AI-assisted research summary: The commission must deny original and renewal applications for a wine and malt beverage retailer’s permit when the applicant or spouse has certain recent convictions or when the five-year waiting period has not passed.
Sec. 25.06. DENIAL OF ORIGINAL APPLICATION. (a) The commission shall deny an original application for a wine and malt beverage retailer's permit 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 Chapter 481, Health and Safety Code, or 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 permit if the commission finds that five years have 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 wine and malt beverage retailer's permit if the commission finds: (1) that the applicant, or the applicant's spouse, has been 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 have not elapsed since the termination of a sentence, parole, or probation served by the applicant, or the applicant's spouse, of a felony conviction or conviction of 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 permit 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. Acts 1977, 65th Leg., p. 426, ch. 194, Sec. 1, eff. Sept. 1, 1977. Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 284(56), eff. Sept. 1, 1991; Acts 2003, 78th Leg., ch. 625, Sec. 2, eff. Sept. 1, 2003. Amended by: Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 105(a), eff. December 31, 2020. Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 105(b), eff. September 1, 2021. Acts 2021, 87th Leg., R.S., Ch. 807 (H.B. 1540), Sec. 31, eff. September 1, 2021.