ 32.20. STAMPS. (a) A private club registration
permittee may not possess or permit a person to possess on the
premises distilled spirits in any container that does not bear a
serially numbered identification stamp issued by the commission or
other identification approved by the commission.
(b) A holder of a local distributor's permit may not
knowingly sell, ship, or deliver distilled spirits in any container
that does not bear a serially numbered identification stamp issued
by the commission or other identification approved by the
commission.
(c) Identification stamps may be issued only to a holder of
a local distributor's permit who shall affix the stamps as
prescribed by the commission or administrator.
Added by Acts 1993, 73rd Leg., ch. 934, § 42, eff. Jan. 1, 1994.
§ 32.21. PERMIT INELIGIBILITY. A private club
registration permit may not be issued to:
(1) a person whose permit was canceled for a violation
of Section 28.06(c) of this code;
(2) a person who held an interest in a permit that was
canceled for a violation of Section 28.06(c) of this code;
(3) a person who held 50 percent or more of the stock,
directly or indirectly, of a corporation whose permit was canceled
for a violation of Section 28.06(c) of this code;
(4) a corporation, if a person holding 50 percent or
more of the corporation's stock, directly or indirectly, is
disqualified from obtaining a permit under Subdivision (3) of this
section; or
(5) a person who resides with a person who is barred
from obtaining a permit because of a violation of Section 28.06(c)
of this code.
Added by Acts 1993, 73rd Leg., ch. 934, § 42, eff. Jan. 1, 1994.
§ 32.22. SUMMARY SUSPENSION. (a) The commission may
summarily suspend, without a hearing, the permit of a permittee who
fails to file a return or make a tax payment. Chapter 2001,
Government Code does not apply to the commission in the enforcement
and administration of this section.
(b) A suspension under this section takes effect on the
third day after the date the notice of suspension is given. The
notice of suspension shall be sent by registered or certified mail
to the permittee, the permittee's agent, servant, or employee if
not given in person.
(c) The commission shall terminate a suspension made under
this section when the permittee files all required returns and
makes all required tax payments, including payment of penalties
that are due.
Added by Acts 1993, 73rd Leg., ch. 934, § 42, eff. Jan. 1, 1994.
Amended by Acts 1995, 74th Leg., ch. 76, § 5.95(49), eff. Sept.
1, 1995.
§ 32.23. FOOD AND BEVERAGE CERTIFICATE. (a) A holder
of a private club registration permit may be issued a food and
beverage certificate by the commission if the gross receipts of
mixed beverages served by the holder are 50 percent or less of the
total gross receipts from the premises.
(b) An applicant or holder of a food and beverage
certificate shall have food service facilities for the preparation
and service of multiple entrees. The commission shall adopt rules
as necessary to assure that the holder of a food and beverage
certificate maintains food service on the premises for which a food
and beverage certificate has been issued.
(c) The fee for a food and beverage certificate shall be set
at a level sufficient to recover the cost of issuing the certificate
and administering this section.
(d) On receipt of an application for a renewal of a private
club registration permit by a holder who also holds a food and
beverage certificate, the commission shall request certification
by the comptroller to determine whether the holder is in compliance
with Subsection (a). In determining compliance with Subsection
(a), the comptroller shall compare the permittee's gross receipts
tax reports with the permittee's sales tax reports for the
premises. If the comptroller does not certify that the holder is in
compliance with Subsection (a), the commission may not renew the
certificate.
(e) A certificate expires on the expiration of the primary
private club registration permit. A holder of a private club
registration permit who is denied renewal of a certificate may not
apply for a new certificate until the day after the first
anniversary of the determination of the comptroller under
Subsection (d).
(f) Section 11.11 does not apply to the holder of a food and
beverage certificate.
Added by Acts 1995, 74th Leg., ch. 1060, § 7, eff. Aug. 28, 1995.
Amended by Acts 2001, 77th Leg., ch. 853, § 3, eff. Sept. 1,
2001; Acts 2001, 77th Leg., ch. 1045, § 3, eff. Sept. 1, 2001.
§ 32.24. BREACH OF PEACE. The commission or
administrator may suspend or cancel a private club registration
permit after giving the holder notice and the opportunity to show
compliance with the requirements of law for the retention of the
permit if the commission or administrator finds that:
(1) a breach of the peace has occurred on the premises
covered by the permit or on a premises under the control of the
holder; and
(2) the breach of the peace resulted from the holder's
improper supervision of a person who was allowed on the premises
covered by the permit or on a premises under the holder's control.
Added by Acts 1997, 75th Leg., ch. 1002, § 1, eff. Sept. 1, 1997.
