Laserfiche WebLink
<br />Sec. 6-38. - Issuance; term. <br /> <br />Upon the payment of the applicable fee required under this article to the city secretary and <br />exhibition of a permit or license duly issued by the state to the applicant or person paying such <br />fee, the city secretary shall, in the name of the city, issue and deliver to such applicant a license <br />or permit to engage in business in the city of the character described in and authorized by the <br />permit or license from the state held by such applicant, and the license or permit so issued in <br />the name of the city shall authorize the conduct of such business upon the premises described <br />in the permit or license from the state and shall remain in force only so long as such permit or <br />license from the state remains in force. <br /> <br />Below are the relevant sections from the Texas Alcoholic Beverage Code regarding the <br /> sections will be updating across the next couple <br />of years): <br /> <br />Sec. 11.38. LOCAL FEE AUTHORIZED. <br /> <br />Text of subsection effective until September 01, 2021 <br /> <br />(a) The governing body of a city or town may levy and collect a fee not to exceed one-half the <br />state fee for each permit issued for premises located within the city or town. The commissioners <br />court of a county may levy and collect a fee equal to one-half of the state fee for each permit <br />issued for premises located within the county. Those authorities may not levy or collect any <br />other fee or tax from the permittee except general ad valorem taxes, the hotel occupancy tax <br />levied under Chapter 351, Tax Code, and the local sales and use tax levied under Chapter 321, <br />Tax Code. <br /> <br />Text of subsection effective on September 01, 2021 <br /> <br />(a) The governing body of a city or town may levy and collect a fee for each permit issued for <br />premises located within the city or town. The commissioners court of a county may levy and <br />collect a fee for each permit issued for premises located within the county. The fees authorized <br />by this subsection may not exceed one-half the statutory fee provided in this code as of August <br />31, 2021, for the permit issued. Those authorities may not levy or collect any other fee or tax <br />from the permittee except general ad valorem taxes, the hotel occupancy tax levied under <br />Chapter 351, Tax Code, and the local sales and use tax levied under Chapter 321, Tax Code. <br />(b) The commission or administrator may cancel or suspend a permit if it finds that the <br />permittee has not paid a fee levied under this section within 180 days after the date the fee was <br />levied. A permittee who sells an alcoholic beverage without first having paid a fee levied under <br />this section commits a misdemeanor punishable by a fine of not less than $10 nor more than <br />$200. <br />(b-1) A city, town, or county may enter into a contract with a private attorney or a public or <br />private vendor for the collection of an unpaid permit fee levied under this section that is more <br />than 60 days past due. A private attorney or a public or private vendor collecting a fee under <br />this subsection may assess a collection charge to a permit holder for late payment or <br />nonpayment of a fee levied under this section. <br />(b-2) A city, town, or county may enter into an interlocal agreement with another entity <br />authorized to levy a fee under this section for the collection of a permit fee that is more than 60 <br />days past due on behalf of the other entity and shall remit the appropriate fees collected to the <br />other entity. The amount collected through an interlocal agreement under this subsection may <br />not exceed the amount of the fee levied by the city, town, or county under this section and any <br /> <br />