Tex. Alco. Bev. Code § 61.74 · Subchapter C. CANCELLATION AND SUSPENSION OF LICENSES
GROUNDS FOR CANCELLATION OR SUSPENSION: DISTRIBUTOR.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) The commission or administrator may suspend for not more than 60 days or cancel an original or renewal general or branch distributor's license if it is found, after notice and hearing, that the licensee:
(1) violated a provision of this code or a rule of the commission during the existence of the license sought to be cancelled or suspended or during the immediately preceding license period;
(2) was finally convicted for violating a penal provision of this code;
(3) was finally convicted of a felony while holding an original or renewal license;
(4) violated Section 101.41-101.43, 101.68, 102.11-102.15, 104.04, 108.01, or 108.04-108.06, or a rule or regulation promulgated under Section 5.40;
(5) failed to comply with a requirement of the commission relating to the keeping of records or making of reports;
(6) failed to pay any tax due the state on any malt beverages the licensee sold, stored, or transported;
(7) refused to permit or interfered with an inspection of the licensee's premises, vehicles, books, or records by an authorized representative of the commission;
(8) consummated a sale of malt beverages outside the county or counties in which the licensee was authorized to sell malt beverages under the license;
(9) purchased, sold, offered for sale, distributed, or delivered malt beverages while the license was under suspension;
(10) permitted the use of the licensee's license in the operation of a business conducted for the benefit of a person not authorized by law to have an interest in the business;
(11) made a false or misleading representation or statement in the licensee's original application or a renewal application;
(12) has developed an incapacity that prevents or could prevent the license holder from managing the license holder's establishment with reasonable skill, competence, and safety to the public;
(13) misrepresented any malt beverages sold by the licensee to a retailer or to the public;
(14) with criminal negligence sold or delivered malt beverages to a minor; or
(15) purchased, possessed, stored, sold, or offered for sale malt beverages in an original package bearing a brand or trade name of a brewer other than the brand or trade name of the brewer shown on the container.
(b) Each ground specified in Subsection (a) of this section also applies to each member of a partnership or association and, as to a corporation, to the president, manager, and owner of the majority of the corporate stock. The grounds specified in Subdivisions (7)-(9) and (13)-(15) also apply to an agent, servant, or employee of the licensee.
Notes and commentary — not statutory text
History
Acts 1977, 65th Leg., p. 471, ch. 194, Sec. 1, eff. Sept. 1, 1977. Amended by Acts 1979, 66th Leg., p. 1972, ch. 777, Sec. 20, eff. Aug. 27, 1979; Acts 1981, 67th Leg., p. 256, ch. 107, Sec. 6, eff. Sept. 1, 1981; Acts 1985, 69th Leg., ch. 285, Sec. 7, eff. Sept. 1, 1986; Acts 1985, 69th Leg., ch. 462, Sec. 8, eff. Sept. 1, 1986; Acts 1993, 73rd Leg., ch. 437, Sec. 3, eff. Sept. 1, 1993; Acts 1993, 73rd Leg., ch. 934, Sec. 54, eff. Sept. 1, 1993.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 199(a), eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 1359 (H.B. 1545), Sec. 199(b), eff. September 1, 2021.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/AL/htm/AL.61.htm
- Text hash
- sha256 ddd527fe23f6a95f6cc4592749b3a0efe6844dbd730bf45f0d133e087b99ca6f
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Alcoholic Beverage Code
- Tex. Alco. Bev. Code § 5.40REGULATION OF MALT BEVERAGE CONTAINER DEPOSITS.Printed as Section 5.40
- Tex. Alco. Bev. Code § 101.41CONTAINERS, PACKAGING, AND DISPENSING EQUIPMENT OF MALT BEVERAGES: LABELS.Printed as Section 101.41-101.43, 101.68, 102.11-102.15, 104.04, 108.01, or 108.04-108.06
- Tex. Alco. Bev. Code § 108.06PRIZES AND PREMIUMS.Printed as Section 101.41-101.43, 101.68, 102.11-102.15, 104.04, 108.01, or 108.04-108.06
Cited by 3 provisions
Provisions in this library whose text cites Tex. Alco. Bev. Code § 61.74. Each shows the citation as that text prints it.
Alcoholic Beverage Code
- Tex. Alco. Bev. Code § 11.64ALTERNATIVES TO SUSPENSION, CANCELLATION.Printed as Section 11.61(b)(14), 22.12, 28.11, 32.17(a)(2), 32.17(a)(3), 61.71(a)(5), 61.71(a)(6), 61.74(a)(14), 69.13, 71.09, 101.04, 101.63, 104.01(a)(4), 106.03, 106.06, or 106.15
- Tex. Alco. Bev. Code § 61.77CERTAIN ACTS ALSO VIOLATIONS OF CODE.Printed as Section 61.71, 61.74, or 61.75
- Tex. Alco. Bev. Code § 66.08RECORDS.Printed as Section 61.74
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.