Texas Alcoholic Beverage Code 109.59 – Application of Distance Requirements
(a) If at the time an original alcoholic beverage permit or license is granted for a premises the premises satisfies the requirements regarding distance from schools, churches, and other types of premises established in this code and any other law or ordinance of the state or a political subdivision of the state in effect at that time, the premises shall be deemed to satisfy the distance requirements for all subsequent renewals of the license or permit.
(b) On the sale or transfer of the premises or the business on the premises in which a new original license or permit is required for the premises, the premises shall be deemed to satisfy any distance requirements as if the issuance of the new original permit or license were a renewal of a previously held permit or license.
Terms Used In Texas Alcoholic Beverage Code 109.59
- Alcoholic beverage: means alcohol, or any beverage containing more than one-half of one percent of alcohol by volume, which is capable of use for beverage purposes, either alone or when diluted. See Texas Alcoholic Beverage Code 1.04
- Person: means a natural person or association of natural persons, trustee, receiver, partnership, corporation, organization, or the manager, agent, servant, or employee of any of them. See Texas Alcoholic Beverage Code 1.04
- Premises: has the meaning given it in § 11. See Texas Alcoholic Beverage Code 1.04
(c) Subsection (b) does not apply to the satisfaction of the distance requirement prescribed by § 109.33(a)(2) for a public school, except that on the death of a permit or license holder or a person having an interest in a permit or license Subsection (b) does apply to the holder’s surviving spouse or child of the holder or person if the spouse or child qualifies as a successor in interest to the permit or license.
(d) Subsection (a) does not apply to the satisfaction of the distance requirement prescribed by § 109.33(a)(2) for a public school if the holder’s permit or license has been suspended for a violation occurring after September 1, 1995, of any of the following provisions:
(1) § 11.61(b)(1), (6)-(11), (13), (14), or (20); or
(2) § 61.71(a)(5)-(8), (10), (11), (13), (16), (17), (21), or (23).