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PERMITS

Houston Code of Ordinances ch. 28, art. XXII, div. 2
in effect

Houston Code of Ordinances § 28-684 Permit required.

Sec. 28-684. - Permit required. (a) It shall be unlawful for any person to operate a BYOB establishment in the city who has not obtained a permit issued by the department as required by this section. (b) An owner must obtain a separate permit for each BYOB establishment location. (Ord. No. 2023-376, § 4, 5-24-2023)

Houston Code of Ordinances § 28-685 Permit application.

Sec. 28-685. - Permit application. (a) An applicant shall apply for a BYOB permit annually. Application forms shall be supplied by the director. The applicant shall be required to give the following information on the application form: (1) The name, street address (and mailing address if different), email address, personal telephone number, and state driver's license number of each owner and operator, and the name, street address (and mailing address if different), personal telephone number, and email address of each owner; (2) The name under which the BYOB establishment is to be operated; (3) The nature and extent of each owner's interest in the BYOB establishment; (4) The address and telephone number of the BYOB establishment. The use of a public or private post office box or other similar address shall not be sufficient for the purposes of complying with this subsection; (5) If the BYOB establishment is in operation, the date on which the current owner acquired the BYOB establishment for which the permit is sought; (6) If the BYOB establishment is not in operation, the expected start-up date; (7) For each owner and operator, fingerprints and the signed authorization form described in section 28-686 of this Code in order to facilitate the criminal history check required by that section; (8) The registration certificate or assumed name certificate of the BYOB establishment from the Secretary of State, or the registration of assumed name filed in the office of the Harris, Fort Bend, or Montgomery County Clerk; (9) A copy of the BYOB establishment's certificate of occupancy; (10) Scaled drawings of the premises, including: a. A site plan; b. The floor plan of each building; and c. A designation of the areas where consumption of alcohol is to be allowed; (11) A security plan that meets or exceeds the minimum standards established by this chapter, as determined by the police official; (12) A copy of the lease agreement where the BYOB establishment will be operating, or proof of ownership of the property, if applicable; and (13) Other information reasonably required by the director. (b) The annual permit and inspection fee stated in the city fee schedule shall be payable upon the submission of the application and shall be nonrefundable. (Ord. No. 2023-376, § 4, 5-24-2023)

Houston Code of Ordinances § 28-686 Criminal history check.

Sec. 28-686. - Criminal history check. Upon receipt of an application for a permit under this article, the director shall cause the criminal history of each owner and operator designated in the application to be researched. In accordance with the provisions of section 28-685 of this Code, each owner and operator shall complete any forms, including any state or federal request and release forms, required for the director to obtain a criminal history report for the owner and operator in accordance with section 1-15 of this Code, and the applicant shall present the required completed forms to the director and shall reimburse the city for any fees imposed by state or federal agencies for the report. This provision shall not be construed to preclude the director from obtaining interim reports at the expense of the city. As provided in section 28-687 of this Code, the permit application for a BYOB establishment may be denied or revoked at the time of initial application or for any renewal in accordance with section 1-9 of this Code if the owner or operator has been convicted of a criminal offense listed in section 1-10(b)(10) of this Code. (Ord. No. 2023-376, § 4, 5-24-2023)

Houston Code of Ordinances § 28-687 Permit approval.

Sec. 28-687. - Permit approval. (a) The director shall approve a permit application if the director determines that the applicant and the proposed BYOB establishment meet the requirements of this chapter. (b) The director shall deny a permit application if the director determines that: (1) The applicant is under the age of 21 years; (2) The BYOB establishment as proposed would not comply with this chapter; (3) Any operator or owner had a permit required by this chapter that was revoked within the preceding 12-month period; or (4) The applicant had a TABC permit that was involuntarily cancelled or suspended within the preceding 12-month period. (c) The director may deny a permit application if the director determines that: (1) The applicant provided incorrect or incomplete information on the application; or (2) The owner or operator of the BYOB establishment has been convicted of a criminal offense listed in section 1-10(b)(10) of this Code. (d) The director shall give written notice of a denial of an application to the applicant. (e) An applicant may appeal a denial of a permit application to the director in accordance with section 28-693. (Ord. No. 2023-376, § 4, 5-24-2023)

Houston Code of Ordinances § 28-688 Permit not transferable.

Sec. 28-688. - Permit not transferable. A permit issued under this chapter is not transferable to another person. Any change in ownership of a BYOB establishment, including, but not limited to, the sale of the BYOB establishment or any ownership interest therein, shall require the purchaser or transferee to submit a permit application in accordance with section 28-685. (Ord. No. 2023-376, § 4, 5-24-2023)

Houston Code of Ordinances § 28-689 Permit not a right.

Sec. 28-689. - Permit not a right. A permit issued under this chapter is a grant of privilege and is not a property right. (Ord. No. 2023-376, § 4, 5-24-2023)

Houston Code of Ordinances § 28-690 Permit expiration, renewal.

Sec. 28-690. - Permit expiration, renewal. (a) A permit issued under this chapter expires one year after the date it is first issued. (b) The owner shall file an application for permit renewal not sooner than the 90th day and not later than the 20th day before the permit expires. An application that is not filed within the described time period is a new application. (Ord. No. 2023-376, § 4, 5-24-2023)

Houston Code of Ordinances § 28-691 Requirement to supplement information.

Sec. 28-691. - Requirement to supplement information. While a permit application is pending or a permit is in effect, an applicant or owner shall immediately supplement the information provided to the director in the permit application if the information is or becomes inaccurate, incomplete, or misleading. (Ord. No. 2023-376, § 4, 5-24-2023)

Houston Code of Ordinances § 28-692 Permit revocation.

Sec. 28-692. - Permit revocation. (a) The director may revoke a permit issued under this chapter if the director determines that: (1) The owner or operator of the BYOB establishment has been convicted of violating any of the provisions of this article on two or more occasions within the term of the permit or has been convicted of violating any provisions of this article within the 24-month period immediately preceding the date of application for a BYOB establishment permit; (2) The BYOB establishment does not comply with any applicable provisions of this article; (3) The owner does not qualify for a permit under this article; or (4) The permit was obtained or issued as a result of error. (b) The director shall revoke a permit issued under this article if the director determines that the BYOB establishment violated section 28-706 of this article. (c) Before revoking a permit, the director shall provide the owner with written notice in conformity with section 28-694 of the pending permit revocation. The written notice shall include: (1) The reason the permit is subject to revocation; (2) The date on which the permit is scheduled to be revoked; and (3) A statement that the permit will be revoked on the scheduled date unless the owner files a written request for a hearing with the director not later than the 10th business day after the date listed on the written notice of revocation. (d) A permit revocation becomes effective on expiration of the time period prescribed by the notice if the owner does not file a written request for a hearing with the director not later than the 10th business day after the date listed on the written notice of revocation. (e) If the owner timely files a hearing request: (1) The director shall comply with the appeal process set forth in section 28-693; and (2) The revocation is stayed pending the outcome of the hearing. (f) The director shall give written notice in conformity with section 28-694 to the owner of a decision to revoke the permit or a revocation that becomes effective under subsection (c). (g) A BYOB establishment whose permit has been revoked pursuant to items (1) and (2) of subsection (a) and subsection (b) of section 28-692 of this Code shall be required to wait a period of one year from the date the revocation became final before becoming eligible to reapply for a BYOB permit. (Ord. No. 2023-376, § 4, 5-24-2023)

Houston Code of Ordinances § 28-693 Appeal.

Sec. 28-693. - Appeal. (a) Request for appeal. An applicant may appeal a denial of the application for or renewal of a permit or the revocation of a permit within 10 business days after the date listed on the written notice by submitting a written request for an appeal to the director. If the applicant does not request a hearing within ten business days, the denial is effective and final on the eleventh business day after the date of the director's notice of denial. (b) Conduct of hearing; rules and procedures. An appeal hearing shall be conducted on a single weekday within 20 business days after the director receives a request for appeal and shall last no longer than eight hours. Further, an appeal hearing shall be informal and conducted under rules established by the director consistent with the informal nature of the proceedings; provided, however, the following rules shall apply to all appeal hearings conducted under this section: (1) All parties shall have the right to representation by an attorney licensed to practice in Texas, though an attorney is not required; (2) Each party may present witnesses in his own behalf; (3) Each party shall have the right to cross-examine all witnesses; and (4) The hearing officer shall consider only the evidence presented at the appeal hearing in rendering a final decision. (c) Authority of hearing officer. The hearing officer may affirm or reverse a denial or revocation under this article. The hearing officer shall affirm a denial or revocation if he determines by a preponderance of the evidence that grounds exist for the denial or revocation, respectively. The decision of the hearing official is final. (d) Notice of decision. The hearing official shall give written notice of the decision to the applicant and the reasons therefor. The notice shall be provided by certified mail, return receipt requested, as soon after the conclusion of the hearing as practicable, but not more than 30 business days thereafter. (Ord. No. 2023-376, § 4, 5-24-2023)

Houston Code of Ordinances § 28-694 Notices.

Sec. 28-694. - Notices. (a) Any notice required or permitted to be given by the director or any other city office, division, department or other agency under this article to any applicant may be given either by electronic mail, or first-class United States mail, addressed to the most recent address as specified in the application for the permit most recently received by the director, or any notice of address change most recently received by the director. (b) Any notice required or permitted to be given to the director by any person under this article shall not be deemed given until and unless it is received in the office of the director. (c) It shall be the duty of each owner who is designated on the permit application and each operator to furnish notice to the director in writing of any change of mailing address. (Ord. No. 2023-376, § 4, 5-24-2023)

Houston Code of Ordinances § 28-695 Permit posting and sign required.

Sec. 28-695. - Permit posting and sign required. (a) After a BYOB establishment complies with the provisions of this section, the director will provide to the BYOB establishment a permit which shall be displayed in such a manner that it is conspicuous to patrons of the BYOB establishment. (b) Each entrance to a BYOB establishment shall be marked with a sign that: (1) States "BYOB ESTABLISHMENT" in four inch or larger block letters; and (2) Is legible and visible at all times from a distance of 25 feet. (c) Any signage required by this section shall be in conformance with the Sign Code. (Ord. No. 2023-376, § 4, 5-24-2023)
Source: City of Houston, Code of Ordinances and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/houston/codes/code_of_ordinances?nodeId=COOR_CH28MIOFPR_ARTXXIIESNOLITEALBECO_DIV2PEFetched: 10/26/2026

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