16 Tex. Admin. Code § 33.62 - Filing a Protest of a License or Permit Application
(a) A protest of a license or permit
application must be:
(1) filed by a person or
persons with legal standing to contest the issuance or renewal of the license
or permit under Alcoholic Beverage Code §§
11.431,
11.432,
61.313, or
61.314;
(2) timely filed according to subsection (b)
of this section;
(3) in
writing;
(4) submitted in at least
one of the following manners:
(A) through the
TABC's online protest tool, if available;
(B) by mailing either a completed TABC
protest form, available on the TABC website, or a letter that meets the
requirements of subsection (c), below, to the Texas Alcoholic Beverage
Commission, ATTN: Licensing Protest Coordinator, P.O. Box 13127, Austin, Texas,
78711; or
(C) by e-mailing either a
completed TABC protest form, available on the TABC website, or a letter that
meets the requirements of subsection (c) of this section to the protest email
address for the TABC Region in which the applicant premises is located, as
follows:
(i)
Protests_Reg1@tabc.texas.gov
(ii)
Protests_Reg2@tabc.texas.gov
(iii)
Protests_Reg3@tabc.texas.gov
(iv)
Protests_Reg4@tabc.texas.gov; or
(v) Protests_Reg5@tabc.texas.gov;
and
(5)
complete, including all information required by this rule.
(b) A protest must be filed within the
following time limits:
(1) For an application
for an original license or permit or a change of location under Alcoholic
Beverage Code §
11.08, a
protest is timely if it is filed between 60 days prior to and 15 days after the
date the commission deems the application complete. When an application is
deemed complete, the commission will update its public database to show the
application as pending.
(2) For an
application for renewal of a license or permit, a protest is timely filed if it
is filed within 60 days prior to the expiration date of the license or permit,
up to the expiration date.
(c) A protest filed by a member of the public
must include the following elements:
(1) the
first and last name and physical address of the property of the person or
persons filing the protest;
(2) the
approximate distance of the person's home from the premises or proposed
premises;
(3) contact information
for the person filing; and
(4) all
reasonable grounds that are the basis for the protest.
(d) A protest filed by a government official
must include the following elements:
(1) the
name of the official, the office held, and contact information;
(2) a description of the geographic limits of
the official's jurisdiction; and
(3) the basis or bases for the
protest.
(e) A protest
that fails to meet any of the requirements of this rule may be rejected. A
person whose protest is rejected may refile the protest with corrections to
meet the rule requirements within the time period prescribed by subsection (b)
of this section and/or refile the concerns as a complaint at any time,
according to §31.10, Filing a Complaint. The determination of the validity
of a protest is not a contested case subject to the Texas Administrative
Procedure Act (Tex. Gov't Code Ch. 2001).
Notes
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