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Section 11.61 and 6.71

Alcoholic Beverage Code

    Section 11.61 — CANCELLATION Or SUSPENSION OF PERMIT

    (e)Except as provided by Subsection (f) or (i), the commission or administrator shall cancel an original or renewal permit if it is found, after notice and hearing, that the permittee knowingly allowed a person to possess a firearm in a building on the licensed premises. This subsection does not apply to a person:

      (1)who holds a security officer commission issued under Chapter 1702, Occupations Code, if:

        (A)the person is engaged in the performance of the person's duties as a security officer;

        (B)the person is wearing a distinctive uniform; and

        (C)the weapon is in plain view;

      (2)who is a peace officer;

      (3)who is a permittee or an employee of a permittee if the person is supervising the operation of the premises; or

      (4)who possesses a concealed handgun of the same category the person is licensed to carry under Subchapter H, Chapter 411, Government Code, unless the person is on the premises of a business described by Section 46.035(b)(1), Penal Code.

    Section 61.71 — GROUNDS FOR CANCELLATION OR SUSPENSION: RETAIL DEALER

    (f) Except as provided by Subsection (g) or (j), the commission or administrator shall cancel an original or renewal dealer's on-premises or off-premises license if it is found, after notice and hearing, that the licensee knowingly allowed a person to possess a firearm in a building on the licensed premises.

    This subsection does not apply to a person:

      (1) who holds a security officer commission issued under Chapter 1702, Occupations Code, if:

        (A) the person is engaged in the performance of the person's duties as a security officer;

        (B) the person is wearing a distinctive uniform; and

        (C) the weapon is in plain view;

      (2) who is a peace officer;

      (3) who is a licensee or an employee of a licensee if the person is supervising the operation of the premises; or

      (4) who possesses a concealed handgun the person is licensed to carry under Subchapter H, Chapter 411, Government Code, unless the person is on the premises of a business described by Section 46.035(b)(1), Penal Code.