Tex. Alcoh. Bev. Code Section 11.431
Protest by Member of the Public


(a)

A member of the public may protest an application for:

(1)

an original mixed beverage permit, private club registration permit, or wine and malt beverage retailer’s permit if a sexually oriented business is to be operated on the premises to be covered by the permit;

(2)

any renewal of a mixed beverage permit, private club registration permit, or wine and malt beverage retailer’s permit if a sexually oriented business is to be operated on the premises to be covered by the permit and a petition is presented to the commission requesting a hearing which is signed by 50 percent of the residents who reside within 300 feet of any property line of the affected premises;

(3)

a private club registration permit or a permit authorizing the retail sale of alcoholic beverages for on-premises consumption if the person resides within 300 feet of any property line of the premises for which the permit is sought; and

(4)

a mixed beverage permit or a wine and malt beverage retailer’s permit in a municipality with a population of 1,500,000 or more if:

(A)

any point of the property line of the premise is less than 300 feet from the nearest point on a property line of a residence, church, school, hospital, day-care facility, or social service facility, as measured in a straight line; and

(B)

75 percent or more of the permittee’s actual or anticipated gross revenue is from the sale of alcoholic beverages.

(b)

In addition to the situations described by Subsection (a), the commission by rule may authorize a member of the public to protest other permit applications the commission considers appropriate.

(c)

A protest made under this section must include an allegation of grounds on which the original or renewal application, as applicable, should be denied.
Added by Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 34(b), eff. September 1, 2021.

Source: Section 11.431 — Protest by Member of the Public, https://statutes.­capitol.­texas.­gov/Docs/AL/htm/AL.­11.­htm#11.­431 (accessed May 18, 2024).

11.01
Permit Required
11.02
Separate Permit Required
11.03
Nature of Permit
11.04
Must Display Permit
11.05
Unauthorized Use of Permit
11.06
Privileges Limited to Licensed Premises
11.07
Duplicate or Corrected Permit
11.08
Change of Location
11.09
Expiration or Suspension of Permit
11.10
Succession on Death, Bankruptcy, Etc
11.11
Conduct Surety Bond
11.12
Altering Form of Business Entity
11.13
Certain Applications Prohibited
11.015
Hearing Location
11.31
Application for Permit
11.32
Renewal Application
11.33
Application Forms
11.34
Consolidated Application
11.35
Payment of Fee
11.36
Refund of Fee
11.37
Certification of Wet or Dry Status
11.38
Local Fee Authorized
11.39
Applicant to Publish Notice
11.042
Health Risks Warning Sign
11.42
Statement of Stock Ownership
11.43
Application Review Process
11.44
Premises Ineligible for Permit or License
11.46
General Grounds for Denial
11.47
Denial of Permit: Interest in Malt Beverage Establishment
11.48
Denial of Package Store or Mixed Beverage Permit
11.49
Premises Defined
11.50
Licensing a Portion of a Building as Premises
11.51
Wholesalers May Share Delivery Vehicles
11.52
Restrictions on Location in Certain Municipalities
11.61
Cancellation or Suspension of Permit
11.62
Hearing for Cancellation or Suspension of Permit
11.63
Notice of Hearing
11.64
Alternatives to Suspension, Cancellation
11.65
Notice of Cancellation or Suspension
11.66
Suspension or Cancellation Against Retailer
11.67
Appeal from Cancellation, Suspension, or Denial of License or Permit
11.68
Activities Prohibited During Suspension
11.69
Disposal of Beverages in Bulk
11.70
Liability of Surety
11.71
Surety May Terminate Liability
11.72
Discipline for Actions of Agent
11.73
Affirmation of Compliance
11.091
Notification of Expired or Suspended Permit
11.321
Administrative Penalty in Certain Counties
11.391
Notice by Sign
11.392
Notice of Private Club Application or Renewal
11.393
Notice by Mail
11.431
Protest by Member of the Public
11.432
Protest by Government Official
11.481
Refusal of Permit Authorizing On-premises Consumption
11.492
Change of License or Permit from On-premise to Off-premise
11.493
Supplemental or Amended Designation of Premises
11.494
Supplemental Designation of Certain Areas Authorized
11.495
Conformance of Premises with the Americans with Disabilities Act
11.611
Conviction of Offense Relating to Discrimination
11.612
Cancellation of Private Club Permit
11.613
Summary Suspension of Private Club Permit
11.614
Order Suspending Permit or License
11.615
Disciplinary Action for Violation of Order
11.641
Amount of Civil Penalty

Accessed:
May 18, 2024

§ 11.431’s source at texas​.gov