16 TAC §33.23
The Texas Alcoholic Beverage Commission proposes amendments
to §33.23 concerning the annual surcharges for all holders of permits
and licenses issued by the commission as required by the Texas Alcoholic Beverage
Code, §5.50(b), effective September 1, 1993. The section is amended by
changing surcharges for all licenses and permits.
Jeannene Fox, Assistant Administrator, has determined, based upon an estimation
of the number of licenses and permits the commission will issue within the
fiscal year, that for state government the estimated revenue by the collection
of surcharges for each of the first five years is $19,400,720, with estimated
additional cost being insignificant. There will be no fiscal implications
for units of local government.
Jeannene Fox has determined the public benefit cost is that for each year
of the first five years the regulated alcoholic beverage industry will bear
the entire amount of the cost, including indirect administrative costs, of
regulation by the Texas Alcoholic Beverage Commission. The effect on small
businesses cannot be determined but is considered to be minimal and would
not anticipate having a disproportionate impact on those in the alcoholic
beverage industry. The anticipated economic cost to persons required to comply
is the applicable surcharge.
Comments on the proposal may be submitted to Jeannene Fox, Assistant Administrator,
Texas Alcoholic Beverage Commission, P. O. Box 13127, Austin, Texas 78711.
The amendments are proposed under the Alcoholic Beverage Code,
Subchapter B, §5.31, which provides the Texas Alcoholic Beverage Commission
with the authority to prescribe and publish rules necessary to carry out the
provisions of the Alcoholic Beverage Code and §5.50(b), which specifically
mandates the surcharges and the General Appropriations Act, 79th Legislature,
Article V, Alcoholic Beverage Commission.
Cross reference to statute: Alcoholic Beverage Code, §§11.32,
11.35, and 61.65.
§33.23.Alcoholic Beverage License and Permit Surcharges.
(a)
A surcharge of all original or renewal permit or license
fees set by the Texas Alcoholic Beverage Code shall be levied against [
all
] license and permit holders as follows:
Figure: 16 TAC §33.23(a)
(1) The surcharge shall apply to each brewpub licensed under
Texas Alcoholic Beverage Code, Chapter 74, even though one or more are licensed
under the same general management or ownership.
(2) An organization which meets the requirements for exemption
from a private club registration permit under the Texas Alcoholic Beverage
Code §32.11, is also exempt from the surcharge.
(b) The surcharges shall be due and payable at the same time
and in the same place and manner as the original or renewal permit, certificate,
or license fee to which the surcharges apply.
(c)
Failure or refusal to timely pay the license, certificate
or permit surcharge shall be considered the same as failure to timely pay
the original or renewal certificate, permit or license fee and the same penalties
will apply.
(d)
The amount of surcharge due shall be determined by the
issue date of the permit or license and the surcharge in effect under this
rule on the issue date of that license or permit.
(e)
This section shall take effect September 1,
2005
[
2002
].
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on July 8, 2005.
TRD-200502765
Alan Steen
Administrator
Texas Alcoholic Beverage Commission
Earliest possible date of adoption: August 21, 2005
For further information, please call: (512) 206-3204