What Are the Restrictions for a Liquor License in Texas?
The Texas Alcoholic Beverage Commission oversees the issuance of liquor licenses and permits in the state. Texas restricts who is eligible to purchase a liquor license and where the license may be used. Besides liquor license restrictions, there are also restrictions on hours of sale for liquor stores, hours of consumption for bars and restaurants serving alcoholic beverages, transport of alcoholic beverages, resale and other issues.
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Citizenship
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While in the past only Texas residents could receive liquor licenses, the Legislature changed that law in 2007. Under current law, an individual applying for a license must be a U.S, citizen at the time of application or hold permanent resident status. Licenses are not issued to corporations, firms, partnerships, associations or other legal entities unless that entity is registered to conduct business in Texas or files a certificate of formation to do so.
Other Qualifications
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Anyone applying for a Texas liquor license must be at least 21 years old and possess "good moral character." The TABC may refuse to issue a permit or renew one if the applicant has been convicted of violating any of the TABC codes within two years of filing the application or within five years of an applicant's termination of a sentence for a felony conviction.
The license may also be refused if the applicant did not answer or falsely answered any questions on the TABC application. Applicants owing the state any taxes or fees or penalty payments imposed by the TABC cannot have the license application approved or renewed. -
Location
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By Texas statute, counties and cities may adopt local ordinances prohibiting alcoholic beverage sales within 300 feet of schools, churches or public hospitals. In some cases, the distance for a school may be up to 1,000 feet. Such ordinances may also include day-care facilities. Distances from schools are considered via a straight line between property lines and directly across intersections.
For churches or hospitals, the distance is measured from the front door of the proposed premises selling alcoholic beverages to the street front. If the establishment is on the same side of the street as the church or hospital, the measurement continues along the street to the point of the front entrance to the church or hospital. If the street must be crossed, measure from the point perpendicular to the front entrance of the the establishment to the closest intersection, across the intersection in a straight line then back along the street to the point of the front entrance of the hospital or church. Counties and cities may grant variances regarding these restrictions.
Wet or Dry County
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One Texas restriction that liquor license holders in other states may not have to deal with is whether the county in which they want to do business is "wet," allowing liquor sales, or "dry," prohibiting the sale of alcholic beverages. The city clerk in which the permit application is made must certify whether the address of the premises included in the application is in a wet region and if there are any city charters or ordinances prohibiting liquor sales.
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