Tex. Alcoh. Bev. Code Section 61.41
Second License at Same Location; Effect on Existing License

(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.

(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 (Premises Defined; Designation of Licensed Premises) and 109.53 (Citizenship of Permittee; Control of Premises; Subterfuge Ownership; Etc), 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.
Acts 1977, 65th Leg., p. 465, ch. 194, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2005, 79th Leg., Ch. 1182 (S.B. 1255), Sec. 4, eff. June 18, 2005.
Acts 2013, 83rd Leg., R.S., Ch. 763 (S.B. 1035), Sec. 9, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1074 (H.B. 3307), Sec. 5, eff. September 1, 2013.
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 181(a), eff. December 31, 2020.
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 181(b), eff. September 1, 2021.

Source: Section 61.41 — Second License at Same Location; Effect on Existing License, https://statutes.­capitol.­texas.­gov/Docs/AL/htm/AL.­61.­htm#61.­41 (accessed Jun. 5, 2024).

61.01
License Required 61.02
Nature of License 61.03
Expiration or Suspension of License 61.04
License Not Assignable 61.05
Name of Business 61.06
Privileges Limited to Licensed Premises 61.07
Agent for Service 61.08
Statement of Stock Ownership 61.09
Change of Location 61.10
Replacement of License 61.12
Restriction on Consumption 61.13
Conduct Surety Bond 61.14
Altering Form of Business Entity 61.15
Certain Applications Prohibited 61.16
Unauthorized Use of License 61.031
Notification of Expired or Suspended License 61.31
Application for License 61.34
Appeal from Denial 61.35
License Fees 61.36
Local Fee Authorized 61.37
Certification of Wet or Dry Status 61.38
Notice of Application 61.40
Premises Ineligible for License 61.41
Second License at Same Location 61.42
Mandatory Grounds for Denial: Distributor or Retailer 61.43
Discretionary Grounds for Denial: Distributor or Retailer 61.44
Denial of Distributor’s or Retailer’s License: Prohibited Interests 61.45
Denial of Retailer’s or Distributor’s License: Prohibited Interest in Premises 61.46
Brewer’s License: Grounds for Denial 61.48
Renewal Application 61.49
Action on Renewal Application by Commission 61.50
Renewal of Retail Dealer’s License: Grounds for Denial 61.51
Premises Defined 61.52
Administrative Penalty in Certain Counties 61.71
Grounds for Cancellation or Suspension: Retail Dealer 61.72
Suspension or Cancellation: Retailer: Premises 61.73
Retail Dealer: Credit Purchase or Dishonored Check 61.74
Grounds for Cancellation or Suspension: Distributor 61.75
Suspension of Brewer’s License 61.76
Suspension Instead of Cancellation 61.77
Certain Acts Also Violations of Code 61.78
Violator Not Excused by Cancellation or Suspension 61.79
Notice of Hearing: Denial, Cancellation, or Suspension of License 61.80
Hearing for Cancellation or Suspension of License 61.81
Appeal from Cancellation or Suspension of License 61.82
May Not Restrain Suspension Order 61.83
Cancellation or Suspension: When Effective 61.84
Activities Prohibited During Cancellation or Suspension 61.85
Disposal of Stock on Termination of License 61.86
Discipline for Actions of Agent 61.87
Affirmation of Compliance 61.111
Health Risks Warning Sign 61.313
Protest by Member of the Public 61.314
Protest by Government Official 61.381
Notice by Sign 61.382
Notice by Mail 61.421
Denial of License Authorizing On-premises Consumption 61.711
Retail Dealer: Conviction of Offense Relating to Discrimination 61.712
Grounds for Cancellation or Suspension: Sales Tax 61.713
Cancellation for Improper Display or Use of License 61.721
Cancellation of Permit or License in Certain Municipalities 61.761
Alternatives to Suspension, Cancellation
Green check means up to date. Up to date

Accessed:
Jun. 5, 2024

§ 61.41’s source at texas​.gov