Effective August 21, 2016, permittees and licensees are required to report changes to the commission that previously were not due to be reported until the next renewal application was to be filed.
Specifically, the following changes must now be reported to TABC no later than the 30th day after the change occurs:
• The addition or removal of a person whose name was included on the original application or whose name would be required if a new original application was being submitted, regardless of the title, position or ownership held;
• A change to the type of business;
• A change to a phone number or email address;
• A change to a person’s criminal history that affects whether the person is qualified to hold a permit or license;
• A change of the owner of the premises, a sublessor, a management company, or a concession company, or to the terms of any agreements with any such persons;
• A change of the employer of a holder of a Distiller’s Agent’s Permit, an Agent’s Permit, a Manufacturer’s Agent Permit, or an Agent’s Beer License;
• A change of organization, such as converting a corporation to a limited liability company.
A change of tradename must be reported before the change is implemented.
The rule does not change the statutory provisions that require Mixed Beverage Permittees to report changes of over 50 percent ownership before they take effect. The rule also does not change the statutory requirement to report a change from a sole proprietorship to an entity not later than the 11th day preceding the date the change will occur.
This new rule means that many changes that might routinely take place in an organization must be reported to the commission almost immediately. The rule does not state a penalty for noncompliance.
We encourage you to contact Martin Frost & Hill before making company changes so that we may help you report the changes on time. If you have made changes that need to be reported, we can help you bring your organization into compliance. Please call us anytime at (512) 473-0300.