Adopted Amendment To §33.25

The Texas Alcoholic Beverage Commission (commission) adopts an amendment to §33.23, relating to the surcharges assessed for permits and licenses issued by the commission without changes to the proposed text as published in the November 7, 2008, issue of the Texas Register (33 TexReg 9040). The commission also adopts amendments to §33.25 relating to the implementation of two-year licenses and permits issued by the commission with a change to the proposed text as published in the November 7, 2008, issue of the Texas Register (33 TexReg 9040).

The amendment to §33.23 deletes surcharges for out-of-state wine only package store permits. The surcharge for this permit is the same as the in-state wine only package store permit, so the separate permit type for out-of-state is deleted as unnecessary.

The amendments to §33.25 also delete the out-of-state wine only package store permits from this section that relates to the implementation of two-year permits. In addition, the rule is amended to delete Forwarding Center Authority permits from subsection (d) of the rule, which is the list of permit types that will be issued two-year permits beginning on January 1, 2009, and adds the permit to subsection (e), which is the list of permit and license types that will be issued two-year permits beginning on September 1, 2009.

An amendment is made to subsection (c) to correct the chapter number of the Texas Alcoholic Beverage Code under which the Agent's Beer License (BK) can be found.

No comments were received as a result of the proposed amendments to the two sections.

The amendment to §33.23 is authorized by §5.50 of the Texas Alcoholic Beverage Code (code), which provides the commission with authority to establish and assess surcharges by rule. The amendments to §33.25 are authorized by §§5.50, 11.09, and 61.03, of the code, which provide the commission with authority to issue a license or permit for a two-year term, and §35.6 of the commission rules, relating to Regional Forwarding Centers for Manufacturers.

Cross Reference: Sections 5.31, 5.50, 11.09, and 61.03 of the Texas Alcoholic Beverage Code and §35.6 of the commission rules are affected by the amendments.

§33.25. Alcoholic Beverage License and Permit Fees and Surcharges.

  (a)  This rule implements the provisions of §§5.50, 11.09 and 61.03 of the Texas Alcoholic Beverage Code (Code). Section 5.50 authorizes the Texas Alcoholic Beverage Commission (commission) by rule to assess surcharges on all applicants for original or renewal certificate, permit, or license issued by the commission. Sections 11.09 and 61.03 of the Code authorize the commission to issue a license or permit for a two-year term and double the amount of the fees established for each license or permit by the Code or a rule of the commission, and surcharges established in §33.23 of this chapter (relating to Alcoholic Beverage License and Permit Surcharges).
  (b)  Implementation Plan. To maintain a reasonable annual distribution of renewal application review work and permit fees, the commission will implement the two-year licensing schedule based on the type of permit or license type for which an application is submitted.
  (c)  An original or renewal application for a permit or license listed in the following chart, with an issue date before October 1, 2008, will expire one year from the date the license or permit is issued. An original or renewal application for a permit or license listed in the following chart, with an issue date on or after October 1, 2008, will expire two years from the date the license or permit is issued.

  (d)  An original or renewal application for a primary permit or license listed in the following chart, with an issue date before January 1, 2009, will expire one year from the date the license or permit is issued. An original or renewal application for a primary permit or license listed in the following chart, with an issue date on or after January 1, 2009, will expire two years from the date the license or permit is issued.

  (e)  An original or renewal application for a primary permit or license listed in the following chart, with an issue date before September 1, 2009, will expire one year from the date the license or permit is issued. An original or renewal application for a primary permit or license listed in the following chart, with an issue date on or after September 1, 2009, will expire two years from the date the license or permit is issued.

  (f)  The following permits and licenses are time limited and the fees and surcharges are assessed each time a permit or license is issued.

  (g)  A secondary permit or license which requires the holder to first obtain another permit, including a late hours permit, expires on the same date as the primary permit expires. A temporary permit or license expires on the date indicated on the license or permit or the same date as the primary permit, whichever occurs earlier. The fees for a secondary or temporary permit or license may not be prorated or refunded.

Note: Amendment Adopted: January 13, 2009; Effective Date: February 12, 2009