Tex.
Alcoh. Bev. Code Section 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.(c)
Subsection (b) does not apply to the satisfaction of the distance requirement prescribed by Section 109.33 (Sales near School, Church, or Hospital)(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 Section 109.33 (Sales near School, Church, or Hospital)(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)
Section 11.61 (Cancellation or Suspension of Permit)(b)(1), (6)-(11), (13), (14), or (20); or(2)
Section 61.71 (Grounds for Cancellation or Suspension: Retail Dealer)(a)(5)-(8), (10), (11), (13), (16), (17), (21), or (23).
Source:
Section 109.59 — Application of Distance Requirements, https://statutes.capitol.texas.gov/Docs/AL/htm/AL.109.htm#109.59 (accessed Jun. 5, 2024).
