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SB 367 would amend the Alcoholic Beverage Code to make it
illegal for the holder of an alcoholic license or permit to allow another person,
who the license was not issued for, to use or display that license.
The Texas Alcoholic Beverage Code (TABC) commissioner or the
administrator could cancel that license if a person is convicted of that
offense. Moreover, the commissioner or administrator may refuse to issue a new
license for five years following that person’s conviction.
Finally, Section 101.76 of the bill would make this offense
a Class B misdemeanor. The punishment becomes a Class A misdemeanor if it is
the second time a person has been convicted of the same offense.
5/19/15 update:
No amendments or modifications have been made to the bill since we reported on it.
First chamber analysis:
The policy of
requiring businesses to obtain licenses from the state in order to lawfully conduct
business is problematic in terms of limited government and interference in free
markets. However, this law addresses an issue that is already illegal. If there
is going to be a punishment attached to this offense, a Class B misdemeanor for
first time offenders is proportional to that offense.
For these reasons, we stand neutral on SB 367 since it does not expand the licensing structure already in place and it only requires a proportional punishment for something that is already illegal but lacks an enforcement mechanism.
House chamber sponsor: Geren