Texas Alcoholic Beverage Code 61.41 – Second License At Same Location; Effect On Existing License
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(a) Except as provided by Subsection (d), no license may be issued for a premises, location, or place of business for which a license is in effect unless the holder of the existing license has shown to the satisfaction of the commission that the license holder will no longer exercise any privilege granted by the existing license at that location.
(b) If the holder of the existing license desires to transfer the license to another location, the license holder may apply for a transfer of location in accordance with this code.
Terms Used In Texas Alcoholic Beverage Code 61.41
- Alternating brewery proprietorship: means an arrangement in which two or more parties take turns using the physical premises of a brewery as permitted under this code and federal law. See Texas Alcoholic Beverage Code 1.04
- Brewer: means a person engaged in the brewing of malt beverages, whether located inside or outside the state. See Texas Alcoholic Beverage Code 1.04
- Commission: means the Texas Alcoholic Beverage Commission. See Texas Alcoholic Beverage Code 1.04
- Contract: A legal written agreement that becomes binding when signed.
- Premises: has the meaning given it in § 11. See Texas Alcoholic Beverage Code 1.04
(c) If the holder of the existing license has made a declaration required by the commission that the license holder will no longer use the license, the license holder may not brew or sell malt beverages or possess malt beverages for the purpose of sale until the license has been reinstated. The holder may apply to the commission for the reinstatement of the license in the same manner and according to the same procedure as in the case of an original license application. The commission may deny reinstatement of the license for any cause for which an original license application may be denied.
(d) Notwithstanding Subsection (a) and Sections 11.49 and 109.53, more than one brewer‘s or nonresident brewer’s license may be issued for a single premises if the license holder for the premises has contracted with an entity under an alternating brewery proprietorship or contract brewing arrangement.