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The Texas Blue
Advancing Progressive Ideas

Bill Tracker: SB 1564 – 3 Year Ban for Allegations

Our procedure for getting a license to sell alcohol is very thorough. Our state is unique in the sense that in addition to a standard statewide procedure, we also have home rule municipalities that dictate alcohol sales to a degree. One of the main questions that can affect the decisions within a municipality is, “Can we trust this license holder?”

SB 1564 states:

(b) The commission or administrator shall refuse to issue for a period of three years a permit or license for any location to an applicant who submitted a prior application that expired or was voluntarily surrendered before the hearing on the application was held on a protest involving allegations of prostitution, a shooting, stabbing, or other violent act, or an offense involving drugs. The three-year period commences on the date the prior application expired or was voluntarily surrendered.

I am not advocating that criminals own liquor stores, but I find this legislation careless. It is difficult to understand who is being banned when and why and under what proof — a "protest involving allegations"? What is that, exactly?

I have been to a few alcohol license hearings, simply because they take place in the County Court at Law prior to the trial docket. At one point the judge asks the basically empty room if anyone protests this application. It’s like the awkward wedding moment when the priest asks the congregation if they have anything to say as to why the two people can’t get married.

Generally, there is no response at the wedding or the license hearing, but what if there were? If someone were to make an allegation of any one of the enumerated offenses, would the person be subject to a 3 year ban? And why this list of offenses? Perhaps this bill needs more tinkering to really get to the intended outcome.

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