The commission must deny certain original and renewal retail dealer's on-premise license applications if the applicant or spouse has recent disqualifying convictions or if less than five years has passed since sentence, parole, or probation ended.
Sec. 69.06. DENIAL OF ORIGINAL APPLICATION. (a) The commission shall deny an original application for a retail dealer's on-premise license if the commission finds that the applicant or the applicant's spouse, during the five years immediately preceding the application, was finally convicted of a felony or one of the following offenses: (1) prostitution or solicitation of prostitution; (2) a vagrancy offense involving moral turpitude; (3) bookmaking; (4) gambling or gaming; (5) an offense involving controlled substances as defined in the Texas Controlled Substances Act, including an offense involving a synthetic cannabinoid, or an offense involving other dangerous drugs; (6) a violation of this code resulting in the cancellation of a license or permit, or a fine of not less than $500; (7) more than three violations of this code relating to minors; (8) bootlegging; or (9) an offense involving firearms or a deadly weapon. (b) The commission shall also deny an original application for a license if the commission finds that five years has not elapsed since the termination of a sentence, parole, or probation served by the applicant or the applicant's spouse because of a felony conviction or conviction of any of the offenses described in Subsection (a). (c) The commission shall deny an application for a renewal of a retail dealer's on-premise license if it finds: (1) that the applicant or the applicant's spouse has been finally convicted of a felony or one of the offenses listed in Subsection (a) at any time during the five years immediately preceding the filing of the application for renewal; or (2) that five years has not elapsed since the termination of a sentence, parole, or probation served by the applicant or the applicant's spouse because of a felony prosecution or prosecution for any of the offenses described in Subsection (a). (d) In this section the word "applicant" includes the individual natural person holding or applying for the license or, if the holder or applicant is not an individual natural person, the individual partner, officer, trustee, or receiver who is primarily responsible for the management of the premises. (e) In this section, "synthetic cannabinoid" means a substance included in Penalty Group 2-A under Section 481.1031, Health and Safety Code. Acts 1977, 65th Leg., p. 483, ch. 194, Sec. 1, eff. Sept. 1, 1977. Amended by Acts 2003, 78th Leg., ch. 625, Sec. 5, eff. Sept. 1, 2003. Amended by: Acts 2017, 85th Leg., R.S., Ch. 539 (S.B. 341), Sec. 1, eff. September 1, 2017. Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 242, eff. December 31, 2020. Acts 2021, 87th Leg., R.S., Ch. 807 (H.B. 1540), Sec. 32, eff. September 1, 2021.