Enrolled House Bill (H)

Authored by

DIGEST

Various alcoholic beverage matters. Establishes certain procedures and requirements for applications for renewal of alcoholic beverage permits. Allows the alcohol and tobacco commission (commission) to process a permit application while the location of the permit premises is pending and upon a showing of need by the applicant. Requires the commission to issue a temporary beer permit or temporary wine permit if: (1) the permit application is submitted not later than five business days before the event; and (2) the applicant meets all the requirements for a permit. Allows, if authorized by the chairman or chairman's designee and at the commission's Various alcoholic beverage matters. Establishes certain procedures and requirements for applications for renewal of alcoholic beverage permits. Allows the alcohol and tobacco commission (commission) to process a permit application while the location of the permit premises is pending and upon a showing of need by the applicant. Requires the commission to issue a temporary beer permit or temporary wine permit if: (1) the permit application is submitted not later than five business days before the event; and (2) the applicant meets all the requirements for a permit. Allows, if authorized by the chairman or chairman's designee and at the commission's discretion, the commission to issue a temporary beer permit or temporary wine permit to an applicant that: (1) submits an application later than five business days before the event; and (2) meets all the requirements for the permit. Requires the holder of a supplemental caterer's permit to give the commission 48 hours notice of a catered event (instead of 15 days notice of a catered event). Provides that provisions that prohibit the commission from issuing, renewing, or transferring permits to applicants that are delinquent in paying certain taxes does not apply to employee's permits. Allows a senior residence facility to, without an alcoholic beverage permit, possess and give or furnish an alcoholic beverage, by the bottle or by the glass, on the premises of the senior residence facility campus for consumption on the premises to: (1) a resident of the senior residence facility who is not a minor and who resides on the premises of the senior residence facility; or (2) a guest or family member of a resident who is not a minor and who is visiting the resident. Adds certain restaurants, hotels, catering halls, and locations for which the use of a supplemental catering permit has been approved to the types of premises that are excepted from certain provisions regarding the issuance of alcoholic beverage permits near a school or church. Provides that, if the commission receives a written statement from the authorized representative of a church or school and determines the church or school does not object to the issuance of an alcoholic beverage permit for certain premises, the commission may not consider subsequent objections from a church or school to the issuance of the same permit type at the same premises location. Changes, for three-way permits for certain restaurants and seasonal permits, requirements that the commission post notices in newspapers to posting notices on the commission's Internet web site. Allows for the posting of printed notices, instead of publication of notice in a newspaper, if: (1) the commission is unable to procure advertising of the notice in a newspaper at the rate set forth in law; or (2) the newspaper refuses to publish the notice. Requires the publication of a notice of a pending investigation be at least five days (instead of 15 days) before the investigation. Provides that the holder of a club permit may designate one day each calendar week as a "guest day". (Current law provides that the holder of a club permit may designate three or fewer days in a month or nine or fewer consecutive days in a quarter as "guest days".) Allows certain employees who are convicted of operating while intoxicated to retain employee's permits if the employees submit information to the commission verifying that the employees have completed appropriate substance abuse treatment or education programs. (Current law requires the commission to revoke an employee's permit of an employee who is convicted of operating while intoxicated.) Establishes requirements and restrictions for certain drug stores or grocery stores and restaurants that are located in the same building. Allows the department of natural resources to permit, in the terms of a lease or contract, the retail sale of alcoholic beverages for consumption on the licensed premises of a marina located within the Newton-Stewart State Recreational Area and within Orange County if the lessee or concessionaire applies for and secures the necessary permits. Voids part of a commission administrative rule concerning requirements for the issuance of permits located in municipal riverfront development projects. Exempts hotels other than the part of a hotel that is a room in a restaurant in which a bar is located over which alcoholic beverages are sold or dispensed by the drink from certain provisions prohibiting minors in public places where alcoholic beverages are sold or furnished. (The current law exempts that part of a hotel that is separate from a room in which is located a bar over which alcoholic beverages are sold or dispensed by the drink.) Removes provisions that: (1) increase the penalty for an alcoholic beverage retailer or dealer to accept a gift from an alcoholic beverage manufacturer or certain other permittees from a Class A misdemeanor to a Level 6 felony if the value of a gift is at least $750; (2) restrict selling alcoholic beverages on Christmas; and (3) allow the holder of a club permit to designate 24 guest days in each calendar year if the club furnishes alcoholic beverages on not more than two days each week. Removes references to certain repealed provisions in the definition of "conviction for operating while intoxicated". Repeals language that restricts Sunday sales of alcohol in clubs. ... View more