Bill Text: TX HB3240 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the cancellation or suspension of a permit because the permittee facilitated a sexual performance in the presence of children.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-03-15 - Referred to State Affairs [HB3240 Detail]
Download: Texas-2023-HB3240-Introduced.html
| 88R12894 SCP-D | ||
| By: Shaheen | H.B. No. 3240 | |
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| relating to the cancellation or suspension of a permit because the | ||
| permittee facilitated a sexual performance in the presence of | ||
| children. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 11.61(b), Alcoholic Beverage Code, is | ||
| amended to read as follows: | ||
| (b) The commission or administrator may suspend for not more | ||
| than 60 days or cancel an original or renewal permit if it is found, | ||
| after notice and hearing, that any of the following is true: | ||
| (1) the permittee has been finally convicted of a | ||
| violation of this code; | ||
| (2) the permittee violated a provision of this code or | ||
| a rule of the commission; | ||
| (3) the permittee was finally convicted of a felony | ||
| while holding an original or renewal permit; | ||
| (4) the permittee made a false or misleading statement | ||
| in connection with the permittee's original or renewal application, | ||
| either in the formal application itself or in any other written | ||
| instrument relating to the application submitted to the commission, | ||
| its officers, or employees; | ||
| (5) the permittee is indebted to the state for taxes, | ||
| fees, or payment of penalties imposed by this code, by a rule of the | ||
| commission, or by Chapter 183, Tax Code; | ||
| (6) the permittee is not of good moral character or the | ||
| permittee's reputation for being a peaceable and law-abiding | ||
| citizen in the community where the permittee resides is bad; | ||
| (7) the place or manner in which the permittee | ||
| conducts the permittee's business warrants the cancellation or | ||
| suspension of the permit based on the general welfare, health, | ||
| peace, morals, and safety of the people and on the public sense of | ||
| decency; | ||
| (8) the permittee is not maintaining an acceptable | ||
| bond; | ||
| (9) the permittee maintains a noisy, lewd, disorderly, | ||
| or unsanitary establishment or has supplied impure or otherwise | ||
| deleterious beverages; | ||
| (10) the permittee is insolvent or has developed an | ||
| incapacity that prevents or could prevent the permittee from | ||
| carrying on the management of the permittee's establishment with | ||
| reasonable skill, competence, and safety to the public; | ||
| (11) the permittee is in the habit of using alcoholic | ||
| beverages to excess; | ||
| (12) the permittee knowingly misrepresented to a | ||
| customer or the public any liquor sold by the permittee; | ||
| (13) the permittee was intoxicated on the licensed | ||
| premises; | ||
| (14) the permittee sold or delivered an alcoholic | ||
| beverage to an intoxicated person; | ||
| (15) the permittee possessed on the licensed premises | ||
| an alcoholic beverage that the permittee was not authorized under | ||
| the permit to purchase and sell; | ||
| (16) a package store or wine only package store | ||
| permittee transported or shipped liquor, or caused it to be | ||
| transported or shipped, into a dry state or a dry area within this | ||
| state; | ||
| (17) the permittee is residentially domiciled with a | ||
| person who has a financial interest in an establishment engaged in | ||
| the business of selling malt beverages at retail, other than a mixed | ||
| beverage establishment, except as authorized by Section 22.06, | ||
| 24.05, or 102.05; | ||
| (18) the permittee is residentially domiciled with a | ||
| person whose permit or license was cancelled for cause within the | ||
| 12-month period preceding the permittee's own application; | ||
| (19) the permittee is not a citizen of the United | ||
| States or has not been a citizen of Texas for a period of one year | ||
| immediately preceding the filing of the permittee's application, | ||
| unless the permittee was issued an original or renewal permit on or | ||
| before September 1, 1948, and has been a United States citizen at | ||
| some time; | ||
| (20) the permittee permitted a person to open a | ||
| container of alcoholic beverage or possess an open container of | ||
| alcoholic beverage on the licensed premises unless a mixed beverage | ||
| permit has been issued for the premises; | ||
| (21) the permittee failed to promptly report to the | ||
| commission a breach of the peace occurring on the permittee's | ||
| licensed premises; | ||
| (22) the permittee consumed an alcoholic beverage or | ||
| permitted one to be consumed on the licensed premises at a time when | ||
| the consumption of alcoholic beverages is prohibited by this code; | ||
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| (23) the permittee sold, served, or delivered an | ||
| alcoholic beverage at a time when its sale is prohibited; or | ||
| (24) the permittee facilitated a performance in which | ||
| a performer, in the presence of an individual under the age of 18: | ||
| (A) danced in a lewd manner that: | ||
| (i) depicted the exhibition of the genitals | ||
| or pubic area of an unclothed, partially clothed, or clothed | ||
| individual with the intent of appealing to the prurient interest in | ||
| sex; and | ||
| (ii) had no serious literary, artistic, | ||
| political, or scientific value; or | ||
| (B) exhibited sexual gesticulations using | ||
| accessories or prosthetics that exaggerate male or female primary | ||
| or secondary sexual characteristics. | ||
| SECTION 2. This Act takes effect September 1, 2023. | ||
