Tex. Alcoh. Bev. Code Section 61.43
Discretionary Grounds for Denial: Distributor or Retailer

The commission may deny an application for a license as a distributor or retailer if the commission has reasonable grounds to believe and finds that:

(1)

the applicant has been finally convicted in a court of competent jurisdiction for the violation of a provision of this code during the two years immediately preceding the filing of an application;

(2)

five years has not elapsed since the termination, by pardon or otherwise, of a sentence imposed for conviction of a felony;

(3)

the applicant has violated or caused to be violated a provision of this code or a rule or regulation of the commission, for which a suspension was not imposed, during the 12-month period immediately preceding the filing of an application;

(4)

the applicant failed to answer or falsely or incorrectly answered a question in an original or renewal application;

(5)

the applicant for a retail dealer’s license does not have an adequate building available at the address for which the license is sought before conducting any activity authorized by the license;

(6)

the applicant or a person with whom the applicant is residentially domiciled had an interest in a license or permit which was cancelled or revoked within the 12-month period immediately preceding the filing of an application;

(7)

the applicant failed or refused to furnish a true copy of the application to the commission’s district office in the district in which the premises sought to be licensed are located;

(8)

the applicant for a retail dealer’s license will conduct business in a manner contrary to law or in a place or manner conducive to a violation of the law; or

(9)

the place, building, or premises for which the license is sought was used for selling alcoholic beverages in violation of the law at any time during the six months immediately preceding the filing of the application or was used, operated, or frequented during that time for a purpose or in a manner which was lewd, immoral, offensive to public decency, or contrary to this code.
Acts 1977, 65th Leg., p. 466, ch. 194, Sec. 1, eff. Sept. 1, 1977. Amended by Acts 1993, 73rd Leg., ch. 934, Sec. 52, eff. Sept. 1, 1993; Acts 1997, 75th Leg., ch. 1068, Sec. 1, eff. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 625, Sec. 4, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1026, Sec. 1, eff. June 20, 2003.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 544 (S.B. 371), Sec. 3, eff. September 1, 2017.
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 186, eff. December 31, 2020.

Source: Section 61.43 — Discretionary Grounds for Denial: Distributor or Retailer, https://statutes.­capitol.­texas.­gov/Docs/AL/htm/AL.­61.­htm#61.­43 (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

§ 61.43’s source at texas​.gov