Texas Alcoholic Beverage Code 25.06 – Denial of Original Application
(a) The commission shall deny an original application for a wine and malt beverage retailer’s permit if the commission finds that the applicant, or the applicant’s spouse, during the five years immediately preceding the application, was finally convicted of a felony or one of the following offenses:
(1) prostitution or solicitation of prostitution;
(2) a vagrancy offense involving moral turpitude;
(3) bookmaking;
(4) gambling or gaming;
(5) an offense involving controlled substances as defined in Chapter 481, Health and Safety Code, or other dangerous drugs;
(6) a violation of this code resulting in the cancellation of a license or permit, or a fine of not less than $500;
(7) more than three violations of this code relating to minors;
(8) bootlegging; or
(9) an offense involving firearms or a deadly weapon.
(b) The commission shall also deny an original application for a permit if the commission finds that five years have not elapsed since the termination of a sentence, parole, or probation served by the applicant or the applicant’s spouse because of a felony conviction or conviction of any of the offenses described in Subsection (a).
Terms Used In Texas Alcoholic Beverage Code 25.06
- Applicant: means a person who submits or files an original or renewal application with the commission for a license or permit. See Texas Alcoholic Beverage Code 1.04
- Commission: means the Texas Alcoholic Beverage Commission. See Texas Alcoholic Beverage Code 1.04
- Conviction: A judgement of guilt against a criminal defendant.
- Malt beverage: means a fermented beverage of any name or description containing one-half of one percent or more of alcohol by volume, brewed or produced from malt, in whole or in part, or from any malt substitute. See Texas Alcoholic Beverage Code 1.04
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
(c) The commission shall deny an application for a renewal of a wine and malt beverage retailer’s permit if the commission finds:
(1) that the applicant, or the applicant’s spouse, has been convicted of a felony or one of the offenses listed in Subsection (a) at any time during the five years immediately preceding the filing of the application for renewal; or
(2) that five years have not elapsed since the termination of a sentence, parole, or probation served by the applicant, or the applicant’s spouse, of a felony conviction or conviction of any of the offenses described in Subsection (a).