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Section 61.44. Denial of Distributor's or Retailer's License: Prohibited Interests

TX Alco Bev Code § 61.44 (2019) (N/A)
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Text of section effective on December 31, 2020

Sec. 61.44. DENIAL OF DISTRIBUTOR'S OR RETAILER'S LICENSE: PROHIBITED INTERESTS. (a) 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 a financial interest in an establishment authorized to sell distilled spirits, except as authorized in Section 22.06, 24.05, or 102.05;

(2) a person engaged in the business of selling distilled spirits has a financial interest in the business to be conducted under the license sought by the applicant, except as authorized in Section 22.06, 24.05, or 102.05; or

(3) the applicant is residentially domiciled with a person who has a financial interest in an establishment engaged in the business of selling distilled spirits, except as authorized in Section 22.06, 24.05, or 102.05.

Text of subsection effective until September 01, 2021

(b) The commission may deny an application for a retail dealer's license if the commission has reasonable grounds to believe and finds that:

(1) the applicant has a real interest in the business or premises of the holder of a manufacturer's or distributor's license; or

(2) the premises sought to be licensed are owned in whole or part by the holder of a manufacturer's or distributor's license.

Text of subsection effective on September 01, 2021

(b) The commission may deny an application for a retail dealer's license if the commission has reasonable grounds to believe and finds that:

(1) the applicant has a real interest in the business or premises of the holder of a brewer's or distributor's license; or

(2) the premises sought to be licensed are owned in whole or part by the holder of a brewer's or distributor's license.

Acts 1977, 65th Leg., p. 467, ch. 194, Sec. 1, eff. Sept. 1, 1977.

Amended by:

Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 187(a), eff. December 31, 2020.

Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 187(b), eff. September 1, 2021.